Public Offer Agreement
For the Supply of Digital Content and Online Services
This document constitutes a public offer (the "Offer") within the meaning of Articles 1254–1262 of the Spanish Civil Code and applicable Spanish and European consumer protection legislation.
This Offer is made by:
Vladyslava Sova
NIE: Z3772122N
Address: Calle Ciudad de Mula 14, Valencia, VC, 46021, Spain
Business status: Self-employed professional (autónoma)
Country of establishment: Spain
Email: info@vladasova.com
Website: www.vladasova.com
(hereinafter referred to as the "Provider")
hereby publishes the present Public Offer (hereinafter, the "Offer"), addressed to the general public, exclusively to natural persons acting as consumers (hereinafter, the "Customer"), for the conclusion of a contract for the supply of digital content and/or online educational services through the Website.
This Agreement is governed by:
- Articles 1254–1262 of the Spanish Civil Code regarding the formation of contracts;
- Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE);
- Royal Legislative Decree 1/2007 on Consumer and User Protection;
- Royal Decree-Law 7/2021 regulating digital content and digital services;
- Regulation (EU) 2016/679 (GDPR);
- Organic Law 3/2018 on Data Protection and Digital Rights;
- Directive 2011/83/EU on Consumer Rights;
- Regulation (EU) 1215/2012 (Brussels I bis);
- Regulation (EC) 593/2008 (Rome I);
- Any other applicable Spanish and European legislation.
Acceptance of this Offer — through completion of the online checkout process, confirmation of acceptance of these Terms, and successful payment — constitutes full and express agreement of the Customer with all provisions of this Agreement and confirms its legally binding nature under Spanish law.
Pre-Contractual Information (Article 27 LSSI-CE)
Prior to placing an order through the Website, the Customer is provided with clear and comprehensible information regarding:
- the identity and contact details of the Provider, as indicated above;
- the essential characteristics of the Digital Content and/or Online Services, as described on the relevant product page;
- the total price in Euros (€), including applicable taxes;
- the accepted payment methods;
- the duration of access and contractual conditions, as specified in this Agreement;
- the existence and conditions of the right of withdrawal, as regulated in Clauses 5 and 6;
- the legal guarantee of conformity applicable to digital content under Spanish law;
- the functionality and compatibility requirements of the Digital Content;
- the existence of alternative dispute resolution mechanisms, including the EU Online Dispute Resolution (ODR) platform.
The technical steps required to conclude the contract are:
- selecting the product;
- entering the required data;
- confirming acceptance of this Agreement;
- completing the payment process.
The Customer may identify and correct input errors before confirming the order. The contract shall be concluded electronically upon successful payment and shall be stored by the Provider. The contract language is English.
Whereas
I. The Provider is a legally established self-employed professional in Spain engaged in the creation and sale of digital audio content and online educational services.
II. The Customer expresses the intention to purchase such digital content and/or services under the terms set forth in this Agreement.
III. Both parties acknowledge that they possess the legal capacity necessary to enter into this Agreement.
Therefore, the parties agree to conclude this Public Offer Agreement under the following:
Terms and Conditions
Clause 1. Definitions
1.1. "Digital Content" means audio files, sound libraries, sound effects, downloadable materials, and any other digital products supplied in electronic format through the Website.
1.2. "Online Services" means online courses, educational materials, video lessons, recorded sessions, and related digital educational services provided via the Website.
1.3. "Website" means www.vladasova.com.
1.4. "Consumer" means any natural person acting for purposes outside their trade, business, craft, or profession.
1.5. "Agreement" means this Public Offer Agreement concluded electronically between the Provider and the Customer.
Clause 2. Subject Matter of the Agreement
2.1. Under this Agreement, the Provider undertakes to:
- Supply Digital Content in electronic format; and/or
- Provide Online Educational Services through remote electronic means, in accordance with the product description published on the Website at the time of purchase.
2.2. The Customer undertakes to:
- Pay the applicable price; and
- Use the purchased Digital Content and/or Services in compliance with this Agreement and applicable law.
2.3. The characteristics, scope, duration, access conditions, and technical requirements of each product are described on the relevant product page of the Website and form an integral part of this Agreement.
Clause 3. Conclusion of the Contract
3.1. The Agreement is concluded exclusively by electronic means through the Website.
3.2. The contract shall be considered validly concluded at the moment when:
- the Customer selects the product;
- confirms acceptance of this Agreement by checking the relevant box;
- completes the payment process successfully.
3.3. The Provider shall confirm the conclusion of the contract by electronic means.
3.4. The Customer acknowledges that electronic acceptance has the same legal validity as a handwritten signature.
Clause 4. Prices and Payment
4.1. All prices are indicated on the Website in Euros (€).
4.2. Prices include applicable VAT (IVA), where required by Spanish tax legislation.
4.3. Payment shall be made through the payment methods available on the Website.
4.4. The Agreement enters into force upon confirmation of successful payment.
Clause 5. Right of Withdrawal (Consumer Rights)
5.1. In accordance with Royal Legislative Decree 1/2007 and applicable European consumer protection legislation, the Customer, acting as a consumer, has the right to withdraw from this Agreement within fourteen (14) calendar days without giving any reason.
5.2. The withdrawal period shall expire fourteen (14) calendar days from:
- the date of conclusion of the Agreement, in the case of Online Services;
- the date of conclusion of the Agreement, in the case of Digital Content not yet accessed.
5.3. To exercise the right of withdrawal, the Customer must notify the Provider of their decision by means of a clear written statement sent to the contact email indicated on the Website.
5.4. If the Customer validly withdraws within the withdrawal period and performance has not yet begun, the Provider shall reimburse all payments received within fourteen (14) days from receipt of the withdrawal notice.
Clause 6. Express Consent and Loss of Right of Withdrawal for Digital Content
6.1. The Digital Content supplied under this Agreement is provided in digital format and access is granted immediately after payment confirmation.
6.2. In accordance with Article 103(m) of Royal Legislative Decree 1/2007, the right of withdrawal does not apply to the supply of digital content not provided on a tangible medium once performance has begun, provided that:
- the Customer has given prior express consent to the commencement of performance during the withdrawal period; and
- the Customer has acknowledged that they thereby lose their right of withdrawal.
6.3. By completing the purchase and expressly confirming the corresponding checkboxes at checkout, the Customer:
- expressly requests and consents to the immediate supply of the Digital Content before the expiry of the withdrawal period; and
- expressly acknowledges that, once access to the Digital Content has been granted, the right of withdrawal is lost.
6.4. If such express consent and acknowledgment are not provided, the Provider shall not grant immediate access to the Digital Content until the withdrawal period has expired.
Clause 7. Partial Performance of Online Services
7.1. In the case of Online Services that begin immediately upon purchase, the Customer expressly requests immediate performance during the withdrawal period.
7.2. If the Customer exercises the right of withdrawal after the performance has begun, the Customer shall pay an amount proportional to the services already provided up to the moment of withdrawal.
7.3. Where full access to the Online Course is granted immediately and the Customer has expressly acknowledged the loss of the withdrawal right, no refund shall be due once access has been fully provided.
Clause 8. Intellectual Property Rights
8.1. All Digital Content, Online Services, course materials, audio files, video recordings, texts, graphics, designs, trademarks, and any other materials made available through the Website are protected by intellectual property laws and remain the exclusive property of the Provider.
8.2. Upon purchase, the Customer is granted a limited, non-exclusive, non-transferable, non-sublicensable, worldwide license to use the Digital Content and/or Online Services strictly in accordance with this Agreement.
8.3. The license granted allows:
- Use in personal projects;
- Use in commercial projects, where expressly permitted by the product description;
- Reasonable technical copies necessary for normal use.
8.4. The Customer shall not:
- Resell, sublicense, distribute, or make the Digital Content available to third parties;
- Share login credentials or grant access to third parties;
- Incorporate the Digital Content into competing libraries or products where the content remains identifiable as a standalone asset;
- Claim authorship of the Digital Content;
- Remove copyright notices or technological protection measures.
8.5. Any unauthorized use shall constitute an infringement of intellectual property rights and may give rise to legal action under Spanish and European law.
Clause 9. Conformity of Digital Content and Legal Guarantee
9.1. The Provider guarantees that the Digital Content and Online Services shall:
- Conform to the description provided on the Website;
- Be suitable for the purposes for which digital content of the same type would normally be used;
- Possess the qualities and functionality reasonably expected;
- Be supplied without third-party rights or legal defects.
9.2. In case of lack of conformity, the Customer shall be entitled, in accordance with Spanish Consumer Law, to:
- Have the Digital Content brought into conformity;
- Receive a proportional price reduction; or
- Terminate the contract where the lack of conformity is substantial.
9.3. The Provider shall bring the Digital Content into conformity within a reasonable time and without significant inconvenience to the Customer.
9.4. The Customer must inform the Provider of any lack of conformity within a reasonable time after becoming aware of it.
9.5. The legal guarantee period shall be as provided by applicable Spanish legislation.
9.6. The Provider shall provide updates, including security updates, that are necessary to maintain the conformity of the Digital Content during the period of time that the Consumer may reasonably expect, taking into account the type and purpose of the Digital Content and the circumstances of its supply, in accordance with Royal Decree-Law 7/2021. The Consumer shall be informed of the availability of such updates. Where the Digital Content is supplied as a one-time purchase and no ongoing updates are included, this shall be expressly indicated on the relevant product page. The Provider shall not be liable for any lack of conformity resulting solely from the Consumer's failure to install updates that were properly made available and notified.
Clause 10. Obligations of the Customer
10.1. The Customer undertakes to:
- Provide accurate, complete, and truthful information during the purchase process;
- Use the Digital Content and Online Services in accordance with this Agreement and applicable law;
- Maintain the confidentiality of login credentials and not share access with third parties;
- Refrain from any activity that may damage the Website, the platform infrastructure, or the Provider's reputation;
- Respect other participants in Online Services, where interaction is enabled.
10.2. The Customer acknowledges that access is granted exclusively to the individual who completed the purchase.
10.3. The Customer shall not use automated systems, scraping tools, or unauthorized technical means to access or extract content from the Website.
Clause 11. Rights of the Provider and Suspension
11.1. The Provider reserves the right to suspend or restrict access to Digital Content or Online Services in the event of:
- Breach of this Agreement;
- Unauthorized sharing of content;
- Fraudulent payment activity;
- Conduct that may harm the Provider's legitimate interests.
11.2. Suspension shall not affect the Customer's statutory consumer rights.
11.3. Where suspension is due to a material breach by the Customer, the Provider may terminate the Agreement without refund, subject to applicable consumer protection law.
Clause 12. Liability
12.1. The Provider shall be liable for damages caused to the Customer only in accordance with mandatory Spanish consumer protection legislation.
12.2. The Provider shall not be liable for:
- Improper or unlawful use of the Digital Content by the Customer;
- Technical issues attributable to the Customer's equipment or internet connection;
- Temporary interruptions due to maintenance, updates, or force majeure events.
12.3. Nothing in this Agreement shall exclude or limit liability where such limitation is prohibited by law, including liability for fraud, willful misconduct, or mandatory consumer rights.
12.4. To the extent permitted by law, and except in cases of mandatory liability, the Provider's total liability arising from this Agreement shall not exceed the total amount paid by the Customer for the relevant product.
12.5. The Provider does not guarantee that the Customer will achieve any specific professional, financial, academic, or personal results from the use of the Online Services. The Online Services consist of educational and informational content. Any results obtained depend on the Customer's individual effort, skills, prior knowledge, and circumstances. Nothing in this clause shall limit the Customer's statutory rights under mandatory consumer protection law.
Clause 13. Data Protection
13.1. The Provider processes personal data in accordance with:
- Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR);
- Organic Law 3/2018 on Personal Data Protection and Digital Rights;
- Applicable Spanish legislation.
13.2. Personal data provided by the Customer shall be processed for the purposes of:
- Managing the contractual relationship;
- Providing Digital Content and Online Services;
- Administrative, accounting, and tax compliance;
- Responding to inquiries and customer support requests.
13.3. The legal basis for processing is the performance of this Agreement and compliance with legal obligations.
13.4. Personal data shall not be disclosed to third parties except:
- Where necessary for payment processing or hosting services;
- Where legally required;
- To service providers acting as data processors under appropriate safeguards.
13.5. The Customer has the right to:
- Access personal data;
- Request rectification or erasure;
- Restrict or object to processing;
- Request data portability;
- Lodge a complaint with the Spanish Data Protection Authority (AEPD).
13.6. Full details are available in the Privacy Policy published on the Website.
Clause 14. Duration and Termination
14.1. This Agreement enters into force at the moment of its electronic acceptance and payment confirmation.
14.2. For Digital Content, the Agreement remains in force for the duration of the granted license.
14.3. For Online Services, the Agreement remains valid for the duration of access specified on the product page.
14.4. The Agreement may terminate:
- Upon full performance by both parties;
- By lawful withdrawal within the statutory period;
- By termination due to material breach.
14.5. Termination shall not affect clauses relating to intellectual property, liability, or data protection, which shall survive termination.
Clause 15. Force Majeure
15.1. The Provider shall not be liable for failure or delay in performance due to events beyond reasonable control, including but not limited to:
- Natural disasters;
- Government measures;
- Internet infrastructure failures;
- Cyberattacks;
- Power outages.
15.2. Performance shall be suspended for the duration of such events.
Clause 16. Applicable Law and Jurisdiction
16.1. This Agreement shall be governed by the laws of Spain.
16.2. If the Customer acts as a consumer, disputes shall be submitted to the courts of the Customer's place of residence in Spain, in accordance with mandatory consumer protection legislation.
16.3. The Provider does not exclude the possibility of alternative consumer dispute resolution mechanisms where required by law.
16.4. Before initiating court proceedings, the parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement through good faith negotiations. Either party may notify the other in writing of the existence of a dispute. The parties shall attempt to reach an amicable settlement within fifteen (15) days from such notification. This clause does not limit or waive the Customer's right to seek judicial protection before the competent courts in accordance with mandatory consumer protection legislation.
Clause 17. Installment Payment Arrangement
17.1. The Provider may offer the Customer the possibility to purchase certain Online Services through an internal installment payment arrangement, whereby the total price of the selected product is divided into three (3) equal payments.
17.2. Under this arrangement:
- The first installment shall be charged at the time of purchase;
- The second installment shall be automatically charged one (1) month after the initial payment;
- The third installment shall be automatically charged one (1) month after the second payment.
17.3. Upon successful payment of the first installment, the Customer shall be granted immediate access to the Online Service, subject to the terms of this Agreement.
17.4. By selecting the installment payment option, the Customer acknowledges and agrees that the obligation to pay the full purchase price remains legally binding, notwithstanding the fact that payment is made in installments.
17.5. If an installment payment cannot be successfully processed:
- Access to the Online Service may be temporarily suspended;
- The Provider or payment system may attempt to process the payment again;
- Access shall be restored once the outstanding installment is successfully paid.
17.6. The Customer may update their payment method within their user account, where such functionality is available.
17.7. The Customer may cancel the installment arrangement through their user account at any time. In such case:
- No further installments shall be charged;
- Access to the Online Service shall be terminated;
- To regain access, the Customer must complete a new purchase, either by full payment or by entering into a new installment arrangement, if available.
17.8. The Provider reserves the right to recover any outstanding unpaid amounts through lawful means in accordance with applicable legislation.
Clause 18. ODR Platform (EU)
18.1. In accordance with Regulation (EU) No 524/2013, the Customer may submit complaints through the European Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr
18.2. The Provider is not obliged to participate in alternative dispute resolution unless required by law.
Clause 19. Final Provisions
19.1. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
19.2. The Provider reserves the right to amend this Agreement, provided that changes shall not affect contracts already concluded.
19.3. The English version of this Agreement shall prevail.
Privacy Policy
1. Data Controller
In accordance with Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR) and Organic Law 3/2018 on Personal Data Protection and Digital Rights (LOPDGDD), the following information is provided:
Data Controller: Vladyslava Sova
NIE: Z3772122N
Address: Calle Ciudad de Mula 14, Valencia, VC, 46021, Spain
Business status: Self-employed professional (autónoma)
Country of establishment: Spain
Email: info@vladasova.com
Website: www.vladasova.com
2. Personal Data Collected
The Provider may collect and process the following categories of personal data:
- Identification data (name, surname)
- Contact data (email address)
- Billing information
- Payment-related data (processed through secure payment providers)
- Account login credentials
- Technical data (IP address, browser type, device information)
- Communications sent through contact forms or email
Payment card details are processed directly by third-party payment providers and are not stored by the Provider.
3. Purposes of Processing
Personal data is processed for the following purposes:
- Managing the purchase and contractual relationship
- Providing access to Digital Content and Online Services
- Processing payments and issuing invoices
- Customer support and communication
- Compliance with legal and tax obligations
- Improving website functionality and security
Marketing communications shall only be sent where legally permitted or with prior consent.
4. Legal Basis for Processing
The legal basis for processing personal data includes:
- Performance of a contract (Article 6(1)(b) GDPR)
- Compliance with legal obligations (Article 6(1)(c) GDPR)
- Legitimate interests (Article 6(1)(f) GDPR), where applicable
- Consent (Article 6(1)(a) GDPR), where required
5. Data Retention
Personal data shall be retained:
- For the duration of the contractual relationship
- For the period required by tax and accounting legislation
- For as long as necessary to resolve potential disputes
Once no longer necessary, data shall be securely deleted or anonymized.
6. Data Recipients
Personal data may be shared with:
- Payment service providers
- Hosting and IT service providers
- Accounting and tax advisors
- Public authorities where legally required
All third-party providers act under appropriate data processing agreements where required.
7. International Transfers
If personal data is transferred outside the European Economic Area (EEA), appropriate safeguards shall be implemented in accordance with GDPR requirements.
8. Data Subject Rights
The Customer has the right to:
- Access personal data
- Rectify inaccurate data
- Request erasure ("right to be forgotten")
- Restrict processing
- Object to processing
- Request data portability
- Withdraw consent at any time (where processing is based on consent)
- Lodge a complaint with the Spanish Data Protection Authority (Agencia Española de Protección de Datos – AEPD)
Requests may be sent to: info@vladasova.com
9. Data Security
The Provider implements appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including protection against unauthorized or unlawful processing, accidental loss, destruction, or damage.
10. Cookies
The Website uses cookies and similar technologies. Detailed information is provided in the Cookie Policy.
11. Changes to This Policy
The Provider reserves the right to update this Privacy Policy to reflect legal or operational changes. The updated version shall be published on the Website.
Cookie Policy
1. What Are Cookies?
Cookies are small text files that are stored on a user's device (computer, tablet, or smartphone) when visiting a website. Cookies allow the website to recognize the user's device and store certain information about preferences or past actions.
This Cookie Policy is issued in accordance with:
- Article 22.2 of Law 34/2002 (LSSI-CE)
- Regulation (EU) 2016/679 (GDPR)
- Organic Law 3/2018 (LOPDGDD)
- AEPD Guidelines on the Use of Cookies (2023)
2. Who Is Responsible for Cookies?
Data Controller: Vladyslava Sova
NIE: Z3772122N
Email: info@vladasova.com
Website: www.vladasova.com
3. Types of Cookies Used
The Website may use the following categories of cookies:
a) Strictly Necessary Cookies
These cookies are essential for the proper functioning of the Website, including: enabling secure login, processing payments, maintaining session security. These cookies do not require prior consent.
b) Functional Cookies
These cookies allow the Website to remember user preferences and enhance functionality.
c) Analytics Cookies
These cookies collect information about how visitors use the Website, such as: pages visited, time spent on pages, traffic sources. This information is used to improve Website performance. Analytics cookies are only used with the user's prior consent.
d) Marketing Cookies
These cookies may be used to: track users across websites, display relevant advertisements, measure advertising effectiveness. Marketing cookies are only activated with prior consent.
4. Consent Management
Upon first visit, a cookie banner allows users to:
- Accept all cookies
- Reject non-essential cookies
- Configure preferences
No non-essential cookies are installed before consent. Scrolling or continued browsing does not constitute consent. Users may withdraw consent at any time by clicking "Cookie Settings" in the website footer.
5. Legal Basis for Use of Cookies
Strictly necessary cookies are processed on the basis of legitimate interest. All other cookies are used only after the user has provided explicit consent through the cookie banner. Users may withdraw or modify consent at any time via the cookie settings panel.
6. Third-Party Cookies
The Website may use third-party services such as: payment providers, analytics providers, hosting services, advertising platforms. These third parties may place cookies in accordance with their own privacy policies.
7. Cookie Retention Period
Cookies may be:
- Session cookies (deleted when the browser is closed)
- Persistent cookies (stored for a defined period)
Retention periods depend on the specific cookie.
8. How to Manage Cookies
Users may:
- Accept or reject non-essential cookies via the cookie banner
- Modify browser settings to block or delete cookies
- Withdraw consent at any time
Please note that disabling certain cookies may affect Website functionality.
9. Updates to This Policy
This Cookie Policy may be updated to reflect legal or technical changes. The updated version will be published on the Website.