GENERAL TERMS AND CONDITIONS

Company: Astromiri Pte. Ltd.

for the sale of a personal horoscope service (Astrostory) via the online website at the internet address www.astromiri.com

 

1. PRELIMINARY PROVISIONS

1.1. These Terms and Conditions of the company ASTROMIRI PTE LTD., with its registered office at 20A TANJONG PAGAR ROAD, Singapore 088443, business identification number: UEN: 202126246M, (hereinafter referred to as the "Provider") govern the mutual rights and obligations of the parties arising in connection with or under a purchase contract concluded between the Provider and another natural person (hereinafter referred to as the "Client") through the Provider's website. The Provider's website is operated and located at the internet address www.astromiri.com (hereinafter referred to as the "Website"), through the website interface of the e-shop (hereinafter referred to as the "website interface"(.

1.2. The Terms and Conditions do not apply to cases where a person who intends to purchase a horoscope (hereinafter referred to as "Report") from the Provider is a company, entrepreneur, or has made a purchase in the context of his or her profession.

1.3. Special provisions not found in the Terms and Conditions can be negotiated in the purchase contract. The Terms and Conditions agreed in the purchase contract take precedence over the Terms and Conditions.

1.4. The provisions of the Terms and Conditions are an integral part of the purchase contract. The purchase contract and the Terms and Conditions are written in English.

1.5. The Provider may amend or supplement the wording of the Terms and Conditions. This provision is without prejudice to the rights and obligations which have arisen during the term of the former Terms and Conditions.

 

2. ENTERING INTO A PURCHASE CONTRACT

2.1. The Client may place an order for a Report directly from the website interface.

2.2. When ordering a Report, the Client is obliged to provide all data accurately and truthfully. The Client is obliged to update the information given at the time of the order by sending it to the e-mail address info@astromiri.com. The data given when ordering the Report are considered by the Provider to be valid and form the basis for the preparation of the Report.

2.3. In the case drawing up a Report, this is considered as delivery of a work intended for the consumer and furthermore as the delivery of digital content, where it is not possible to withdraw from the agreement after the work has commenced. The Client will be advised about these facts prior to commencing the order fulfilment and will have to grant their consent with these circumstances in order for the order to be accepted. 

2.4. All presentation of the Report placed on the web interface of the website is of an informative nature and the Provider is not obliged to enter into a purchase contract regarding this service. The provisions of Section 1732(2) of the Civil Code shall not apply.

2.5. The website interface of the site contains information on the Report, including the cost of the Report. The cost for the Report is given including value added tax plus the copyright fee. The cost of the Report remains in effect for as long as it is displayed on the website interface. This provision does not limit the Provider's ability to enter into a purchase contract under individually agreed terms.

2.6. To order the Report, the Client fills in the order form in the Website Interface of the site. The order form includes in particular information on:

 - ordered Report (when ordering a Report, the Client fills in the order form and the Report is ordered); 

- data necessary for the Report, number of reports ordered;

- method of payment of the purchase price of the Report, including currency, information on the required method of delivery of the ordered Report.

2.7. Before sending the order to the Provider, the Client is allowed to check and change the data that the Client entered into the order, even with regard to the Client’s ability to detect and correct errors made when entering their data.

The order is sent by the Client to the Provider by clicking on the "send" button. The information given in the order is considered by the Provider to be valid. Immediately upon receipt of the order, the Provider shall confirm this receipt by e-mail to the Client's e-mail address specified in the user interface or in the order (hereinafter referred to as the "Client's e-mail").

2.8. The Provider is always entitled, depending on the nature of the order (quantity, amount of purchase price, estimated transport costs – there are no physical costs – it is sent by e-mail only) to request the Client for additional confirmation of the order (e.g. in writing or by telephone).

2.9. Within 48 hours after sending their order the Client is entitled to report in writing via e-mail a possible change in the provided data and data of the person for whom they want to have the Report prepared.

2.10. The contractual relationship between the Provider and the Client arises upon delivery of receipt of the order (acceptance) sent by the Provider to the Client’s e-mail address. 

2.11. The Client agrees to use electronic means of communication when entering into a purchase contract. The costs incurred by the Client and the use of means of distance communication in connection with concluding the purchase contract (the cost of internet connection, the cost of phone calls) are borne by the Client themselves, and these costs do not differ from the basic rate.

2.12. If the Client fills in the data for the Report when completing the order form and does not inform the Provider within 48 hours of the gender of the person for whom the Report is to be prepared, the Provider will prepare the Report for the gender of the Client that made the order.  

2.13. The Provider reserves the right to refuse to draw up the Report without giving a reason.

 

3. REPORT COST AND PAYMENT TERMS

3.1. The Report price and any costs associated with delivery under the purchase contract may be paid by the Client to the Provider in the following ways:

- cashless transfer to the account of the Provider no., held with the company

- credit card;

- transfer order;

- Pay Pal.

 

3.2. The Provider requires advance payment from the Client based their order made at the internet address www.astromiri.com. This shall be without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the Report in advance.

3.3. In the case of cashless payment, the purchase price is payable within 7 calendar days following the conclusion of the purchase contract.

3.4. In the case of payment to the Provider's account, the Client is obliged to make payment of the purchase price of the Report with reference to their personal customer number (Variable Symbol).

3.5. The Provider is entitled, especially in the event that the Client does not provide additional confirmation of the order (Article 3.6), to demand full payment of the Report purchase price before sending the Report to the Client.

3.6. Any discounts on the price of the Report provided by the Provider to the Client cannot be used in conjunction other discount offers.

3.7. If it is customary in business practice or if it is provided for by the applicable legislation, the Provider shall issue to the Client a tax document – a pro forma invoice for payments made under the purchase contract. The Provider is the payer of value added tax (VAT). The tax document – invoice is issued by the Provider to the Client after payment of the price of the Report and sent in electronic form to the e-mail address of the Client specified in the order form.

3.8 The Client is obliged to pay the order by the due date specified on the invoice or to terminate it in writing at the e-mail address info@astromiri.com.

 

4. RIGHTS IN THE EVENT OF DEFECTIVE PERFORMANCE

4.1. The Provider is liable to the Client that the Report has no defects upon receipt. In particular, the Provider is liable to the Client that as of the date the Client received the Report:

it is prepared based on the dates and data provided by the Client when placing the order or in writing by e-mail;

has the characteristics agreed upon by the parties and, in the absence of an agreement, has the characteristics described by the Provider or expected by the Client with regard to the nature of the Report described on the Provider’s website;

is in the appropriate quantity and measure;

the Client acknowledges that the Provider is not able to influence in any way whether and in what form the Report is reflected in the reality of life, as it does not correspond to the nature of the services offered

complies with legislative requirements.

4.2. The Client may exercise the rights arising from defective performance with the Provider at the e-mail address info@astromiri.com, through which acceptance of a complaint is possible. After reporting, the Provider will immediately remove the reported defect at their own expense.

4.3. Other rights and obligations of the parties related to the Provider's liability for defects may be regulated by the Provider's Complaints Procedure Code.

 

5. COMPLAINTS PROCEDURE CODE

5.1. In the event of a correctable defect, the Client shall have the right to a free of charge, proper and timely removal of the defect – no later than in 14 calendar days.

5.2. In the event of an uncorrectable defect, the Client shall have the right to a reasonable discount, as deemed appropriate by the Provider. 

5.3. Complaints shall not apply to the following cases:

The Client complains about the repetition of certain characteristics (phrases) in cases where the Provider could not influence it due to the repetition of aspects, planets and other data;

The Client complains about the absence of astrology terminology in the Report, which is not included in the Report;

The Client complains about grammatical errors; if they do not change the meaning of the text, they cannot be the subject of a complaint;

Where the Client was not sufficiently acquainted with the nature of the analysis and the information contained therein. It was bought under the belief that they were buying another type of service or goods that the Provider does not provide and does not even offer on their website;

The Client complains about inconclusive defects in the Report, which the Provider has not been able to detect or influence when making the Report since they do not provide a type of service or goods in the field of traditional astrology, clairvoyance, telepathy, divination and other fields related to the prediction or analysis of the influences on human personality in the past, which changed the personality of the Client to the extent that the result did not correspond to their actual astrological radix according to Astropsychology (Psychological Astrology) and the Regiomontanus house system;

The Client complains about subjective qualitative measures of analysis;

The Client claims defective performance due to technological or technical error on the part of the Client;

The Client claims defects arising from the processing of incorrect or false data entered by the Client themselves;

The Client makes the delivery of the Report impossible by providing an incorrect or non-existent e-mail address

5.4. The Provider shall handle complaints or complaints from consumers by means of written communication to e-mail address info@astromiri.com. Information about the settlement of the complaint or complaint of the Client will be sent by the Provider to the e-mail address of the Client.

 

6. OTHER REQUIREMENTS AND OBLIGATIONS OF THE PARTIES

6.1. The Client acquires ownership for Report by paying the full purchase price of the Report.

6.2. The Provider is entitled to sell the Report on the basis of a trade license issued by the competent Trade Licensing Office in the Czech Republic, the Trade Licensing Control is carried out by the Trade Licensing Office within its competence. The supervision over the area of personal data protection is carried out by the Office of Personal Data Protection of the Czech Republic. The Czech Trade Inspection performs inter alia the supervision in the stipulated extent over the compliance with the Act no. 634/1992 Coll., on Consumer Protection, as amended.

6.3. The Client hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.

 

7. PROTECTION OF PERSONAL DATA

7.1. The protection of personal data of the Client who is a natural person is provided by the Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.

7.2. In the event that processing of personal data occurs in the course of performing the subject of the contract, the Provider shall also be the processor within the meaning of Article 28 of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as the "General Data Protection Regulation" or GDPR.

7.3. The Client agrees to the processing of the following personal data: name and surname, address of residence, date of birth, time and place of birth, telephone number and (all hereinafter collectively referred to as "personal data").

7.4. The Client agrees to the processing of personal data by the Provider within the meaning of Article 7 of the Personal Data Protection Regulation, specifically for the purpose of implementing the rights and obligations of the purchase contract.

7.5. The Client acknowledges that they are obliged to provide their personal data when ordering from the website’s interface accurately and truthfully and that they are obliged to inform the Provider of any change in their personal data without undue delay.

7.6. Personal data will be processed and stored for an indefinite period of time. Personal data will be processed in electronic form in an automated way or in a printed form in a non-automated manner.

7.7. The Client confirms that the personal data provided is accurate and that they have been advised that data is provided on a voluntary basis.

7.8. In the event that the Client is concerned that the Provider or processor (Article 7.5) carries out the processing of their personal data, which is contrary to the protection of the private and personal life of the Client or in violation of the applicable law, in particular if the personal data is inaccurate with regard to the purpose of their processing, they may:

ask the Provider or processor for an explanation;

require the Provider or processor to rectify the situation thus incurred;

if the Client requests information about the processing of their personal data, the Provider is obliged to provide this information.

7.9. The Provider undertakes, during the performance of the contract and after the termination of the contract, to maintain confidentiality of all personal data and facts not publicly available, which they learn from the Client in connection with the performance of the contract (hereinafter referred to as "confidential information").

7.10. The Provider shall not disclose, provide or otherwise make confidential information available or make it available or disclose it to other persons, unless there is a legal reason for doing so, nor shall they use it in breach of its purpose for their own personal needs.

7.11. The Provider shall be responsible for ensuring that the confidentiality will be maintained by their employees, other persons authorized by them and any external collaborators; the provision of confidential information to such persons may be carried out only to the extent strictly necessary for the implementation of these General Terms and Conditions, and such persons must be bound by the Processor to the obligation to protect confidential information at least to the same extent as the Provider is obliged to do so under these General Terms and Conditions.

 

8. ORDER DELIVERY

8.1. The Provider shall complete the delivery of the Report via e-mail to the stated e-mail address of the Client. The term of delivery of the Report depends on the payment terms, such as timely payment of the Report, sending the required data for the preparation of the Report and the conditions of delivery. Upon receipt of payment and sending complete data (full name, gender, date of birth, place and time of birth – if known) via-mail or by stating the data in the electronic order form in the designated section, delivery term will be 4 or 10 business days according to order at most in case of Personal Horoscope (Complete Astrostory). The seller reserves the right to extend this period due to serious reasons or due to the complexity of the Report by 4 business days.

8.2. The Provider shall not be liable for the functionality and management of e-mail, or for defective performance resulting from a technological or technical error.

 

9. COPYRIGHT FEE

9.1. I declare that the personality analysis – Personal Horoscope – Your Astrostory (work) is the subject of copyright within the meaning of Section 2 of the Act No. 121/2000 Coll., Copyright Act. As such, the work may not be reproduced, distributed, lent, rented, exhibited or communicated to the public in any way without the written consent of the author. The work is intended only for the personal use of the Client.

9.2 In accordance with Act 121/2000 Coll., the Act on Copyright, on rights associated with copyright and on the amendment of certain laws, as amended, in connection with decree of the Ministry of Culture No. 488/2006 Coll., the Report purchased by the Client is subject to the obligation to pay the so-called copyright fee. The copyright fee is paid on any of the goods – services associated with the possibility of copying and recording data. This copyright fee is included in the price of the Report.

 

10. FINAL PROVISIONS

10.1. The parties agree that the contractual relationship is governed by the Czech law. This is without prejudice to consumer rights arising from the applicable legislation.

10.2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, such invalid provisions shall be replaced by provisions, which comes as close as possible to the meaning of the invalid provision. The invalidity or ineffectiveness of one provision is without prejudice to the validity of other provisions. Changes and additions to the purchase contract or Terms and Conditions must be made in writing.

10.3. The purchase contract, including the Terms and Conditions, is archived by the Provider in electronic form and it is not publicly available.

In Kladno on 13.5.2020

 

Regarding other provisions:

The Report (Your Astrostory) contains an analysis of personality potential, approach to life, negative and positive habits at a psychological level. Furthermore, it contains the characteristics and needs which are based on the position of the planets according to Astropsychology. The analysis is divided into the conscious, subconscious, rational and emotional side of the personality and self-realization.

The creator of the Report declares that they are not responsible for the way in which the Client utilises the information contained therein. The fulfilment of what is presented in the Report does not guarantee that the Client will cease to experience unpleasant or tragic events in their life.

The Report does not replace medical examinations and does not guarantee that the Client cannot get sick with a serious illness. The Report does not include advice on improving health, a health condition analysis and does not replace treatment.

The Report does not guarantee finding a suitable partner or maintaining an existing partnership. Furthermore, it does not guarantee a functional family life, nor does it guarantee harmonious relations with friends.

The Report cannot affect any events in the Client's life, because these events are affected by the Client’s own will.

The Report takes into account only the person of the contracting authority on psychological level, no other persons can be seen in the Report.

The Report does not take into account your skin color, culture, medical condition, attained education, number of children or criminal record.

The Report cannot determine the extent of the contracting authority's talents, work skills and other skills, or study prerequisites. All this is influenced by the congenital talents of the contracting authority, the influence of the environment, the internal conditions upon which this analysis does not have any effect.