TERMS & CONDITIONS
1. General Terms
1.2. “Web Store” refers to Viies Element OÜ, registry code 16099070, address Harju maakond, Tallinn, Nõmme linnaosa, Kalmistu tee 7a-17, 11214, e-mail address firstname.lastname@example.org.
1.3. “Client” refers to the user, who purchases Services from the Web Store.
1.4. “Service” refers to the online courses or other services sold on the Web Store, the description and conditions of which are listed on the relevant page of the Web Store.
1.5. “Contract” refers to the services contract between the Client and the Web Store for the purchase of the Service in accordance with the terms and conditions of the specific Service.
1.6. The Web Store has the right to send personalised commercial communications and offers to the Client, if the Client has expressed the wish to do so, by entering an e-mail address in the Web Store.
1.7. The Web Store has the right to suspend or terminate the use of the Web Store for all Clients or individual groups at any time for a limited period or indefinitely, without stating the reasons, by fulfilling its obligations towards all Clients.
1.8. By purchasing Services through the Web Store, the Client confirms that he/she is at least 18 years of age.
2. Description of the service and placement of orders
2.1. Services can be purchased in the Web Store as a registered Client. A registered Client can see their order history in the Web Store. The Client is responsible for the truthfulness of the data provided upon registration. If the Client’s details change, the details provided to the Web Store must be amended.
2.2. The Web Store allows the Client to receive digital materials as part of the course. The Client is only able to download the course materials that are expressly authorised in the description of the course ordered. The Client can download the materials via a web link, which will be provided after payment for the relevant Service. The Client may download the materials either in the Web Store environment or by a link sent to the Client’s e-mail address via cloud storage (Dropbox, Google Drive, OneDrive, WeTransfer, etc.). Course materials can be downloaded, but the download link may expire after a reasonable period (generally after 30 calendar days). The course materials are in pdf or in another commonly used file format.
2.3. All prices shown in the Web Store are in Euros and include VAT. The price does not include any charge for the delivery of downloadable course materials.
3. Payment and conclusion of contracts
3.1. The Client has the option to pay for the Service in one instalment or, in some cases, in several instalments. In the case of a continuous membership, the Client agrees to a perpetual monthly or 3-monthly payment, at the Client’s option, until the Client decides to terminate the membership. Upon termination of membership, the standing order will be cancelled. Access to the membership programme materials will remain available to the Client for the period of time paid for.
3.2. Payment is made by credit/debit card in the secure environment of Stripe. The Web Store does not have access to the Client’s credit/debit card details.
3.3. The Client will not be able to access the course until the payment or instalment of the payment has been credited to the account of the Web Store.
3.4. After payment, the Client will receive confirmation of the conclusion of the Contract and will be granted access to the purchased course immediately or on the date the course will start. The confirmation will be sent to the contact details provided by the Client (including e-mail address, telephone). The invoice will be sent to the Client after payment has been made.
3.5. If the Web Store is unable to perform the Contract for any reason, the Client will be notified as soon as possible and the money paid will be refunded without delay, but not later than 14 calendar days from receiving the notification.
4. Right of Withdrawal
4.1. The fee paid for services and courses purchased from the Web Store will not be refunded to the Client.
4.2. The impossibility to withdraw from the contract is based on § 47 subsection 3 (13) of the Law of Obligations Act, according to which it is not possible to withdraw from a contract which is subject to the transmission of digital content which is not delivered on a physical medium, if such transmission has commenced with the Client’s prior expressed consent, and the Client acknowledges the fact that they thereby lose the right to withdraw.
5. Intellectual Property
5.1. Copyright of the course materials offered through the Web Store belong to the Web Store or it has previously acquired the corresponding licence.
5.2. The know-how contained in the course materials belong to the Web Store. Use of the materials is permitted for personal use only. The Client may not resell, translate, publish, copy, or distribute the course materials on the web.
6. Settlement of disputes and final provisions
6.1. If the Client has any complaints about the Service, the complaints must be submitted as soon as possible to the e-mail address of the Web Store at email@example.com.
6.2. The laws of Estonia shall apply to the purchase of the Service through the Web Store and to all legal relationships established on the basis thereof.
6.3. If it is not possible to settle the dispute through negotiations, the dispute shall be settled in the Tallinn Court House of Harju County Court, in the Republic of Estonia.
6.4. In the event of failure to reach an agreement, the consumer has the right to apply to the Consumer Disputes Committee of the Consumer Protection and Technical Regulatory Authority or to the European Union Consumer Centre at the Consumer Protection Board for out-of-court settlement of the dispute in order to protect his/her rights.