Terms and Conditions - Edumagic Solutions SRL

Chapter I - General provisions

1. The meaning of some terms        
2. The terms used below, unless otherwise stated in the context, have the following meanings:        

• We / The company / Operator means: the company Edumagic Solutions SRL , established in and subject to the laws of Romania, having its headquarters in Buzău, bd. December 1, 1918 no. 65, Buzău county, registered in the trade register under no. J10 / 843 / 05.06.2019, having the fiscal code 41223107, email: [email protected] , telephone: +40760676802;        
• You / Customer / User means: the natural or legal person who accesses and uses the Website or purchases the Goods, Digital Products or Services presented by the Company;        
• The website means: the website available at www.edumagic.eu together with all its subpages;        
• Goods means: hardware and other similar products presented on the Website by the Company sold by External Partners and which you can purchase from them, through the Website, by placing an order to this effect;        
• Digital products means: computer programs / software applications presented on the Website, on which you can purchase usage rights / licenses;        
• External Partners means: the natural or legal persons with whom the Company has concluded various collaboration relations in order to sell by these persons, the goods and services it sells;        
• Services means: Webinar Services and eLearning Services provided or made available by the Company, through the Website, which you can purchase by placing an order to this effect;        
• Webinar Services means: those services provided by the Company, presented on the Website, which consist in supporting a live event, on a certain topic, scheduled on a certain date, in which you can register your participation, under the conditions presented for each event. ;        
• eLearning services means: those services provided or those digital contents made available by the Company, through the Website, and which can be purchased by placing an order to this effect, and access will be provided immediately after confirmation of payment;        
• Your / Customer / User Account means: the account created through the Website, which allows you to purchase the Goods, Digital Products and Services presented by the Company, through the Website;        
• Loyalty points means: quantification of the Customer Reward system through which the Company grants some discounts to its Services. You can read more about this system here;        
• Terms and Conditions means: all provisions set forth on this page that apply to the relationship between the Company and you, when you access or use the Website or when you purchase the Goods, Digital Products or Services offered by the Company;        
• Distance contract means: the contract concluded between You and the Company, through the Website, following the placing of an order and its confirmation, having as object the acquisition of the Digital Products or Services presented on the Website;        
• GDPR Policies means: The Privacy Policy available here and the Cookies Policy available here.        

2. Applicability Terms and Conditions. Mandatory force       
3. These Terms and Conditions, together with the GDPR Policies, apply to all relationships between you and the Company, in particular when you browse and use the Website or when you place an order regarding the Company's Goods, Digital Products or Services.        
4. Thus, to the extent that you browse and use the Website or to the extent that you place an order regarding the Goods, Digital Products or Services offered through the Website, you understand and agree that the relationship between you and the Company will be subject to these. GDPR Terms and Conditions and Policies, the provisions presented having binding legal force. In legal terms, by using the Website or by placing and confirming an order, a contract is concluded between you and the Company whose contractual provisions are given by the content of these Terms and Conditions and the legal provisions that apply in addition.       
5. To the extent that you do not agree with these Terms and Conditions or the GDPR Policies, please stop using the Website and place no order in relation to the Goods, Digital Products or Services presented on it.       
6. At the same time, by using the Website or placing an order, you declare that you meet the legal conditions for issuing a valid consent and that there is no other legal impediment that prevents you from concluding this contract. The company assumes no responsibility if the information provided by you is incorrect.      
7. For the purposes of the provisions mentioned in point 2.4., If you are a Romanian citizen, the age at which you can, in principle, validly issue your consent is 18 years. If you are between 14 and 18 years old, the consent is only valid if it is given with the consent of the legal representatives (such as the parents), and if you are under 14 years of age, the consent can be issued for you only by legal representatives. If you are not a Romanian citizen, it is necessary to check in the nationality legislation the conditions under which you can issue a valid consent, before using the Website or placing an order.       

Chapter II - User Account. Loyalty points

3. User Account       
4. In order to purchase the Goods, Digital Products and Services presented on the Website, it is necessary to create an Account. You can also create an Account if you do not currently want to make a purchase.        
5. The account is created by registering your name, email address and choosing a password based on which you can log in later.       
6. After creating the Account, through it you will be able to purchase the Goods, Digital Products and Services presented on the Website. At the same time, you will be able to access the profile page where you can change the data provided.       
7. Through the User Account you can access the information regarding the status of orders or Loyalty Points, you can download the invoices issued, the certificates obtained or you can access the Purchased Services. You may also change your agreement to receive or not receive notifications regarding promotions and recommendations issued by the Company, you may access and rectify the data provided, or you may delete the Account.      
8. Loyalty points      
9. Loyalty points are part of the Company's Customer Rewards system, and may be used to purchase the Services presented on the Website. In the case of this system, the following principle applies: 1 loyalty point is equivalent to a discount of 1 lei, applied to the total price of the Services purchased.        
10. Loyalty points are obtained in two ways, namely when you purchase or recommend the Company's Services, under the conditions described below.       
11. For some acquisitions relating exclusively to the Company's Services, provision may be made for the award of a number of Loyalty Points. The number of Loyalty Points awarded is calculated as representing the equivalent of 10% of the value of the Services purchased. For example, if you purchase Services in the amount of 100 lei, you will receive 10 Loyalty Points (10% out of 100).       
12. Loyalty points are also awarded if you distribute a link, uniquely associated with the User's Account, regarding a Company Service, and, as a result of this distribution, the Company's Services are purchased by others after accessing the distributed link. . In this case, for each purchase made as a result of accessing the distributed link, you will receive Loyalty Points calculated as representing the equivalent of 10% of the value of the Services purchased. For example, if Services are purchased in the amount of 100 lei, as a result of accessing the distributed link, you will receive 10 Loyalty Points (10% out of 100).      
13. At any time you can see the number of Loyalty Points obtained by accessing your Account.       

Chapter III - Goods, Digital Products and Services

5. The goods presented on the Website       
6. The Goods presented on the Website are sold by External Partners, the Company acting as a simple intermediary between You and the External Partners, only in terms of presenting the Goods and taking the order in order to transmit it to the External Partners. The main characteristics of each Good, together with the related price, are mentioned in its presentation page.        
7. After placing an order regarding the Goods, the Company will send it to the External Partners for processing, You will be informed about the moment of taking the order by the External Partner, by e-mail and User Account. After taking over the order by the External Partner, he will contact you in order to establish all the details regarding the order confirmation, payment, invoicing, delivery, support and product warranty.       
8. The Company assumes no responsibility for the Goods presented on the Website and does not provide any warranty or support in respect thereof. All these things are to be dealt with exclusively with External Partners. In legal terms, no contract is concluded between you and the Company concerning the Goods in question.       
9. Digital products      
10. In case of purchasing Digital Products, after payment, you will receive the license code, together with the information related to the license, activation and user manual. At the same time, this information, with the exception of the license code, is also available in the Digital Product description. The main features of each Digital Product, together with the related price, are mentioned in its presentation page.        
11. If, for the Digital Products presented on the Website, the description "in stock" appears, the Remote Contract is concluded by the actions of placing the order and making the related payment.       
12. eLearning services       
13. The main features of each eLearning Service, together with the related price, are mentioned on their presentation page.        
14. In the case of the purchase of eLearning Services, for which the description "in stock" appears, immediately after their payment, they are provided or you are provided with access to the related digital contents. Thus, you can access the eLearning Services through the User Account after making the related payment.       
15. In some cases, in order to promote the eLearning Services, the Company will organize certain live sessions, in which the persons who have benefited from certain eLearning Services may participate. The Company has no obligation or liability regarding the holding of these live sessions, the Customers not being able to request the Company to support these events for the eLearning Services purchased. In other words, only the Company has the right to determine whether it will organize these live sessions and which of the eLearning Services will be dealt with during the organized session.       
16. For the eLearning Services presented on the Website for which the description "in stock" appears, the distance contract is concluded by the actions of placing the order and making the related payment.      
17. Webinar services      
18. The main features of each Webinar Service, the date of the event together with the related price, are mentioned in their presentation page.        
19. After paying for the Webinar Services, you are registered as a participant in the event, and access to it will be granted on the date scheduled for its holding.       
20. After providing the Webinar Service, respectively after holding the event on the scheduled date, the Client can no longer access, subsequently, the Webinar Service in question.       
21. For the Webinar Services presented on the Website for which the description “in stock” appears, through the actions of placing the order and making the related payment, the Distance Contract is concluded.      

Chapter IV - Methods of payment. Billing. Concluding the Distance Contract

9. Payment      
10. Digital Products and Services may be purchased exclusively by electronic means of payment, respectively by online payment made with a bank card. Find more information on the payment page.        
11. The invoice related to the purchase made can be downloaded from the User's Account.       
12. Commands   
13. In order to purchase the Company's Digital Products and Services, it is necessary to send an order to this effect, from the related section. To do this, after choosing the desired product, you can place the order.        
14. If the data entered in the section dedicated to the order is incorrect, you can rectify it by deleting and entering the correct information, as long as you have not confirmed the placement of the order.       
15. After placing the order and paying for it, you will be redirected to the page with the purchased products, from your Account. You will also receive an e-mail notification of your order.       
16. In the case of orders for Goods, after placing it, you will receive a notification by e-mail about the order placed. After taking over the order from the relevant External Partner, you will receive a new notification regarding the update of the order, following that all other aspects related to this order will be established exclusively with the External Partner concerned.      

Chapter V - Intellectual Property

11. General provisions      
12. All content available on the Website is protected by intellectual property rights. Any copying, recording, downloading, transmission, reproduction and distribution of the content of the Website made under conditions other than those permitted by law and the Company is prohibited.        
13. Digital products    
14. In the case of Digital Products, the rights of use granted to you are specified in the license for each Digital Product. Please refer to the related license for all matters relating to the conditions of use of Digital Products.        
15. eLearning Services and Webinar Services    
16. eLearning Services and Webinar Services are protected by related intellectual property rights. In this regard, you only have the right to access these Services for viewing , without the ability to record, copy, download, transmit, distribute, reproduce, assign or perform any other similar operations with respect to these Services .        
17. In the case of eLearning Services, by purchasing them, you have the right to browse / view, once, their digital content. Subsequently, after browsing / viewing this content, you may, to the extent it is still available on the Website, browse / view the content of the eLearning Service as many times as you wish.       
18. In the case of Webinar Services, by purchasing them, you have the right to browse / view, once, its digital content, on the scheduled date. After supporting the scheduled event, regardless of whether you have browsed / viewed the event or not, you no longer have the right to access its digital content.       

Chapter VI - Right of withdrawal from the contract

14. General provisions   
15. In accordance with the legal provisions, you have a right of withdrawal from the concluded Distance Contract, without the need to justify your decision in any way.        
16. The right of withdrawal may be exercised within a period of 14 days from the time of conclusion of the Contract or from the time of delivery of the products, as the case may be. The moment of concluding the Distance Contract is presented above, at points 6.2, 7.4 and 8.4. If you purchase the Goods presented on the Website from External Partners, in order to find out the moment of concluding the contract between you and them, please contact the seller in question. In principle, this is the moment when the External Partner confirms your placed order and the availability of the Goods. However, in the case of the Goods, relevant for the exercise of the right of withdrawal is the time of delivery of the Goods in question, this being the time from which the term runs.       
17. In order to exercise the right of withdrawal, it is necessary to fill in the form available here and to communicate it to us before the expiration of the 14-day period, exclusively by e-mail, to the address provided for the contact, respectively [email protected].       
18. After the communication of your option, in the sense of exercising the right of withdrawal, the contract will no longer be performed, the obligations provided therein being extinguished.      
19. If you have paid the price of the Digital Products or the Contracted Services, you expressly declare and accept that this price received will be reimbursed to you by bank transfer, in the account indicated in the form provided in point 14.3. The amounts in question will be refunded to you within a maximum of 14 days from the communication of the withdrawal.       
20. Right of withdrawal in the case of Webinar Services    
21. In the case of contracted Webinar Services, the 14-day period in which you can exercise your right of withdrawal begins from the time the contract is concluded.        
22. If the Webinar Services are contracted for less than 14 days from the date of the scheduled provision / supply, by contracting them and accepting these Terms and Conditions, you expressly understand and request that the provision / provision of the Webinar Services be take place within a period of 14 days related to the exercise of the right of withdrawal. In order to eliminate any ambiguities, accepting these Terms and Conditions by which you contract the Webinar Services with less than 14 days from the date of the scheduled provision / supply, also represents your express request that their provision / supply start during the 14-day withdrawal period.       
23. At the same time, you understand and accept that, in the situation presented above in point 15.2, the exercise of the right of withdrawal from the contract, less than 5 days before the provision / provision of the Webinar Services, will involve you to bear some costs incurred of the Company for the provision of Webinar Services. These costs will be calculated in proportion to the price of the contracted Webinar Services, representing 20% ​​of it. Thus, after exercising the right of withdrawal, the Company will reimburse you the price paid from which will be deducted the costs incurred by the Company for the provision of Webinar Services.       
24. Also, in the situation provided in point 15.2, after the full provision of the Webinar Services by the Company, you understand and accept that you will no longer benefit from the right to withdraw from the contract, even if the 14-day period has not expired. at the time of contracting.      
25. Right of withdrawal in the case of eLearning Services and Digital Products    
26. In the case of contracted eLearning Services and Digital Products, the 14-day period in which you can exercise your right of withdrawal begins from the time of conclusion of the contract.        
27. However, in the case of those eLearning Services and Digital Products which are accessed through the User Account and for which access is granted following the payment conducted by you, from the moment of obtaining access you will no longer benefit from the right of withdrawal mentioned, even if the term of 14 days from the moment of contracting has not expired. In order to eliminate any ambiguities, contracting these eLearning Services and Digital Products and making the related payment, is also your express request for the Company to start providing / making available these eLearning Services and Digital Products within 14 days in which you could have exercised your right of withdrawal. In this case, after issuing the request and the prior agreement in question, the Company will proceed to provide / make available the eLearning Services and Digital Products, granting you access to them.       
28. In the situation provided for in point 16.2, you understand and accept that after starting to provide / make available the eLearning Services and the contracted Digital Products, in the form of granting access to them, you will no longer benefit from the right of withdrawal.       
29. Section 4 - Right of withdrawal in the case of Goods    
30. You may exercise your right of withdrawal in the case of the Goods exclusively in relation to the External Partner from which you purchased the Good in question. The Company has no responsibility or obligation in this regard and will not forward to your External Partner your communication made in order to exercise the right of withdrawal.        
31. Thus, the communication regarding the exercise of the right of withdrawal in the case of the Goods will be made exclusively to the External Partner, at its contact coordinates.       
32. For more details on the conditions for exercising the right of withdrawal in the case of Goods, please contact the seller concerned.       

Chapter VII - Disclaimer

18. General provisions    
19. The Company assumes no responsibility for the manner in which you use the Company's Website or Digital Products and Services. The Company does not guarantee any results regarding the use of the Website or its Digital Products and Services.        
20. Also, the Company does not assume any responsibility regarding the non-functionality of the Website due to various technical problems that may arise or the need to perform maintenance. You understand and agree that the Company cannot be held liable if you are unable to access the Website for certain periods of time or the Digital Products or Services of the Company.       
21. You are required to ensure that you meet all legal conditions to use the Website, Digital Products and Services of the Company and that by these activities you do not violate any legal provisions that may be applicable to you or your location. In this sense, the Company has no obligation to inform you about the regulations or laws applicable to your situation, the entire responsibility to know these aspects and to act accordingly belongs to you.       

Chapter VII - Other provisions

19. Complaints procedure    
20. Any complaints you have regarding our Digital Products or Services will be sent, exclusively by electronic means, to the e-mail address provided for the contact, respectively: [email protected].        
21. Complaints regarding the Purchased Goods will be forwarded exclusively to the External Partners who have sold the Goods in question. The Company has no obligation and no liability regarding the relationship between you and the External Partner. In this regard, if you submit a complaint to the Company regarding a Good, the Company has no obligation to proceed with the resolution or transmission of the complaint.       
22. After receiving the complaint, the Company will provide you with a response as soon as possible, preferably no later than 30 days. To the extent that more time is needed to resolve the complaint, the Company will inform you accordingly.       
23. The information provided above or the response to the complaint shall be communicated to the e-mail address from which the complaint was sent.      
24. Subcontracting. Assignment  
25. The company has the right to assign and subcontract, in whole or in part, the rights and obligations set forth in this contract, without the need to obtain future consent from you. In other words, by accepting these Terms and Conditions, you agree and authorize the Company to assign or subcontract, in whole or in part, this contract without the need to inform you in this regard or to obtain future consent.        

Chapter VIII - Final provisions

21. By accepting these Terms and Conditions you agree that the law applicable to the entire contract shall be Romanian law, both in terms of substantive and formal conditions.    
22. The place of conclusion of this contract is considered to be Bucharest, Romania.   
23. The Company reserves the right to amend these Terms and Conditions as it deems necessary. If, after making these changes, you do not agree with the new content, please stop using the Website, Digital Products and Services of the Company.   
24. If a clause of these Terms and Conditions cannot be applied, for any reason, that clause will be replaced by the legal provision relevant to the situation for which the clause was agreed and which is closest to the meaning of the inapplicable clause.  
25. By accepting these Terms and Conditions, you agree that any disputes arising between you and the Company will be settled by the courts of Romania, respectively by the competent courts of Bucharest.   
26. In case of conflicts of interpretation between the different language versions of this document, the Romanian version will have priority.  
27. If you want and are a consumer, you can use an alternative dispute resolution procedure. More information is available here: https://anpc.ro/articol/935/ce-inseamna-saland here: https://europa.eu/youreurope/business/dealing-with-customers/solving-disputes/online -dispute-resolution / index_ro.htm .  
28. Any communications, in order to be valid, will be made exclusively in writing, by electronic means, to the address: [email protected].  
29. In order to facilitate the communication with you in order to obtain certain information, you can also contact us at the telephone number: +40760676802.