The General Terms and Conditions

Villa Dei Misteri (VIDEMI) portal’s mission is to improve lives through learning. We consider an educational game model the best way to offer valuable educational content to customers. Rules are needed to keep the website and services safe for users, customers, Videmi Group s.r.o., and Videmi community. These Terms and Conditions apply to all activities on the VIDEMI website and the VIDEMI mobile applications.

Introductory provisions and explanation of the purpose of The general General Terms and Conditions

The General Terms and Conditions (hereinafter referred to as GTC) apply to the purchase of educational online courses, club membership, products and services and offered through an e-shop (hereinafter referred to as "Digital Content" or "Products") via the web interface operated by Videmi Group s.r.o. ID: 06087779, with its registered office at Mánesova 1373/51, Prague 2 - Vinohrady 120 00, entered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 275904. (hereinafter referred to as the “Seller”).
The purchase of Digital Content or Products takes place on the basis of a Sales Agreement concluded between the Seller and the Buyer. The process of entering into a Sales Agreement is described in detail in Article II. GTC.
A contract between the Seller and the Buyer is based on an on-line order submitted by the Buyer. An order form is completed online by the Buyer and sent to the Seller. The contract is finalised once the Seller issues a written order confirmation. The order form (hereinafter referred to as the "Order") is available on the website www.videmishop.com (hereinafter referred to as the "Online Store").
The provisions of the GTC are an integral part of the Sales Agreement. The provisions of the Sales Agreement, which are different from the provisions of the GTC, have priority.

I. DEFINITIONS

Buyer. The Buyer is the one who enters into a Sales Agreement with the Seller via the web interface www.videmishop.com, and thus buys Digital Content or Products. The Buyer can be an entrepreneur (self-employed individual, or legal entity, or a joint stock company) or a Consumer.
Consumer. Under the law, the Consumer is an individual end user of the purchased product. The Consumer does not act in a commercial or independent professional capacity. If you are an individual and you state a company’s ID number in your order, we will assume that you are entering into the Sales Agreement as an entrepreneur and not as a consumer.
Sales Agreement. It is an Agreement in which the Consumer acts as the Buyer. If the Buyer is not a consumer, the provisions of the GTC which serve exclusively for consumer protection, do not apply.
Distance Contract. It is a Sales Agreement concluded via a web interface or e-mail communication, by telephone or using similar means of communication. The customer is responsible for telecommunications costs (i.e. Internet connection or telephone call costs), based on the rates charged by a local telephone operator or Internet provider. By sending the Order to the Seller, the Buyer consents to using telecommunications.
Applicable Law. Valid laws and regulations of the Czech Republic that govern the relationship between the Buyer and the Seller apply. In particular, Act No. 89/2012 Sb., the Civil Code (hereinafter also referred to as "Code") and in cases where the Buyer is a consumer, it is also Act No. 634/1992 Sb. on Consumer Protection.

II. ORDER AND CONCLUSION OF THE SALES AGREEMENT

Digital Product Description. Digital products offered through the Videmi e-shop are online educational courses. The e-shop provides a detailed description of each digital product offered, whom it is intended for, technical requirements to be met by the Buyer's equipment, and a digital product price. There is also a detailed description of optional bonuses offered for each product.
Ordering Products. To order products via the e-shop, the Buyer uses an on-line order form, where the Buyer marks the selected digital products; provides own name, surname, or company name; home or business address; email address; telephone number; ID / VAT number if enterpreneur, and selects a payment method. Prior to submitting an order, there is an opportunity to check and edit the data entered on the order form. The order is sent by clicking on the "Complete Order" button. The Buyer will receive an order confirmation by e-mail sent to the e-mail address provided on the order form. An order confirmation is sent automatically. Until the order confirmation is received, the order can be canceled by the Buyer by sending an e-mail message to the e-shop. Once the order confirmation is received by the Buyer, the Sales Agreement is concluded. In case of doubts about the authenticity of the order, the Seller has the right to contact the Buyer for verification. If the authenticity of the order cannot be verified, the order is voided.
The Sales Agreement is concluded in the English language. The Sales Agreement is concluded in electronic form, it consists of an order, order confirmation and the Agreement. Sales agreements are archived in electronic form and not available to the public.

III. PRICE AND PAYMENT METHODS

Digital Product Price

Current price for each digital product is clearly listed in the e-shop catalogue. The price stated in the e-shop is the current valid price. The price is valid as long as it is stated in the e-shop. If a discount is offered, it is indicated on what conditions and for what duration the discounted price is in effect. There are no deliveray charges for digital products. The price shown in the order is the final price.
The Seller is obligated to deliver the purchased digital products to the Buyer only upon the full payment of the indicated purchase price.

Payment Methods

The purchase price can be paid by:

- Online bank transfer (digital account-to-account payment). Payment delivered in minutes.

- Bank transfer (via bank payment order) to the Seller's bank account (payment delivered in 1-2 business days). The Buyer will receive an invoice with payment instructions, in an email order confirmation. When making a payment, make sure to indicate the invoice number, so that the payment can be quickly identified and digital product promptly delivered.

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An invoice is payable within seven days of the order confirmation. The due date is stated in the invoice payment instructions. The purchase price is paid when the relevant amount is credited to the Seller’s bank account. Once the payment is credited, the Seller sends the Buyer a payment confirmation, which the Buyer will receive: immediately after the payment is credited, if the payment was made online; in other cases - within three working days from the moment the payment is credited. All online payments are processed by Pays, a.s. through their payment gateway, which provides secure technology for processing debit or credit card payments and online bank transfers.

IV. TERMS OF DELIVERY

1. Delivery Method

After the Buyer purchases a digital product, i.e. online educational course, and payment is credited to the Seller's account, the Buyer’s account is created on the Portal. Instructions for registration and access to the paid online course will be sent to the Buyer 's e-mail address provided on the order form (the rights and obligations of using the Portal are specified in Article VIII. of the GTC).

To ensure effective delivery of educational content, each online educational course consists of several educational games arranged in progressive order, so that each next game is provided to the Buyer only upon completion of the previous ones.

When purchasing a membership in a paid club (Videmi Network), the Buyer will be sent instructions and a link to register on the network.

2. Delivery Time

An online course will be delivered to the Buyer immediately after a successfully matched payment, but no later than within three days, unless otherwise stated. In case of a product pre-sale, the Seller has the right to create access data for the Buyer no later than two days before the product release or on a pre-announced date.

The Buyer has the right to use the purchased products for a period of one year from the payment date, unless otherwise specified for the product.

V. DIGITAL PRODUCT FUNCTIONING

For an online educational course to work properly, the User must have access to hardware and software that meet the technical requirements indicated on the web interface of www.videmishop.com.
Online courses and Videmi Club paid membership sevices are played using a web browser that supports audio playback. The software must include the usual audio codecs. To play content online, you need an Internet connection with sufficient speed. It is also necessary for the User's hardware to allow audio output.
The Seller is not responsible for the unavailability of the content in the event of a disruption or slow speed of the User's Internet connection.
In the event of a server failure, the Buyer is not entitled to financial compensation or a refund of the price paid for the product. The Seller has an obligation to make tnecessary efforts to eliminate technical problems with the server.

VI. LIABILITY

Portal products are created by knowledgeable and experienced experts, and their sole purpose is to serve as a source of information, guidance and recommendations. It is up to each user to decide on how to apply the knowledge acquired. Thus, the Seller cannot be held responsible for the specific results that the User might obtain by putting into practice the knowledge acquired.
By providing the products, the Seller is not responsible for the Buyer's commercial activities, nor for losses caused by the User's activities after completing online courses.
The portal's online games are designed taking into account the User's safety when performing tasks that involve the User moving in public places, on the streets or in nature. The Seller is not responsible for any damages to the User’s own and/or other person’s health and/or property caused by the User’s dangerous behavior when performing gaming tasks.
The portal’s online games are intended for adults (18+) or minor users over 15 years of age with the consent of their legal representative (parent, guardian). Consent is considered granted if the course is paid for by the legal representative of the minor User. The Seller is not responsible for the actions and safety of minors when they become the portal’s Users.

VII. RIGHTS AND OBLIGATIONS OF THE SELLER

After paying for the product, the Seller is obligated to provide the Buyer with access to the paid online course.
The Seller has the right to prematurely terminate the User's access to an online course without compensation and to block or cancel User’s account, provided that the User grossly violated Articles IX and X of the GTC.
The Seller may inform the Buyer about additional products, club membership services, or promotions by sending advertising messages to the Buyer's e‐mail address. The Seller is obligated to stop sending any advertising messages to the Buyer if the Buyer requests it by an e‐mail message.

VIII. RIGHTS AND OBLIGATIONS OF THE USER

The Buyer is obligated to pay the purchase price for an online course or club membership services stated on the Videmi e-shop website, using the payment system set up on the website (by a debit or credit card, or online bank transfer).
The Buyer has the right to use the ordered products and services for a period of one year from a payment date, unless otherwise specified for a specific product and if a product is not a live event.
Before paying for products or services, the Buyer is obligated to verify whether he/she has suitable hardware and software that meets technical requirements listed on www.videmishop.com web interface for each online course. The Seller is entitled to reject a later complaint by the User for that reason.
The Buyer undertakes to comply with the rules set out in Articles IX and X of the GTC.

IX. COPYRIGHT PROTECTION

Access to online courses or to the Videmi portal is intended solely for personal needs of the User. Access to the User’s account is protected by a username and password. The User is obligated to maintain the confidentiality of the information necessary to access his/her account, online products or website. The Seller is not responsible for the misuse of the username and password by third parties.
The copyright for products that the Seller sells through the web interface (online educational games), including their content, design and educational materials, as well as all other content posted on the Portal, belongs to the Seller and is subject to legal protection. Any distribution or provision to third parties without the consent of the Videmi Group is prohibited. Permission to exercise the right to use a copyrighted work may be granted to the Buyer only on the basis of a license agreement. The Buyer is liable to the Seller for damages resulting from copyright infringement.
The Buyer agrees not to download videos from online courses to a hard drive or any other medium designed to store digital data. While taking an online course, the Buyer undertakes not to make any audio or video recordings off the computer screen. All these and other actions of a similar nature are considered a violation of copyright and the GTC.
The Videmi web interface allows users to create and upload their own content (questing, creative products) to the Videmi portal or to the Videmi Network. The copyright for such content is always owned by the User who created and uploaded the content. By signing the GTC, the Buyer undertakes not to violate the rights of other users, including their intellectual property rights. Any distribution of materials produced by other users or their provision to third parties without the consent of the author is prohibited.
The Buyer provides the Seller with a free license to use his/her copyrighted content created during an online course. The license is not limited in any way, including territorially, and is valid for as long as established by the governing law on intellectual property of the Czech Republic. Based on the license granted, the Seller has the right to use a part or all the works such content and/or a copy of the content in whole or in part at its own discretion, combine it with other content, publish it, or otherwise use it in its information and marketing materials designed to promote Videmi educational courses and games.
The Buyer undertakes to protect his/her access data (username and password) used to authenticate to the portal and access the online course. The User must not allow third parties to log in the portal using his/her access data. In case the User allows such access to a third party, he/she is fully responsible for any damages resulting from the third party’s actions.
In case the Buyer violates the obligations under the articles of the GTC, the Seller has the right to block or cancel the Buyer's account and access to purchased online courses.

X. VIDEMI WEB INTERFACE USE RULES

All products and services of the Videmi group are intended for educational and information purposes. Products and services are intended for adults (18+) and users over 15 years of age with the consent of their legal representatives. We expect customers to use the Portal and Videmi Network to learn, engage in fun and creative activities, communicate with like-minded people, and share their own creative content. However, an individual user’s behavior must never endanger peace of mind, safety and security of other users or the integrity of the community. Thus, by submitting an on-line order, the Buyer confirms his agreement to uphold the following Videmi web interface use rules:

1. The User must be at least 15 years to create an account (or - in accordance with the laws of the User's country of residence). Creating an account with false age information is a violation of the use terms.
If you are a parent or legal guardian of a minor who has illegally created an account with Videmi, please contact us at info@videmishop.com.
The User undertakes not to engage in (and not to mediate or encourage other users to do so) any illegal, misleading, discriminatory or fraudulent activity, including activities that violate or affect the rights of other users, including their intellectual property rights.
The Buyer undertakes not to publish on the Portal and Videmi Network materials that depict or describe scenes of violence, incite violence, communicate threats containing an intent to commit violence, threats that can result in death (or other forms of serious harm) and are directed at certain individuals; content requesting or offering to provide the services of killers or hired killers; calls to action, statements of intent, confessions or support for the intention to kidnap a specific person; messages containing an offer or request for the purchase or sale of weapons, instructions for the manufacture or use of weapons.
The Buyer undertakes not to publish on the Portal and Videmi Network materials that encourage suicide or self-harm or contain instructions for committing suicide or self-harm; photo or video of a death of a person who committed suicide or attempted suicide.
The Buyer agrees not to publish on the Portal and Videmi Network content that contains threats of child abuse, content that demonstrates, approves or encourages sexual abuse of children, content that contains a statement of intent to commit violence or take part in child abuse, or contains links to external sources depicting any kind of child abuse.
It is forbidden to publish on the Portal articles containing images of sexual abuse of children, images of naked children, sexualized images of children, sexual intercourse with children. The Buyer should be aware that the exchange of content that may harm minors by extorting money or coercing them to provide sexual services under the threat of publishing intimate photos or information, or private sexual conversations (correspondence) is prohibited.
The Buyer undertakes not to publish on the Portal and Videmi Network content that depicts, distributes or promotes sexual violence, sexual assault or sexual exploitation, as well as content that contains related threats against other persons. It is also prohibited to publish offers or requests to provide pornographic images, intimate photos, or threats to publish them.
The Buyer undertakes not to publish on the Portal and Videmi Network content that contains threats to other users or degrades their dignity.
The Buyer undertakes not to publish on the Portal and Videmi Network hostile statements about other users on the following topics: race, ethnicity, nationality, disability, religious beliefs, castes, sexual orientation, gender, gender identity, serious illnesses, and in some cases - age.
The Buyer undertakes not to publish materials and links that can be defined as spam, and has no right to offer, sell, buy or exchange goods or services with other users of the Portal and Videmi Network.
The Buyer acknowledges that Videmi is an educational Portal, therefore any political statements on the Videmi Portal and Videmi Network are not welcome.
The Buyer undertakes not to upload viruses or malicious software to the Portal, and not to do anything that may block, overload or disrupt the proper functioning or appearance of the Portal and Videmi products.
The Buyer acknowledges that gaining access to an account, profile or data of another user of the Portal by deception or without the explicit permission of the account or profile owner is prohibited.

XI. WITHDRAWAL FROM THE SALES AGREEMENT

If the Buyer is a consumer (an individual), he/she has the right, in accordance with the provisions of § 1829 of the Civil Code of the Czech Republic, to withdraw from the Sales Agreement, within fourteen days from the product delivery/ receipt without giving reasons. No penalties apply. The consumer cannot exercise this right by claiming the inferioirity of the product.
If the Buyer decides to terminate the Sales Agreement during this period, she/he must comply with the following conditions:
1. No later than 14 days from the date of delivery/ receipt of the product, the Buyer must submit a statement of intent to terminate the contract to the Seller.
2. Cancellation of the Sales Agreement for a full refund of the purchase price is possible only if the Buyer started using the product (logged into the first game from the purchased online course) no more than two hours prior to submitting a statement of intent to cancel the Sales Agreement.
3. The Buyer must submit a statement of intent to terminate the Sales Agreement by e-mail to the Seller: info@videmishop.com, along with own postal address, name, date of purchase of the goods and a bank account info to which the Buyer wishes to receive a refund. If the Buyer's account is blocked or canceled by the Seller (see Article VII.2), the Buyer loses the right to a refund.
If the Buyer terminates the Sales Agreement following a first-time purchase of a Videmi online course, the Seller will deactivate the Buyer's access to all online courses and to the Videmi Network. If the Buyer has previously purchased a Videmi online course, completed it, or is in the process of completing another Videmi course, the Buyer's access to the Videmi Network is retained.
The Seller has the right to withdraw from the Sales Agreement if he/she finds that the Buyer has seriously breached the Agreement. A serious violation is a violation of paragraphs VIII.1, IX and X of the GTC. In this case, the the Buyer’s existing account will be canceled, and access to online products will be blocked.

XII. COMPLAINT

The rights and obligations of the contracting parties regarding the Seller's liability for the quality of the products sold are governed by the relevant provisions of the Czech Republic Civil Code (especially the provisions of § 1914–1925, § 2099–2117 and § 2161–2174).
The Seller is responsible to the Buyer for the proper quality of the products. If, upon receipt, the products are not of the quality stated in the Sales Agreement, the Buyer has the right to require that the Seller brings the products in accordance with the description contained in the Sales Agreement, free of charge and without undue delay.
The Buyer may require the Seller to fix the detected defects of the products, but only within the established product use time (see clause VIII.2).
To submit a complaint, the Buyer may use the Seller's email address:info@videmishop.com. The claim must include proof of payment for the product and a description of the defect found. The Buyer will be informed about the method of eliminating the defect by e-mail.
The Buyer may request a product defect to be fixed free of charge. If the defect cannot be fixed without undue delay, the Buyer may require the delivery of a new product free of defects. If the product can not be fixed or replaced, the Buyer will be refunded the purchase price in full upon termination of the Sales Agreement.
The claim must be settled no later than 30 days from the date of filing the claim, unless the Seller agrees with the Buyer on a longer period.
The Seller is not obligated to satisfy the Buyer's claim if proving that the Buyer knew about the defect in the goods before receiving them or the defect resulted from the Buyer’s misuse. The Seller is not responsible for defects caused by a failure to follow the operating instructions. In addition, the Seller is not responsible for defects that the Buyer may experience due to a slow Internet connection, failure to install required updates to an Internet browser, or install required software to run an online product.
In case of minor technical issues, problems with logging in to the User account, failure to reset a password or other issues that prevent the use of the product, the Buyer should contact Videmi customer support via e-mail info@videmishop.com. Requests are normally resolved within one working day, but no later than 30 days from receipt of the request.

XIII. SETTLEMENT OF COMPLAINTS, RESOLUTION OF CONSUMER DISPUTES

If you have a complaint about the concluded Sales Agreement, its performance or Videmi Group’ s actions, please contact Videmi Group at the legal address provided in Article II. GTC or at the e-mail address info@videmi.eu.
All legal disputes arising from the Sales Agreement are resolved in civil proceedings in the courts of the Czech Republic.
In the event of a consumer dispute between the Seller and the Consumer, the Consumer is entitled to an out-of-court settlement. The Czech Trade Inspectorate is granted an authority to conduct an out-of-court settlements in accordance with Act No. 634/1992 Sb. on Consumer Protection. Detailed information on out-of-court settlements is available on the Czech Trade Inspectorate website: www.coi.cz. The consumer can also use an online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.
Any relations arising from the use of the Videmi web interface, as well as legal relations established by the Sales Agreement, are governed by the laws of the Czech Republic.
We declare that we are not bound by any codes of conduct (§ 1826 of the Civil Code ČR).

XIV. PROTECTION OF PERSONAL DATA

In accordance with Act No. 101/2000 of Czech Republic, On the Protection of Personal Data, and in accordance with 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 (General Data Protection Regulation) , the Buyer takes note that the Seller's database stores the data entered by the Buyer when ordering products or services. The Seller has the right to process such data in accordance with the legal regulations in force in the Czech Republic for a period of 10 years from the date of consent.
Personal data provided by the Buyer is processed by the Seller for the purposes of user registration, execution of the Sales Agreement, and information and marketing purposes, including sending the Buyer updates on new products and services, promotions and events held by the Seller, in pursuance of the legitimate interests of the Seller while fulfilling legal obligations. The Seller has the right to hire the third party to perfom these activities. The Buyer, in accordance with the laws on the protection of personal data, is informed that the provision of such data is voluntary and that he/she can withdraw his/her consent at any time in writing and without penalties. The Buyer has the right to request and receive information about the use of or access to his/ her personal data, the right to edit or delete personal data, and so on. For the full text of Privacy Policy follow the link: Principles of Personal Data Processing

XV. FINAL PROVISIONS

These GTC are displayed on the Operator's website www.videmishop.com.
The Sales Agreement and GTC are archived by Videmi Group s.r.o. in electronic form and are not publicly available.
If individual provisions of these GTC are or will become invalid, the other provisions remain in force. Updated provisions corresponding to the purpose and content of the GTC will be made available.
The Seller publishes the current version of the GTC on the website www.videmishop.com.
These GTC are valid and entered into force from 1.01.2023 and supersede all previous versions.