Article 1 - Definitions
In these terms and conditions, the following terms shall have the following meanings:
- Day: calendar day;
- Digital content: data produced and delivered in digital form;
- Door-to-door contract: a contract that extends to the regular delivery of goods, services and/or digital content for a certain period of time;
- Durable data carrier: any tool - including e-mail - that enables the customer or entrepreneur to store information that is addressed to him personally, in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and that allows for the unaltered reproduction of the stored information;
- Customer: the natural or legal person acting in the exercise of his profession or business;
- Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to customers from a distance;
- Distance contract: an agreement that is concluded between the entrepreneur and the customer in the context of an organized system for distance selling of products, digital content and / or services, whereby until the conclusion of the agreement exclusive or co-use of one or more means of distance communication;
- Written: In these general terms and conditions, "written" also includes communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail is sufficiently established.
- Technique for distance communication: means that can be used for the conclusion of an agreement, without the customer and entrepreneur having to meet simultaneously in the same room.
- Website: Entrepreneur's web shop on which products and services are offered for purchase by customers.
Article 2 - Identity of the entrepreneur
Learning Connected B.V.
Johan Huizingalaan 400, 1066 JS, Amsterdam
Phone number: +31 (0)20 244 15 62 (available Monday to Friday between 09:00 and 17:00)
E-mail address: firstname.lastname@example.org
Chamber of Commerce number: KvK- 56485816
Article 3 - Applicability
- These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the customer.
- Should the Client, in its order, confirmation or notification of acceptance, include terms or conditions that deviate from, or do not appear in, the General Terms and Conditions, these will only be binding on the Company if and insofar as they have been explicitly accepted in writing by the Company.
- Before the remote agreement is concluded, the text of these general conditions will be made available to the customer. If this is not reasonably possible, the entrepreneur will indicate, before the remote agreement is concluded, in what way the general conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the customer's request.
- If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions will be made available to the client electronically, in such a way that it can be easily stored by the client on a durable data carrier. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated where the general conditions can be viewed electronically and that, at the request of the customer, they will be sent electronically or otherwise free of charge.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the third and fourth paragraphs shall apply mutatis mutandis and, in the event of conflicting conditions, the customer may always invoke the applicable provision that is most favorable to him.
- If any provision in these general terms and conditions proves to be invalid, this shall not affect the validity of the general terms and conditions as a whole. The parties will in that case adopt (a) new provision(s) by way of replacement, which will give shape to the intention of the original provision to the greatest extent possible under the law.
Article 4 - The offer
- If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the customer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true reflection of the products, services and / or digital content offered.
- The content of the website and the offer is composed with the greatest care. However, the entrepreneur cannot guarantee that all information on the website is correct and complete at all times. All prices, the offer and other information on the website and in other materials originating from Entrepreneur are subject to obvious programming and typing errors.
Article 5 - The agreement
- The agreement is concluded at the time of the customer's acceptance of the offer and the fulfilment of the conditions set therein.
- If the customer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the customer can dissolve the agreement.
- If an offer is accepted by the customer, the entrepreneur has the right to withdraw the offer within 3 working days after receipt of the acceptance. The entrepreneur shall inform the customer of such a withdrawal without delay.
- If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the customer can pay electronically, the entrepreneur will take appropriate security measures.
- If it becomes apparent that incorrect information has been provided by the Customer when accepting or otherwise entering into the Contract, the Entrepreneur has the right to fulfill its obligation only after the correct information has been received.
- The entrepreneur may, within the limits of the law - to inform the customer of his payment obligations, as well as of all those facts and factors relevant to a sound conclusion of the distance contract. If the entrepreneur, on the basis of this research has good reason not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation. The entrepreneur who, on the basis of the research, refuses the request or attaches special conditions to it, will inform the customer as soon as possible but no later than 3 days after the conclusion of the agreement, giving reasons.
Article 6 - The price
- All prices stated on the website and in other materials originating from the Entrepreneur are exclusive of VAT (unless otherwise stated) and, unless otherwise stated on the website or quotation, exclusive of other government levies.
- Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned with the offer.
- Trader has the right to change the agreed prices as from two weeks after the conclusion of the agreement. The customer who does not agree with the change has the right to terminate the agreement without being charged any costs by Entrepreneur.
- Any additional costs, such as delivery and payment costs, will be stated on the website or in the offer and in any case shown in the ordering process.
Article 7 - Fulfilment of agreement and additional guarantee
- Entrepreneur guarantees that the products, services and digital content meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement.
- If the delivered product, service or digital content does not comply with the contract (is delivered faulty or defective), the customer must inform the entrepreneur of this within 3 working days after he could reasonably have discovered this. If the customer does not do this, he can no longer claim any form of repair, replacement, compensation and/or refund with regard to this defect.
- If the Entrepreneur considers a complaint justified, the relevant products, services or digital content will be repaired, replaced or (partially) compensated, after consultation with the Customer. The Entrepreneur may refer the Customer to a manufacturer or supplier.
- If Customer returns on the basis of the provisions of this article, Customer may return the Products. If a refund is made of amounts already paid in advance, the Company will refund these amounts within 30 days of receipt of the products.
- Manufacturers and/or suppliers may offer their own warranties. These guarantees are not offered by the Company. If the Entrepreneur chooses to do so, it can, however, mediate a claim for these warranties by the Customer.
Article 8 - Delivery and execution
- Once the order has been received by the Entrepreneur, the Entrepreneur will send the products as soon as possible, subject to the provisions in paragraph 3 of this article, or the Customer will be given access to the digital products as soon as possible.
- Entrepreneur shall be entitled to engage third parties in the performance of its obligations under the Agreement.
- The delivery period is in principle 30 days, unless on the website or at the conclusion of the contract, clearly stated otherwise. The choice of carrier is for the entrepreneur.
- If the entrepreneur is unable to deliver the products or services within the agreed period, he shall inform the client about this and indicate the expected new delivery period. The customer then has the right to terminate the contract and also the right to compensation of his damage as a result of the late or non-delivery up to a maximum of one time the purchase price if the late or non-delivery is due to intent or gross negligence of the entrepreneur. The client will inform the entrepreneur immediately after notification of late or non-delivery whether he still wants to fulfill the contract or wants to terminate it.
- If not expressly agreed otherwise, the risk of the products to be delivered shall pass to the customer as soon as they are delivered to the specified delivery address. If the customer decides to collect the products, the risk shall pass upon transfer of the products.
- If the Customer or a third party designated by the Customer is not present at the delivery address at the agreed time for delivery, the Entrepreneur has the right to take back the Products. At additional costs, the entrepreneur will offer the products again to the customer at another time and/or on another day, to be determined in consultation with the customer. If delivery proves impossible, the payment obligation will not lapse and any additional costs, including for taking back the products, will be charged to the customer.
- If the product ordered is no longer available, the entrepreneur will make an effort to offer a similar product of similar quality to the customer. The customer is then entitled to dissolve the contract free of charge.
Article 9 - Duration transactions: duration, cancellation, termination and renewal and facilities
- The customer is entitled to a 14-day cooling-off period after purchasing the offered products, digital content and/or services and may cancel the purchase within that period.
- If necessary, the entrepreneur will refund the amounts of the purchase including VAT to the customer within 30 days of receiving the cancellation.
- In the case of purchased training courses offered by means of an offer, the following cancellation conditions apply (unless explicitly agreed otherwise in writing):
- No fee will be charged for cancellation more than 20 business days prior to the start of the training.
- Cancellations made between 20 and 10 business days prior to the start of the training will require 50% to pay the agreed upon fee.
- For cancellations between 9 working days and the start of the training, 100% of the agreed fee will be due.
- Participants can be added up to 2 days before the start of the training. The maximum number of participants per training group may not be exceeded. If a participant can no longer participate in the training before the start of the training, the customer may replace this participant with a new participant. This is not possible if a participant stops during the training.
- The customer may terminate an agreement entered into for an indefinite period of time and which provides for the regular delivery of products, digital content or services at any time subject to the agreed termination rules and a notice period of two months or the arrangements agreed in a separate agreement.
- The customer may terminate a fixed-term contract that was concluded for the regular delivery of products, digital content or services at any time at the end of the fixed term subject to the agreed termination rules and a notice period of two months or the arrangements agreed in a separate agreement.
- The customer may terminate the agreements mentioned in the previous paragraphs in writing.
- A contract for a definite period, which extends to the regular delivery of products (including electricity), digital content or services, is tacitly renewed with the same duration as agreed.
- The aforementioned notice periods apply accordingly for terminations by the Company.
- All sessions take place live online. Therefore, it is essential that participants have access to a laptop with a microphone, a webcam and an internet connection.
- Training can be delivered through Learning Connected's tools or the organization's tools.
Article 10 - Payment
- By purchasing the offered products, digital content and/or services (e.g. by clicking or tapping the relevant purchase button), the customer confirms that he wants the purchase to be charged directly to his bank account.
- Customer shall make payments to entrepreneur according to the payment methods indicated in the order procedure and possibly on the website. Entrepreneur is free in its choice of offering payment methods and these may also change from time to time. Unless otherwise agreed, in case of payment after purchase, a payment period of 14 days, commencing on the day after purchase, will apply.
- If the client fails to meet his payment obligation(s) on time, he shall be immediately in default by operation of law, without any notice of default being required. The Company has the right to increase the amount due by adding the statutory interest rate and the Company has the right to charge and recover from the Client any extrajudicial collection costs and any legal costs incurred.
- In the case of purchased training courses offered by means of an offer, the following payment conditions apply (unless explicitly agreed otherwise in writing):
- The invoice will be sent at the start of the assignment. When content is developed, costs are invoiced at the start of the assignment.
- The payment period is 14 days.
Article 11 - Secrecy
The entrepreneur, his employees and trainers are bound to secrecy of confidential information they possess for the implementation of the offered products, digital content and / or services. Unless confidentiality would be contrary to any law, regulation or other professional obligation.
Article 12 - Intellectual property
The copyrights, copyright and all other intellectual property rights in respect of the LOL Method and the products, digital content, course material and/or services offered belong exclusively to the entrepreneur or its suppliers and/or partners. Nothing in these General Terms and Conditions or any other agreements purports to transfer such rights in whole or in part. The client acknowledges these rights and will refrain from any form of (in)direct infringement of these rights.
Article 13 - Liability
- Except in the case of intent or gross negligence, the total liability of the Company to the Customer on account of an attributable breach of contract is limited to a maximum payment of the price stipulated in the Contract (including VAT). In the event of a continuing performance contract, the aforementioned liability is limited to a reimbursement of the amount that the Customer owed the Company in the three months preceding the harmful event.
- The Entrepreneur is not liable to the Customer for indirect damages, including - but explicitly not limited to - consequential damages, lost profits, lost savings, loss of data and damages due to business interruption.
- The preceding paragraphs do not apply to damage suffered by the customer in the resale by the customer of the products purchased from the entrepreneur to consumers, as a result of the fact that the latter has exercised against the customer one or more of its legal rights in respect of a shortcoming in those products.
- Insofar as compliance is not already permanently impossible, the Company's liability to the Customer for an attributable breach of contract shall arise only after the Customer has immediately given the Company proper written notice of default, setting a reasonable period in which to remedy the breach, and the Company continues to fail to comply with its obligations even after this period has expired. The notice of default must contain as detailed as possible a description of the breach, so that the Company is in a position to respond adequately.
- A condition for the existence of any right to compensation is always that the Customer reports the damage in writing to the Company as soon as possible, but within 14 days at the latest, after the damage has occurred.
- In the event of force majeure, the entrepreneur is not obliged to compensate for any damage caused to the customer as a result.
Article 14 - Complaints procedure
- Entrepreneur shall have a sufficiently publicized complaint procedure and shall handle the complaint in accordance with such complaint procedure.
- Complaints about the execution of the agreement must be submitted within 3 days after the customer has found the defects, fully and clearly described to the entrepreneur, via the contact form on the website learningconnected.com
- Customer complaints are treated confidentially by the entrepreneur.
- Complaints submitted to the Entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time or if longer time is needed to investigate, the entrepreneur will respond within the period of 14 days with a notice of receipt and a more detailed answer will be given to the customer within 30 days thereafter.
- If the customer is not satisfied with the handling of his complaint, he can submit it for mediation to Thuiswinkel via thuiswinkel.org.
- The Thuiswinkel judgment is binding on the trader; any consequences will be dealt with swiftly by the trader within 14 days of the judgment.
Article 15 - Disputes
- Contracts between the entrepreneur and the client to which these general conditions relate are governed exclusively by Dutch law.
- Should any disputes arise in connection with the Contract that cannot be settled amicably, they will be submitted to the competent court in the district where the Company has its registered office. The Company and the Customer may agree to settle their disputes by means of binding advice or arbitration.