Article 1 – Definitions
In these terms and conditions, the following definitions shall apply:
- Day: calendar day;
- Digital Content: data produced and delivered in digital form;
- Contract for an indefinite period of time: a contract for the regular supply of goods, services and/or digital content for a specific period of time;
- Durable data carrier: every tool – including e-mail – that enables the client or entrepreneur to store information that is addressed to him personally, in a way that allows for future consultation or use during a period that is geared to the purpose for which the information is intended, and which allows for the unaltered reproduction of the stored information;
- Customer: the natural or legal person who acts 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 remotely
- 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 to the conclusion of the agreement exclusive or partial use is made 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 concluding an agreement, without the customer and entrepreneur having to meet in the same room at the same time.
- Website: The webshop of the entrepreneur on which products and services are offered that can be purchased by customers.
Article 2 – Identity of the entrepreneur
Learning Connected B.V.
Johan Huizingalaan 400, 1066 JS, Amsterdam
Telephone 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
VAT number: NL852148628B01
Article 3 – Applicability
- These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract that is concluded between the entrepreneur and the customer.
- Should the client, in his order, confirmation or notice of acceptance, include terms or conditions that deviate from, or do not appear in, these general terms and conditions, these are only binding for the entrepreneur if and insofar as they have been explicitly accepted by the entrepreneur in writing.
- 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, before concluding the distance contract, the entrepreneur will indicate in what way the general conditions can be viewed at the entrepreneur’s premises and that, at the customer’s request, they will be sent free of charge as soon as possible.
- 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 may be made available to the customer electronically in such a way that it can easily be stored by the customer on a durable data carrier. If this is not reasonably possible, before the agreement at a distance is concluded, it will be indicated where the general conditions can be consulted electronically and that they will be sent free of charge to the customer, at his request, either electronically or in some other way.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the third and fourth paragraphs apply by analogy and, in the event of conflicting conditions, the customer can always invoke the applicable provision that is most favourable for 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 shall in that case lay down (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 period of validity 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 has been put together with the greatest care. However, the entrepreneur cannot guarantee that all information on the website is at all times correct and complete. All prices, the offer and other information on the website and in other materials originating from the entrepreneur are therefore subject to obvious programming and typing errors.
Article 5 – The agreement
- The agreement is concluded at the time of acceptance by the customer of the offer and the fulfilment of the conditions set.
- If the customer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the customer may 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 transmission of data and will ensure a secure web environment. If the customer can pay electronically, the entrepreneur will take appropriate safety measures.
- If it becomes apparent that incorrect information was supplied by the client when accepting or otherwise entering into the contract, the entrepreneur has the right to only fulfil his obligation after the correct information has been received.
- The entrepreneur may, within the limits of the law, inform the customer about his ability to fulfill his payment obligations, as well as about all those facts and factors which are important for a responsible conclusion of the remote agreement. 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, based on the research, refuses the request or attaches special conditions, will inform the customer as soon as possible but no later than 3 days after the conclusion of the agreement, stating the 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 indicated) and, unless otherwise stated on the website, exclusive of other taxes imposed by the government.
- 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. The offer will state that the prices are linked to fluctuations and the fact that any prices mentioned are recommended prices.
- The entrepreneur has the right to change the agreed prices from two weeks after the conclusion of the contract. 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 listed on the website 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 contract, 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 contract.
- 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 client fails to do so, 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 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 based on the provisions in this article, customer can return the products. In case a refund of already paid amounts will be made, the entrepreneur will refund these amounts within 30 days after receipt of the products.
- It is possible that manufacturers and/or suppliers offer their own guarantees. These guarantees are not offered by the Company. If the Company chooses to do so, it can, however, mediate in the invocation of these guarantees 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 what is stated in paragraph 3 of this article.
- The entrepreneur has the right to involve third parties in the execution of the obligations arising from the contract.
- The delivery period is in principle 30 days, unless on the website or at the conclusion of the agreement, clearly stated otherwise. The choice of carrier is for the entrepreneur.
- Should the entrepreneur not be able to deliver the products within the agreed period, he shall inform the client about this and indicate the expected new delivery period. The client 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 once the purchase price if the late or non-delivery is due to malicious intent or gross negligence on the part of the entrepreneur. The client shall inform the entrepreneur immediately after notification of late or non-delivery whether he still wants to comply with the contract or wants to terminate it.
- If not explicitly agreed otherwise, the risk of the products to be delivered will pass to the client as soon as they have been delivered to the specified delivery address. If the customer decides to collect the products, the risk is transferred when the products are handed over.
- If the customer or the third party designated by the customer is not present at the delivery address at the agreed time of delivery to receive the products, the entrepreneur has the right to take back the products. At additional cost, the entrepreneur will offer the products again to the client at another time and/or on another day, to be determined in consultation with the client. If delivery proves impossible, the payment obligation does 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 client. The client then has the right to dissolve the agreement free of charge.
Article 9 – Duration transactions: duration, cancellation, termination and renewal
- The customer is entitled to a cooling-off period of 14 days 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 after receipt of the cancellation.
- The customer may terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity), digital content or services at any time subject to agreed termination rules and a notice period of two months.
- The customer may contract for a definite period and that extends to the regular delivery of products (including electricity), digital content or services, at any time at the end of the fixed term denounce the applicable termination rules and a notice of two months.
- The customer may terminate the agreements referred to in the previous paragraphs in writing.
- An agreement that has been entered into for a definite period of time and that extends to the regular delivery of products (including electricity), digital content or services, is tacitly extended by the same duration as agreed.
- The aforementioned notice periods apply accordingly to terminations by the entrepreneur.
Article 10 – Payment
- By purchasing the offered products, digital content and/or services (e.g. by clicking or tapping on 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. The entrepreneur is free to choose which payment methods to offer and these may also change from time to time. Unless otherwise agreed, in case of payment after delivery, a payment period of 14 days will apply, starting on the day after delivery.
- If the customer does not meet his payment obligation(s) in time, he will 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 and the Company has the right to charge and recover from the Client any extrajudicial collection costs and any legal costs incurred.
Article 11 – Confidentiality
The entrepreneur, his employees and trainers are bound to secrecy of confidential information they possess for the implementation of the 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 on 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 client owed the Company in the three months preceding the harmful event.
- The liability of the entrepreneur towards the client for indirect damage, including but explicitly not limited to consequential loss, loss of profit, missed savings, loss of data and damage due to business interruption, is excluded.
- The preceding paragraphs do not apply to damage suffered by the client in the resale by the client of the products purchased from the entrepreneur to consumers, as a result of the fact that the latter have exercised one or more of their legal rights against the client due to a shortcoming in these products.
- Insofar as compliance is not already permanently impossible, the Company’s liability to the Customer on account of an attributable breach of contract shall arise only after the Customer has immediately given the Company proper written notice of default, thereby setting a reasonable term within 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 will be able to respond adequately.
- A condition for the existence of any right to compensation is always that the Client 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 case of force majeure, the entrepreneur is not obliged to compensate any damage caused to the client.
Article 14 – Complaints
- The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be fully and clearly described and submitted to the entrepreneur, within 3 days after the customer has found the defects, via the contact form on the website www.learningconnected.com.
- Complaints from the client are treated confidentially by the entrepreneur.
- Complaints submitted to the entrepreneur shall be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time or if a longer period 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 client within 30 days.
- If the customer is not satisfied with the handling of his complaint, he can submit it for mediation to Thuiswinkel via www.thuiswinkel.org.
- The Thuiswinkel ruling is binding on the trader; any consequences will be dealt with swiftly by the trader within 14 days of the ruling.
Article 15 – Disputes
- Contracts between the trader and the customer, to which these general terms and conditions apply, are subject exclusively to Dutch law.
- Should disputes arise as a result of the Contract that cannot be settled amicably, they will be brought before the competent court in the district where the Entrepreneur has its registered office. The Company and the Client may agree to settle their disputes by means of binding advice or arbitration.
Download the general conditions here.