terms & conditions
GENERAL TERMS AND CONDITIONS OF DELIVERY AND PAYMENT of the School For Homeopathic Detox, part of Health in Beweging in Den Hoorn, the Netherlands, hereinafter referred to as “the School”.
Article 1. Applicability of the general terms and conditions
1. These general terms and conditions apply to all our offers and to all agreements entered into by us, by whatever name. With in particular, these terms and conditions apply to agreements entered into by us for the provision of education and consultancy advice to our customers.
2. Where in these general terms and conditions is referred to as “customer”, this should be understood to mean any natural or legal person who, to us has a contractual relationship on the basis of a lesson or consultancy agreement concluded with us, or wishes to enter into another type of agreement with us to go. In particular, “customer” is understood to mean the person on whose behalf and on whose behalf advice or education is provided.
3. The provisions of these general terms and conditions can only and only be deviated from if and insofar as this is expressly agreed between the parties and agreed in writing.
4. If the customer also refers to (his) general terms and conditions, the customer’s conditions do not apply. This is only different if and insofar as the applicability of the customer’s terms and conditions do not conflict with our general terms and conditions, in the event of a conflict, only it is in our conditions apply. Any stipulation to the contrary in the conditions of the customer does not affect the foregoing.
5. Where these general terms and conditions refer to “delivery (of goods)”, this also includes the provision of services, providing education and other activities of any kind.
Article 2. Offers and announcement of educational activities
1. All our consultancy quotes and our published teaching and course programs should be regarded as invitations to the potential customer to make an offer or register for a lesson activity. The courses on offer may vary over time and are therefore in no way binding on us. The registration for a course counts as an offer, which is only deemed to have been accepted by us after written confirmation from us. Course registrations will be confirmed to the customer by the School by email or telephone.
2. The offer made by us remains our property, as well as course and teaching materials made by us in this regard, must be submitted to us at our request. and may not be copied and / or given to third parties without our express written consent. We also reserve any existing rights by virtue of intellectual and industrial property. The foregoing also applies in particular to regarding teaching and course materials provided by external teachers.
3. In the case of consultancy assignments for which costs were incurred before the actual commencement of the work, the costs incurred may be added to the will be charged to the customer.
Article 3. Establishment of the agreement
1. An agreement with us is only concluded when we have accepted an order confirmation or registration for a course or class day given to us by email or in writing. An agreement is deemed to have been concluded when we send the confirmation.
2. The customer or student is bound by his registration or order confirmation, in whatever form given to us, after a period of 14 days after date of registration or order confirmation; or, (if it concerns an oral assignment) after this assignment has been given. Cancellation for a course, class day or seminar must be made at least one week before the start of the relevant course, class day or seminar without costs for the customer. Subsequent cancellations may result in (part of) the course fee being invoiced. The School will pay the tuition fees within 30 days after cancellation to the account of the student.
3. The registration or order confirmation sent by us to the customer is deemed to be the content of the concluded agreement complete and correct display. The buyer is deemed to agree with the content of our order confirmation, unless he is within one week of the date of our order confirmation or confirmation of registration informs us in writing that he cannot agree with the content. In the case of the School applies the published program and course offerings as a reference.
4. Any additional agreements and / or promises made and / or made by the School or persons affiliated with it only bind us if these agreements and / or commitments have been confirmed in writing.
Article 4. Prices
1. Our prices are exclusive of turnover tax and unless explicitly agreed otherwise in writing. Government Recognized Courses, or courses given by the Institute registered with the CRKBO may be exempt from VAT.
2. The prices stated in course programs, seminar announcements, quotations, contracts and order confirmations are based on the prices at the time of realization of the agreement applicable costs, including government levies.
3. We reserve the right, if after the date on which the agreement was concluded, but before the day of the commencement of the course, increases in levies or otherwise occur, to charge these increases to the customer or student. We also reserve the right in the event of changes in levies to increase the price of the course, to declare the agreement dissolved in whole or in part without judicial intervention is required for this.
Article 5. Delivery and delivery terms
1. The customer is obliged to purchase the course, seminar or lesson day for which a registration has been made. Failing this, we are entitled to do without prior notice of default to claim payment of the course, lesson or seminar price, without the obligation to do the course, lesson or seminar activity to offer again.
2. The delivery times as stated in the agreement between the parties apply to the delivery of management advice and educational activities agreed. With regard to courses, seminars or lesson days, it has been determined that delivery will take place on the published course, lesson or seminar days. The School expressly reserves the right, if due to force majeure (e.g. due to the inability of a foreign speaker or due to natural disasters) an educational activity cannot take place, not allowing this activity to take place where the customer is entitled to either a refund of the course or tuition fees paid, or register for the postponed activity, or possibly participate as a substitute for the missed one activity at another educational activity of the School. If, due to a lack of interest from customers, an educational activity of any kind Also, if it cannot take place, the School will notify the customer at least 5 working days before the relevant lesson, seminar or course day that the activity is not can proceed. In this case too, the customer is entitled to either a refund of the course or tuition fees paid, or the customer can register for the deferred activity or possibly for another educational activity of the School.
3. If the order or course is carried out in parts, we reserve the right to make each delivery as a separate transaction consider and settle.
Article 6. Complaints by the customer
1. The customer must take into account adjustments and with regard to the matters indicated in our order confirmation or in our course offer changes that do not materially affect the nature of the assignment or of the course, class day or seminar. This certainly applies to deviations in the actual lesson and course offer. The items delivered by us such as lessons, seminars and courses may therefore deviate from the description in the offer if and insofar as it concerns course content changes and minor changes such as location and the like.
2. Complaints from the customer that relate to defects in goods that are externally visible, or are unambiguously substantiated in terms of content, must be notified to us by the customer within three days of the course, class or seminar. This must be done by registered letter or by e-mail with a clear and accurate description of the complaint.
3. Any right of action of the customer against us relating to defects in the advice, courses, teaching days or seminars provided by us. expires if:
a.the defects have not been notified to us within the periods stipulated in paragraphs 1 and 2 and / or not in the manner indicated there;
b. the customer does not cooperate or cooperates insufficiently with us with regard to an investigation into the validity of the complaints; the customer is not active in the participated in course, lesson or seminar days.
4. In disputes regarding the quality of the courses, teaching days or seminars provided by us, a professional association to be designated by us will be asked to give a judgment.
Article 7. Liability
1. No other advertising options apply as indicated in Article 6 for advice, courses, teaching days and seminars. For advice, courses, training days and seminars are not subject to specific guarantee provisions other than that we are obliged to perform the contractually agreed activities.
2. In the event of a complaint, we are, if the validity of the complaint, concerning the quality, is determined by us and for us also liability as referred to in Article 6 exists, only held to – at our discretion –
a.delivery of replacement goods or courses, teaching days or seminars
b. reimbursement of the received course or tuition fees to the customer, simultaneously terminating without legal intervention of the closed agreement.
3. Except for any obligations of us under the above, we are never obliged to pay any compensation.
to the customer and others, unless there is intent or fault on our part, which by those who hold us liable for by legally valid means must be demonstrated. We are therefore never responsible for damage to the customer or third parties related to our educational activities.
4. The customer is obliged to indemnify us against all claims that third parties may make against us with regard to the implementation of the agreement. apply.
Article 8. Retention of title and security
1. Course and teaching materials supplied by us remain our property until the moment of full payment of all that the customer owes us is due.
2. Without prejudice to the provisions of this article above, the buyer is not permitted to sell or use teaching materials, advice and the like to third parties. without our permission. If, with permission, teaching materials and the like are for the benefit of parties other than the School uses, the customer undertakes to consult with the School in advance and thereby to make sound agreements regarding intellectual property and royalties to the School. The customer is obliged to immediately transfer the obtained monies from property rights and royalties to us, or if has not been sold for cash payment, to immediately transfer the receivables obtained to us.
3. If, as a result of processing or processing by the customer, our property right resting on the teaching materials supplied by us has been lost or otherwise damage has been suffered, the customer is obliged to provide a bank guarantee corresponding to the damage amount with regard to the damage suffered.
Article 9. Payment
1. Payment must be made in Euros, to be paid in cash at the School, or by transfer to a bank or giro account designated by us. This in the first case immediately at the start of the course, lesson or seminar day (s), in the second case by transfer no later than fourteen days before the start of the course, the class day or the seminar, all this unless explicitly agreed otherwise in writing.
2. If the customer does not timely proceed to (full) payment of the amount due under the agreement, he is in default without any further notice of default is required. We then have the right to suspend the fulfillment of all our obligations towards the buyer, without prejudice to all our rights from the common law.
3. If the customer fails to pay, we are entitled to pay cash for all services and educational activities still to be performed. to demand payment before the start of the educational or advisory activity. We are also entitled to terminate the agreement without legal intervention dissolve, whereby the customer is equally obliged to fulfill any financial obligation, without prejudice to our right to compensation. Bee non-compliance with the payment obligation, an interest payment of the statutory interest plus 2%, calculated on the basis of 60 days after the invoice date the unpaid amount. This interest is payable immediately and without further notice of default. All involved in the collection of invoiced amounts costs (including extrajudicial collection costs) are borne by the customer / debtor. The extrajudicial collection costs amount to 15% of the principal with a minimum of fifty euros, all excluding sales tax.
4. In accordance with Article 6:44 of the Dutch Civil Code, payments are first deducted from the costs referred to in paragraph 3, then interest and finally deducted from the principal and accrued interest.
5. If in the financial position of the customer after the conclusion of the agreement, but before the delivery of advice or educational activities a significant deterioration occurs, we are entitled to refrain in whole or in part from further execution of the agreement, or a change of the payment terms.
6. We may transfer our claims arising from all transactions to a credit insurer of our choice.
Article 10. Force majeure
Force majeure should be understood to mean any circumstance beyond our control that is of such a nature that compliance with the agreement cannot reasonably we can be expected (non-attributable shortcomings in the performance). Force majeure also includes: war, riots and hostilities any kind, blockade, boycott, natural disasters, epidemics, lack of raw materials, prevention and interruption of transport options, disruptions in our company, obstacles caused by measures, laws or decisions of international, national and regional (government) agencies. If we due to force majeure not, not properly or not timely fulfill our obligation to deliver, we are entitled to the agreement or the part not yet performed to be regarded as dissolved, or to be suspended for a definite or indefinite period, such at our choice. In case of force majeure, the buyer cannot reach us claim compensation.
Article 11. Applicable law
The quotations made by us and all agreements entered into by us are exclusively governed by Dutch law.
Article 12. Dispute settlement
All disputes of whatever nature related to / arising from agreements entered into by us and education and training provided by us consultancy activities are tried by the competent court in the Netherlands or by arbitration to be agreed between the parties. December 2012; School for Homeopathic Detox, part of Maatschap A.N. Jansen and P.J.M. Jansen-Persoon, The Netherlands. Chamber of Commerce 27371196, VAT no 801819490B01