Article 1 – Definitions
In these terms and conditions the following definitions apply:
- Entrepreneur: the natural or legal person that offers products and/or services to consumers at a distance;
- Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
- Distance agreement: an agreement whereby, within the framework of a system organized by the entrepreneur, for the distance sale of products and/or services, up to and including the conclusion of the agreement exclusively uses one or more techniques for distance communication;
- Technique for distance communication: means that can be used to conclude an agreement, without consumer and entrepreneur have come together in the same room at the same time;
- Thinking time: the period when within the consumer can make use of his right of withdrawal;
- Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
- Day: calendar day;
- Duration transaction: a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation is spread over time;
- Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows for future consultation and unaltered reproduction of the stored information.
- Ownership: All matters relating to the e-learning lessons provided by Australian Treasures on the website, including videos, lesson designs , projects, films, software, (electronic) files, etc., remain the property of Austral ian Treasures.
- User rights image, audio and material: It is not allowed to use video lessons, lessons, workbooks, images, images or the content information that the customer provides for the e -learning lessons are offered for commercial use, editing or otherwise using or publishing, unless Australian Treasures has given prior written permission. Violation of this will in all cases have legal consequences. It is allowed to take pictures of images and publish them via personal social media (without commercial purposes).
- e-learning programme: The e-learning lessons are listed on our website describes what a customer can expect from the lessons and what the costs are.
Article 2 – Identity of the entrepreneur
- Organisatiebureau de Lang Karos 81 - 1625 HT HoornTelephone number: +31 (0)229 757 766E-mail address: info@ australiantreasures.com Chamber of Commerce number: 61874108VAT identification number: NL191954408B02
Article 3 - Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
- To every agreement between entrepreneur and consumer Dutch law applies.
Article 4 - The offer
- If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- Australian Treasures reserves the right to make changes to the product, the teaching material or the teaching material in the event of advancing insight.
Article 5 - The Agreement
- The agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
- If the consumer accepts the offer electronically, has accepted, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the consumer can terminate the agreement.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure that he for a secure web environment. If the consumercan pay electronically, the entrepreneur will observe appropriate security measures
that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.- The entrepreneur will product or service to the consumer, send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;c. the information about existing after-sales service and guarantees;d. the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur already has this information has provided to the consumer before the performance of the agreement;e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of an indefinite duration.
- If the entrepreneur has committed himself to delivering a series of products or services, the provision in the previous paragraph only applies to the first delivery.
Article 6a - Right of withdrawal upon delivery of products
- When purchasing products, the consumer has the option of dissolving the agreement without giving reasons during fourteen working days. This period starts on the day after receipt of the product by or on behalf of the consumer.
- During this period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
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Article 6b - Right of withdrawal digital content and services
- The legal rules for online purchases of digital content on a non-material medium apply. This means that the consumer does not have a reflection period/right of withdrawal because the digital service or product (in this case, the online course or training) is delivered via the internet immediately after ordering (it can be started immediately), to which the consumer has agreed. By doing so, the consumer waives her/his reflection time/right of withdrawal. By agreeing to the general terms and conditions, the consumer waives her/his right of withdrawal.
Article 7 - Costs in case of withdrawal
- If the consumer makes use of his right of withdrawal, the costs of return will be borne at most.
- If the consumer has paid an amount, the entrepreneur will refund this amount. refund as soon as possible, but no later than 30 days after the return or cancellation.
Article 8 - Exclusion of the right of withdrawal
- If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products: a. that have been created by the entrepreneur in accordance with the consumer's specifications;b. that are clearly personal nature;c. which, due to their nature, cannot be returned;d. which can spoil or become obsolete quickly;e. whose price is subject to is subject to fluctuations in the financial market over which the entrepreneur has no influence;f. for individual newspapers and magazines;g. for audio and video recordings and computer software of which the consumer has broken the seal.- Exclusion of the right of withdrawal is only possible for services:a. concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;b. the provision of which is with the explicit consent of the consumer has started before the cooling-off period has expired;c. concerning bets and lotteries.
Article 9 - The price
- During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
- Deviating from the previous paragraph, the entrepreneur can 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 linkage to fluctuations and the fact that any stated prices are target prices are stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions .
- Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:a. they are the result of statutory regulations or provisions; or b. the consumer has the authority to terminate the agreement on the day on which the price increase takes effect.
- The prices stated in the offer of products or services include VAT.< /li>
Article 10 - Conformity and Warranty
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
- An arrangement offered as a guarantee by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer can assert against the entrepreneur with regard to a shortcoming in the fulfillment of the obligations of the entrepreneur on the basis of the law and/or the distance contract.
Article 11 - Delivery and execution
- The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing of requests for the provision of services.
- The place of delivery is the address that the consumer has made known to the company.
- With due observance of the provisions of article 4 of these general terms and conditions is stated, the company will execute accepted orders expeditiously but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than one month after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and the right to any compensation.
- In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible. refund, but no later than 30 days after dissolution.
- If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement item available. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of return shipment are for the account of the entrepreneur.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.
- Australian Treasures will perform the agreement to the best of its ability in accordance with the requirements of good workmanship.
- Australian Treasures will make every effort to resolve any disruptions in access to the website and/or use of the to remove (or have removed) the technical infrastructure of the website as soon as possible in the event of problems. Australian Treasures has the right to temporarily decommission the website without being liable to pay damages to the visitors in order to remedy a malfunction on the website.
- User must protect its own computer system against viruses and to ensure that unauthorized access to the website is not provided to third parties.
- Australian Treasures reserves the right to make changes to (access to) the website if this is desirable for the functioning of the website. website. If such changes have a direct influence on the way in which the client gains access to the website or the way in which the website can be used, Australian Treasures will inform the user about these changes as soon as possible.
Article 12 - Expensive transactions
- The consumer cann terminate an agreement that has been entered into for an indefinite period at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
- An agreement that has been entered into for a definite period has a maximum term of two years . If it has been agreed that the distance agreement will be extended if the consumer remains silent, the agreement will be continued as an agreement for an indefinite period and the notice period after continuation of the agreement will be a maximum of one month.
Article 13 - Payment
- Insofar as not agreed later, the amounts owed by the consumer must be paid within fourteen days after delivery of the good or, in the case of an agreement to provide a service, within 14 days after the documents relating to this agreement have been issued.
- When selling products to consumers, an advance payment of more than 50% may never be stipulated in the general terms and conditions. When advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
- The consumer has the obligation to to report the stated payment details immediately to the entrepreneur.
- In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 - Complaints procedure
- Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
- To the entrepreneur Complaints submitted will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
Article 15 - Additional or deviating provisions
- Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.