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Terms & Conditions
Applicability
1. These General Terms and Conditions apply to all agreements concluded between the entrepreneur and you with regard to an educational service concerning formal education as well as informal education.
2. If the entrepreneur also uses other (sector-related) general terms and conditions and these terms and conditions have not come into effect in consultation with consumer organisations, these terms and conditions will not apply to the agreement. This will not be the case if provisions are included regarding which nothing has been arranged in these general terms and conditions. All documents form part of the agreement, but there may not be any inconsistency. For example, the provisions of the Education and Examination Regulations (EER), the education agreement or the registration form. In the event of inconsistency, the provision that is most favourable for you will apply. However, the entrepreneur is always permitted to derogate, including from the general terms and conditions, to your advantage. If exclusively (modular) examinations, APL courses, or other forms of assessment are offered, the provisions of articles 3 subclause 3 under b, 5 subclause 1, 8 subclause 1, 8 subclause 2 under b, and 9 subclause 1 will not apply. If exclusively (modular) examinations are offered, the provisions of article 5 subclause 1 and subclauses 3 up to and including 7 will not apply.
3. The entrepreneur can also use other general terms and conditions that have come into effect in consultation with one or more consumer organisations. In that case, the disputes committee referred to in article 16 will determine which terms and conditions apply to the agreement on the basis of that which parties have agreed to regarding this at the coming into effect the agreement.
Offer
- 1. The entrepreneur will issue the offer (preferably) in writing, or as the case may be
by electronic means.
2. The offer will contain a complete and precise description of the educational service
and/or of the teaching materials that form part of the educational service. The offer
will also set out whether the use of these teaching materials is mandatory.
3. Every offer must contain such information, that it is clear to you what the rights
and obligations are which are attached to the acceptance of the offer. The offer will
in any event set out the following details in a clear and comprehensible manner;
in the event of an agreement related to an educational service;
- the manner of performance of the agreement;
- – when the educational service starts;
- – the terms and conditions under which the educational service might be
- – cancelled;
- – insofar as applicable: the admission requirements to be permitted to
- – participate in the education;
- – the price, including all additional costs and taxes;
- – the payment method;
- – the duration of the agreement,
- or in the event of an agreement related to the purchase of teaching materials:
- – the price, including all additional costs and taxes;
- – the payment method, the manner of delivery of the teaching materials
- and/or the performance of the agreement;
- – the delivery period of the teaching materials.
4. You will be expressly informed of these general terms and conditions prior to
entering into the agreement, and these will form an integral part of the general
information provided by the entrepreneur.
5. The entrepreneur is permitted to attach the condition to issuing an offer and/or the
acceptance of an assignment that you provide your personal data and, insofar as
the regulations of authorities necessitate this and/or permit this, that you submit a
copy of a valid passport or a valid identity card.
6. Without prejudice to the provisions of subclause 1 up to and including 5, the offer of a distance agreement will furthermore contain the following details:
- the identity and the address of the entrepreneur, including the address of the
business location of the entrepreneur; - your right to terminate the agreement within fourteen days in accordance with
article 5 subclauses 5 and 6; - if additional costs will be charged for contact with the entrepreneur by
telephone or via the internet: the amount of the applicable rate; - the validity period of the offer.
Agreement
1. The agreement comes into effect by means of your acceptance of the offer. After
the coming into effect of the agreement you will receive confirmation of this in
writing or by electronic means.
2. In the event of your providing an assignment by electronic means, the
entrepreneur will send a confirmation by electronic means to you; as long as the
receipt of an electronically accepted assignment has not been confirmed by the
entrepreneur, you can cancel the assignment.
3. After a distance agreement has come into effect, the details referred to in article 3
subclause 3 and subclause 6 will be provided to you in writing, or in another data
carrier available to you and permanently accessible for you.
Copyright
The offered course materials are exclusively intended for personal use. All the items provided by the entrepreneur, such as books, mock examinations, readers and software are protected by copyright vested in the entrepreneur or third parties. Without the express permission from the entrepreneur, the items referred to in this article may not be reproduced, disclosed and/or otherwise brought to the knowledge of third parties or provided to third parties, during the term of the course as well as thereafter, nor is it permitted to disclose the materials in an altered form, or to use these in one’s own name without permission in writing from the entrepreneur. The copyright/ownership rights to the course are fully vested in the entrepreneur.
Delivery
1. Teaching materials
- The entrepreneur will deliver the teaching materials to you in a timely manner. Delivery in a timely manner is also taken to mean providing access to the teaching materials that are offered by electronic means in a timely manner.
- For the purchase of teaching materials without education, the maximum
delivery period is 30 days, unless agreed otherwise. If this delivery period is
exceeded, you can terminate the agreement without further notice of default. - The entrepreneur will immediately replace incorrect or damaged teaching
materials without any costs for you.
- You will be informed of the period within which the assignments or tests sent in will be corrected.
- The time of receiving the corrections back must be in a reasonable proportion to the time of the commencement of the continuation of the education, or as the case may be of any resits.
Conformity and failure to comply with the agreement
1. The educational service and the teaching materials provided must meet your reasonable expectations. If you do not fulfil your obligations, the entrepreneur will be entitled to suspend his obligations. If the entrepreneur does not fulfil his obligations, you will be permitted to suspend your obligations. In the event of partial or improper fulfilment, suspension will only be permitted insofar as the failure justifies this.
2. The entrepreneur has the right of retention if you fail to pay an obligation which has become due, unless the failure does not justify this retention.
3. If one of the parties is in default of the performance of the agreement, the other party will be entitled to terminate the agreement, unless the shortcoming does not justify termination due to its minor significance.
Payment
1. Payment will take place by means of transfer of the amount owed to a bank
account stated by the entrepreneur at the time of the purchase or delivery, or
payment by means of an electronic form of payment recognised by banks. Payment
in cash is also possible by agreement.
2. If payment in instalments has been agreed, you must – with due observance of the
provisions of subclause 3 – make the payments in accordance with the instalments
and the percentages, as these have been recorded in the agreement.
3. The payment for the educational service will take place prior to the time when the
course starts. The entrepreneur may require that you have paid the full amount no
later than 10 working days prior to the day of the commencement of the
educational service, as referred to in article 3 subclause 3 under a.
4. For the purchase of teaching materials without education, the payment must take place no later than at the time and at the location of the delivery. The entrepreneur may require that you to make an advance payment in the amount of half the purchase price.
Suspension
The entrepreneur will suspend the charging of interest and collection costs during
the period in which a complaint or a dispute is being dealt with in conformity with
the provisions of articles 15 and 16.
Liability on the part of the entrepreneur
Insofar as the entrepreneur fails attributably and you suffer damage as a result, the liability on the part of the entrepreneur for damage, which is not the result of injury, death, or property damage, will be limited to the payment of direct damage. The liability on the part of the entrepreneur for injury, death, or property damage is not excluded or limited. The liability applies to persons employed by the entrepreneur, or as the case may be to persons who are engaged by the entrepreneur for the performance of the agreement.
Confidentiality
The information provided by you to the entrepreneur, his personnel and/or persons who work for him, will be treated with confidentiality. The entrepreneur complies with the applicable privacy legislation.
Questions and complaints
1. The entrepreneur has the intention to answer the question or complaint as soon as possible and to your full satisfaction. The entrepreneur can be reached by telephone and by email for dealing with questions or complaints of an administrative nature, or regarding the contents of the course. These questions or complaints will be answered by the entrepreneur within ten working days, to be calculated from the date of receipt. Questions or complaints that require a longer processing time will be answered by the entrepreneur by return of post with acknowledgement of receipt and an indication of when you can expect an answer.
2. The entrepreneur does of course everything possible to prevent errors in your study package and to prevent the dispatch thereof. If something is nevertheless not in order, you can report this within ten days after receipt of the package. Any complaint must be submitted to the entrepreneur in a timely manner and fully and clearly described. Complaints that are not submitted within 2 months will not be dealt with. If the complaint cannot be resolved in mutual consultation, a dispute will have arisen that will be eligible for the dispute settlement rules of article 16.