Terms and Conditions Codaisseur B.V.
General Terms and Conditions Codaisseur B.V.
VERSION: 2 November 2016
ARTICLE 1 - DEFINITIONS
- EDUCATION: course, training, distance learning as well as face to face education.
- FACE TO FACE EDUCATION: Type of education using direct interaction between teacher/trainer and student/course participant.
- EDUCATION SERVICE: Delivery of training and education, in - or excluding the supply of course material and in - or excluding exams or other forms of testing.
- AGREEMENT: An agreement as stipulated in article 2, subsection 1.
- DISTANCE AGREEMENT: An agreement, concluded in such a way that only written correspondence or digital communication is used.
- CONSUMER: Natural person who does not conduct a trade or business and who purchases an education service from CODAISSEUR B.V.
- COMPANY: Legal entity who conducts a trade or business and who purchases an education service from CODAISSEUR B.V.
ARTICLE 2 – APPLICABILITY
These General Terms and Conditions apply to all agreements concluded between CODAISSEUR B.V. and the consumer or company, concerning an education service.
ARTICLE 3 – OFFER
- CODAISSEUR B.V. makes the offer (preferably) in writing or electronically.
- The offer contains a full and detailed description of the education service and/or the course material as part of the education service. The offer also indicates whether or not the use of this course material is compulsory.
- Each offer must contain information in such a way that it is clear to the consumer or company which rights and obligations apply on acceptance of the offer. The offer must at least specify clearly and comprehensibly the following details:
- the manner of delivery or implementation of the agreement;
- the date of the start of the education service;
- the conditions which apply in the case of cancellation of the education service;
- if applicable: the admissions requirements for attending the (training) course;
- the overall fee, including all additional costs and taxes;
- the method of payment
- the duration of the agreement
- The consumer or company is notified explicitly prior to concluding the agreement of these general terms and conditions, which form part of the general provision of information by CODAISSEUR B.V..
- CODAISSEUR B.V. may add the condition to the submission of the offer and/or the acceptance of the assignment that the consumer or company submits personal details
- Notwithstanding the provisions in subsections 1 to 5 the offer must contain the following additional details in case of an distance agreement:
- a. the identity and address of CODAISSEUR B.V., including the address of the offices of CODAISSEUR B.V.;
- b. the right of the consumer or company to terminate the agreement within fourteen working days according to article 7 subsection 2 and 3;
- c. whether additional costs will be charged for contact with CODAISSEUR B.V.
ARTICLE 4 – AGREEMENT
- The agreement comes into effect on acceptance of the eduction service offer by the consumer or company. After concluding the agreement, the consumer or company receives confirmation of this on paper or electronically
- In case of a digital acceptance CODAISSEUR B.V. sends an electronic confirmation to the consumer or company; for as long as the acceptance of the offerhas not been confirmed by CODAISSEUR B.V., the consumer or company may cancel the acceptance.
- After the conclusion of a distance agreement, the details referred to in article 3 subsections 3 and 6 will be communicated to the consumer or company on paperor via another durable medium available to and accessible by the consumer or company.
ARTICLE 5 - MODIFICATIONS
If there is an agreement on face to face education with a fixed start date, the following modification scheme for consumer or companys and CODAISSEUR BV applies: - a. consumer or companys can up to twice amend the start date for a subsequent start date. Changing the start date after the fixed start date is not possible. Modification by the consumer or company is done by an email to this effect to email@example.com. - b. CODAISSEUR B.V. can change the location of the face to face education without resulting in deduction of the agreed fee, provided that the new location should be situated at a reasonable distance from the previous location. Another location within the same city is in any case not unreasonable. Modification by CODAISSEUR B.V. is done by an email to this effect to the email address specified by the consumer or company.
ARTICLE 6 – CANCELLATION BY CONSUMER OR COMPANY
In case of an agreement relating to face to face education with a fixed starting date, the following cancellation policy applies, after a possible reflection period as per Article 7: - a. cancellation before the start of the face to face education course must be done by an email to this effect to firstname.lastname@example.org; - b. if the agreement is cancelled up to one months prior to the start of the course the consumer or company pays 50% of the agreed fee, with a minimum of €50, -; - c. if the agreement is cancelled less than one month prior to the start of the course the consumer or company pays 75% of the agreed fee, with a minimum of €50, -; - d. if the agreement is cancelled less than two weeks prior to the start of the course the consumer or company pays the full fee.
ARTICLE 7 – TERMINATION OF THE AGREEMENT BY CONSUMER OR COMPANY
- The consumer or company may terminate a fixed - term agreement at any time. Premature termination of the agreement does not lead to restitution of the fee owed by the consumer or company nor to cancellation of his obligation to pay the fee, in accordance with the cancellation policy as per Article 6.
- The consumer or company is entitled to terminate the agreement without stating his reasons, during fourteen working days following the conclusion of a distance agreement concerning an education service. If CODAISSEUR B.V. has not provided all details of the conditions of the distance agreement as referred to in Article 3 subsection 6, the term of fourteen working days will apply to the period starting after the provision thereof up to a maximum of three months following the conclusion of the agreement.
- The consumer or company is entitled to full restitution of the amount already paid if the agreement is terminated according to subsections 2. CODAISSEUR B.V. restitutes as soon as possible, and in any event within 30 days of the termination of agreement.
- If the agreement is terminated according to subsections 2 and 3, the consumer or company must return any course material which he has received from CODAISSEUR B.V. as soon as possible. CODAISSEUR B.V. is entitled to charge the consumer or company with thedelivery costs involved . The consumer or company bears the risk of the delivery.
- If the consumer or company exercises his right to terminate the agrreement according to subsections 2, any other additional loan agreement serving as payment arrangement between CODAISSEUR B.V. and the consumer or company, will be cancelled automatically, without any fine payable by the consumer or company.
- The consumer or company is not entitled to terminate the agreement according to subsection 2, if the education or training course has already commenced in agreement with the consumer or company, before the period of fourteen days has expired. The commencement of the education or training course may also be the moment of receipt of digital access to course material.
ARTICLE 8 – TERMINATION OF THE AGREEMENT BY CODAISSEUR B.V.
- CODAISSEUR B.V. may terminate a fixed-term agreement at any time. Premature termination leads to a refund of the fee owed by the consumer or company or the cancellation of the obligation to pay it. Termination of the agreement may be done due to insufficient enrollments for the respective face to face education course.
- The consumer or company is in the event of termination pursuant to paragraph 1 entitled to restitution of the amount already paid. CODAISSEUR B.V. restitutes as soon as possible, and in any event within thirty day of the termination of the agreement.
ARTICLE 9 – FEE CHANGES
- If a course fee is changed within three months of the conclusion of the agreement but prior to the commencement of the course or the delivery of course material, this will have no bearing on the agreed course fee.
- The consumer or company is entitled to terminate the agreement if the course fee is increased within three months of the conclusion of the agreement but prior to the commencement of the course or the delivery of course material.
- Subsections 1 and 2 are not applicable to any fee changes imposed by the law.
ARTICLE 10 – DELIVERY
- Course material
- a. CODAISSEUR B.V. delivers all course material to the consumer or company on time. Delivery on time is includes the delivery of digital access to materials.
- b. Replacement of faulty or damaged course material will be sent by the entrepreneur immediately.
- a. The consumer or company will be notified of the period within which the assignments or exams will be marked.
- b. The moment of receipt of marked assignments or exams must be in proportion to the moment of continuation of the course or the moment of a possible re - sit examination.
ARTICLE 11 – COMPLIANCE
- The education service must comply with the agreement and must be implemented in a competent manner, using proper facilities.
- The course material must comply with the agreement and have those standard features, as are required for normal use and under all circumstances, as well as for particular use, in so far as agreed.
ARTICLE 12 – PAYMENT
- Payment is in cash, unless agreed otherwise. Payment in cash also includes a bank transfer to the bank account as indicated by CODAISSEUR B.V. at the moment of purchase or delivery or payment via by banks accepted methods of electronic payment..
- If payment in instalments has been agreed to, the consumer or company must pay according to the instalment periods and the percentages as agreed in the agreement.
- Payment of the education service takes place prior to the commencement of the education or training course. CODAISSEUR B.V. is entitled to demand full payment of the course fee within 8 weeks prior to the commencement of the education service.
ARTICLE 13 – OVERDUE PAYMENT
- The consumer or company is considered to be in default once the payment date has expired. CODAISSEUR B.V. sends a payment reminder after the payment date has expired and allows the consumer or company to pay within 10 working days on receipt of the reminder.
- If payment has not been made after the 10 working days following the reminder, CODAISSEUR B.V. is then entitled to charge interest and any extrajudicial collection costs. These collection cost shall not exceed: 15% of outstanding amounts to € 2500, -; 10% on the next € 2500, - and 5% on the next € 5000, - with a minimum of € 40, -. CODAISSEUR B.V. may adjust the amounts and percentages in favour of the consumer or company
- During the handling of a complaint or dispute in accordance with the provisions in articles 15 and 16, CODAISSEUR B.V. will defer the charging of interest and collection costs.
ARTICLE 14 – NON - COMPLIANCE WITH THE AGREEMENT
- If one of the parties does not comply with a commitment of the agreement, the other party is entitled to defer his own commitment associated with it. In case of partial or inadequate non - compliance deferral is only allowed, in so far as it is justified by the failure to comply.
- CODAISSEUR B.V. has the right of retention if the consumer or company fails to meet the obligation which is due, unless this retention is not justified by the failure.
- If one of the parties does not comply with the agreement, the other party is entitled to terminate the agreement, unless the termination is not justified by the non - compliance due to its limited significance.
ARTICLE 15 – ACCOUNTABILITY OF THE CODAISSEUR B.V.
- In so far as CODAISSEUR B.V. fails accountably under the agreement and the consumer or company has suffered damage from this as a consequence, the accountability of CODAISSEUR B.V., in as far as the damage is not the result of personal injury, death or property damage, limited to the compensation of direct damages not exceeding the value of the agreement.
- The accountability of CODAISSEUR B.V. for personal injury, death or property damage is not excluded or limited.
- The accountability referred to in subsections 1 and 2 also applies to persons employed by CODAISSEUR B.V., or persons who have been taken on to implement the agreement.
ARTICLE 16 – CONFIDENTIALITY
Any information submitted by the participants or third parties before or during the course that may be expected to be confidential will treated as such by CODAISSEUR B.V., its staff, or other persons employed by it.
ARTICLE 17 – COPYRIGHT
The copyright of the materials provided by CODAISSEUR B.V. rests with CODAISSEUR B.V.
ARTICLE 18 – QUESTIONS AND COMPLAINTS
- Administrative questions or questions about the content of the education service can be submitted via email to email@example.com. Questions will be replied to by CODAISSEUR B.V. within 10 working days, counting from the date on which he received the question. If the question requires a foreseeably longer time to answer, the consumer or company will receive a confirmation of receipt from CODAISSEUR B.V. and an indication of when a more detailed answer may be expected.
- Complaints about the implementation of the agreement can be submitted via email to firstname.lastname@example.org. Complants must be submitted to CODAISSEUR B.V. as soon as possible after the consumer or company has or could have noted the shortcomings. Complaints must be made as complete and clear as possible. A complaint submitted within two months is in any event considered timely. If a complaint is not submitted timely, the consumer or company may lose his or her rights in this matter.
- If a complaint cannot be solved in consultation with each other, it becomes a dispute that may be submitted to the appropriate court in Amsterdam, The Netherlands.
ARTICLE 19 – APPLICABLE LAW
The agreement is governed by Dutch law, unless under binding law the law of another country applies.
ARTICLE 20 - INTERPRETATION
In case of divergence between the Dutch and English version of the General Terms and Agreements the Dutch version prevails.