GENERAL TERMS AND CONDITIONS

Table of Contents

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination, and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or Deviating Provisions

Article 1 - Definitions

In these terms and conditions, the following terms are understood to mean:

• Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
• Consumer: the natural person who does not act for purposes related to his trade, business, craft, or profession and who enters into a distance agreement with the entrepreneur;
• Day: calendar day;
• Duration transaction: a distance agreement related to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
• Durable medium: any means that enables the consumer or entrepreneur to store information directed to him personally in a way that makes future consultation and unchanged reproduction of the stored information possible.
• Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the withdrawal period;
• Model withdrawal form: the European model withdrawal form set out in Annex I;
• Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
• Distance agreement: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the moment that the agreement is concluded;
• Means of distance communication: a means that can be used for concluding an agreement, without the consumer and entrepreneur being in the same area simultaneously.
• General Terms and Conditions: these general terms and conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Hondleiding
Nijverheidlaan 8, 6717EW Ede
The Netherlands

Phone: 06-20270576 (Whatsapp)
Email: info@onlinehondencursus.nl
Chamber of Commerce (KvK) number: 09193072
VAT identification number: NL001654070B33

Article 3 - Applicability

• These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement and orders concluded between the entrepreneur and the consumer.
• Before the distance agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated, before the distance agreement is concluded, that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent to the consumer free of charge upon request as soon as possible.
• If the distance agreement is concluded electronically, in deviation from the preceding paragraph and before the distance agreement is concluded, the text of these general terms and conditions can be made available to the consumer electronically in a manner that allows the consumer to easily store it on a durable medium. If this is not reasonably possible, it will be indicated, before the distance agreement is concluded, where the general terms and conditions can be accessed electronically and that they will be sent to the consumer electronically or in another way free of charge upon request.
• In the event that specific product or service conditions are also applicable alongside these general terms and conditions, the second and third paragraphs apply by analogy, and the consumer can always invoke the provision that is most favorable to them in case of conflicting general terms and conditions.
• If one or more provisions in these general terms and conditions are nullified or invalidated, in whole or in part, at any time, the agreement and these conditions shall remain in force for the rest, and the respective provision shall be promptly replaced through mutual agreement by a provision that approximates the intent of the original as closely as possible.
• Situations not covered by these general terms and conditions should be assessed "in the spirit" of these general terms and conditions.
• Ambiguities regarding the interpretation or content of one or more provisions of our terms should be interpreted "in the spirit" of these general terms and conditions.

Article 4 - The offer

• If an offer has a limited validity period or is made under conditions, this is explicitly stated in the offer.
• The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
• The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
• All images, specifications, and data in the offer are indicative and cannot be a basis for compensation or termination of the agreement.
• Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
• Each offer provides information in such a way that it is clear to the consumer what rights and obligations are associated with accepting the offer. This specifically concerns:
  • the price including taxes;
  • any potential shipping costs;
  • how the agreement will be established and the actions required for that purpose;
  • the applicability of the right of withdrawal or not;
  • the method of payment, delivery, and execution of the agreement;
  • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
  • the amount of the fee for remote communication if the costs of using remote communication technology are calculated on a basis other than the regular basic rate for the communication medium used;
  • whether the agreement will be archived after its conclusion, and if so, how the consumer can access it;
  • the means by which the consumer can review and, if necessary, rectify the data provided by them in the context of the agreement, before the agreement is concluded;
  • any other languages in which, in addition to Dutch, the agreement can be concluded;
  • the codes of conduct to which the entrepreneur has subscribed and the means by which the consumer can access these codes of conduct electronically; and
  • the minimum duration of the remote agreement in the case of a continuous transaction.

Article 5 - The agreement

• The agreement, subject to the provisions in paragraph 4, is established at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions stated therein.
• If the consumer has accepted the offer electronically, the entrepreneur promptly confirms the receipt of the acceptance of the offer by electronic means. As long as the entrepreneur has not confirmed the agreement's acceptance, the consumer may dissolve the agreement.
• If the agreement is concluded electronically, the entrepreneur will implement appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can make electronic payments, the entrepreneur will observe suitable security measures for that purpose.
• The entrepreneur, within legal frameworks, can ascertain whether the consumer can meet their payment obligations, as well as consider all facts and factors relevant to a responsible conclusion of a distance agreement. If based on this examination, the entrepreneur has valid reasons not to enter into the agreement, they are entitled to reject an order or application with justification or to attach special conditions to its execution.
• The entrepreneur will provide the following information concerning the product or service to the consumer, in writing or in a way that allows the consumer to store it in a readily accessible manner on a durable medium, alongside the product or service:
  • the visitation address of the entrepreneur's establishment where the consumer can address complaints;
  • the conditions under which and the method by which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  • information about warranties and existing post-purchase services;
  • the data as included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
  • the requirements for the termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
• In the case of a continuous transaction, the provision in the preceding paragraph applies only to the initial delivery.
• Every agreement is entered into under the suspensive condition of sufficient availability of the respective products.

Article 6 - Right of withdrawal

In the delivery of products:

• In the purchase of products, the consumer has the option to terminate the agreement without providing reasons for a period of 14 days. This cooling-off period commences on the day following the receipt of the product by the consumer or a representative designated in advance and notified to the entrepreneur.
• During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to retain it. If they exercise their right of withdrawal, they will return the product to the entrepreneur with all delivered accessories and, if reasonably possible, in its original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur.
• If the consumer wishes to exercise their right of withdrawal, they are obliged to communicate this to the entrepreneur within 14 days after receiving the product. The consumer must make this communication using the model withdrawal form or another means of communication, such as email. After notifying the entrepreneur of their intention to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must provide evidence that the goods were returned on time, such as by means of a proof of shipment.
• If the consumer has not communicated their intention to exercise the right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is considered final.

In the case of the provision of services:

1. • In the case of the provision of services, the consumer has the option to terminate the agreement without providing reasons for a minimum period of 14 days, starting from the day the agreement was entered into.
   • To exercise their right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur in the offer and/or upon delivery.

Article 7 - Costs in case of withdrawal

• If the consumer exercises their right of withdrawal, they shall bear at most the cost of returning the goods.
• If the consumer has made a payment, the entrepreneur shall reimburse this amount as soon as possible, but no later than 14 days after the withdrawal. This reimbursement will be made using the same payment method used by the consumer, unless the consumer explicitly agrees to a different payment method.
• In case of damage to the product due to careless handling by the consumer themselves, the consumer is liable for any decrease in value of the product.
• The consumer cannot be held liable for the decrease in value of the product if the entrepreneur has not provided all legally required information regarding the right of withdrawal, which should be done before the conclusion of the purchase agreement.

Article 8 - Exclusion of the right of withdrawal

• The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly indicated this in the offer, at least before the conclusion of the agreement.
• Exclusion of the right of withdrawal is only possible for products:
  • that have been custom-made by the entrepreneur according to the consumer's specifications;
  • that are clearly of a personal nature;
  • that, due to their nature, cannot be returned;
  • that can quickly deteriorate or expire;
  • whose price is tied to fluctuations in the financial market over which the entrepreneur has no influence;
  • for individual newspapers and magazines;
  • for audio and video recordings and computer software if the consumer has broken the seal;
  • for hygiene products if the consumer has broken the seal.
• Exclusion of the right of withdrawal is only possible for services:
  • related to accommodation, transport, restaurant services, or leisure activities to be provided on a specific date or during a specific period;
  • whose delivery has begun with the explicit consent of the consumer before the cooling-off period has expired;

• regarding bets and lotteries.

Article 9 - The price

• During the validity period specified in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
• Contrary to the preceding paragraph, the entrepreneur can offer products or services with prices tied to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This attachment to fluctuations and the fact that any indicated prices are indicative will be mentioned in the offer.
• Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
• Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
  • these are the result of legal regulations or provisions; or
  • the consumer has the authority to terminate the agreement effective from the day the price increase takes effect.
• The prices mentioned in the offer of products or services are inclusive of VAT.
• All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the case of printing and typographical errors, the entrepreneur is not obligated to supply the product at the erroneous price.

Article 10 - Conformity and warranty

• The entrepreneur ensures that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.
• A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.
• Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. The return of products must be done in the original packaging and in new condition.
• The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
• The warranty does not apply if:
  • the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
  • the delivered products have been exposed to abnormal conditions or otherwise treated carelessly or in violation of the entrepreneur's instructions and/or handling guidelines on the packaging;
  • the defects are wholly or partly the result of regulations set or to be set by the government regarding the nature or quality of the materials used.

Article 11 - Delivery and execution

• The entrepreneur will exercise the utmost care when receiving and fulfilling product orders and when evaluating requests for the provision of services.
• The address that the consumer has provided to the company will serve as the place of delivery.
• Subject to the provisions in paragraph 4 of this article, the company will execute accepted orders promptly, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If there is a delay in delivery or if an order cannot be fulfilled or only partially fulfilled, the consumer will be notified of this within 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement without any costs. The consumer is not entitled to compensation for damages.
• All delivery times are indicative. The consumer cannot derive any rights from any mentioned time frames. Exceeding a deadline does not entitle the consumer to compensation for damages.
• In the event of termination in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
• If delivery of an ordered product proves to be impossible, the entrepreneur will make efforts to provide a replacement item. Clear and comprehensible notification of a replacement item will be given no later than at the time of delivery. The right of withdrawal cannot be excluded for replacement items. The costs of any potential return shipment are borne by the entrepreneur.
• The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a designated representative known to the entrepreneur, unless explicitly agreed otherwise.

Article 12 - Duration transactions: duration, termination, and extension

Termination

• The consumer can terminate an agreement that has been concluded for an indefinite period and that involves the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of no more than one month.
• The consumer can terminate an agreement that has been concluded for a definite period and that involves the regular delivery of products (including electricity) or services, at any time towards the end of the specified duration, in accordance with the agreed termination rules and a notice period of no more than one month.
• The consumer can terminate the agreements mentioned in the preceding paragraphs:
  • terminate at any time and not be limited to termination at a specific time or during a specific period;
  • terminate at least in the same manner as they were entered into by the consumer;
  • always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension

• An agreement that is concluded for a definite period and that involves the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a specific duration.
• In deviation from the preceding paragraph, an agreement that is concluded for a definite period and that involves the regular delivery of daily, news, and weekly newspapers and magazines may be automatically extended for a specific duration of up to three months if the consumer can terminate this extended agreement by the end of the extension with a notice period of no more than one month.
• An agreement that is concluded for a definite period and that involves the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer is allowed to terminate at any time with a notice period of no more than one month, and a notice period of no more than three months in case the agreement involves the regular, but less than once per month, delivery of daily, news, and weekly newspapers and magazines.
• An agreement with a limited duration for the purpose of the regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be automatically renewed and will automatically end after the trial or introductory period expires.

Duration

• If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the agreed duration ends.

Article 13 - Payment

• Unless otherwise agreed, the amounts due from the consumer must be paid within 7 business days after the start of the withdrawal period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.
• The consumer is obligated to promptly notify the entrepreneur of any inaccuracies in the provided or stated payment details.
• In the event of default in payment by the consumer, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs communicated to the consumer in advance.

Article 14 - Complaints procedure

• The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
• Complaints about the execution of the agreement must be submitted to the entrepreneur within 2 months, fully and clearly described, after the consumer has identified the defects.
• Complaints submitted to the entrepreneur 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 14-day period with a message of receipt and an indication of when the consumer can expect a more comprehensive response.
• If the complaint cannot be resolved through mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
• In case of complaints, a consumer must first contact the entrepreneur. If the online store is affiliated with Stichting WebwinkelKeur and if complaints cannot be resolved through mutual consultation, the consumer must contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), they will mediate for free. Check whether this online store has an active membership at https://www.webwinkelkeur.nl/ledenlijst/. If a solution is not reached, the consumer has the option to have the dispute settled by the independent dispute committee appointed by Stichting WebwinkelKeur. The decision is binding, and both the entrepreneur and the consumer agree to this binding decision. There are costs associated with submitting a dispute to this dispute committee, which the consumer must pay to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
• A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
• If a complaint is found to be valid by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

• Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.
• The Vienna Sales Convention does not apply.

Article 16 - 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 the consumer can store them in an accessible manner on a durable data carrier.