Terms & Conditions

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Digital Products & Programs

 

 

Index

Section   1 - Definitions

Section   2 - Identity of the entrepreneur

Section  3 - Applicability

Section   4 - The offer

Section   5 - The agreement

Section 6 - Right of withdrawal

Section   7 - Exclusion of the right of withdrawal

Section   8- The price

Section 9 - Conformity and guarantee

Section 10 - Delivery and implementation

Section 11 - Length transactions: duration, termination, and renewal

Section 12 - Payment

Section 13 - Complaints

Section 14 - Disputes

Section 15 - Additional or different provisions

 Section 1 - Definitions In these conditions: 1. Reflection period: the period within which the consumer can make use of his right of withdrawal;2. Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur;3. Day: calendar day;4. Transaction Duration: a distance contract relating to a series of E-learning Products and services, the supply and purchase obligation of which has been spread over time;5. Durable data carrier: any means that enables the consumer or trader to store information that is addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible.6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

 1. Entrepreneur: the natural or legal person that offers E-learning Products and services to consumers on a distance;

2. Distance contract: an agreement whereby in the framework of a system organized by the contractor for distance selling of E-learning Products and services, up to and including the conclusion of the agreement only use is made of one or more techniques for remote communication;

3. A method for distance communication: means that it can be used for agreeing without the consumer and trader being in the same room at the same time.4. General Terms and Conditions: these General Terms and Conditions of the entrepreneur. 

Section 2 - Identity of the entrepreneur: ESleeswijk Consultancy,Lieve Verschuierstraat 84 3021ZJ Rotterdam.Telephone number: +31646330542 By phone: Working days (online always)  Please sent us an email: [email protected] of Commerce number: 54649633. VAT identification number: 208022788B02

 Section 3 - Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders between the entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general conditions for the entrepreneur can be viewed, and they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumers can be easily stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that at the request of the consumer, they will be sent free of charge by electronic means or otherwise.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and the consumer may always invoke the applicable provision in the event of conflicting general terms and conditions
5. If one or more rules in these general terms and conditions at any time in whole or in part are null and void or destroyed, then the agreement and these conditions remain valid, and the stipulation in question will be replaced without delay by a provision that the scope of the original approached as much as possible.
6. Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
7. Lack of clarity about the explanation or content of one or more provisions of our terms and conditions should be explained 'in the spirit' of these general conditions.

Section 4 - The offer 

1. If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.

2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.

3. The offer contains a complete and accurate description of the E-learning Products and / or services offered. The narrative is sufficiently detailed to allow a proper assessment of the proposal by the consumer. If the entrepreneur uses images, these are a true reflection of the offered E-learning Products and services. Apparent mistakes or errors in the offer do not bind the entrepreneur.

4. All images, specifications, and data in the offer are indicative and can not be a reason for the compensation or dissolution of the agreement.

5. Images at E-learning Products are a true reflection of the offered E-learning Products. The entrepreneur can not guarantee that the displayed colors exactly match the real colors of the E-learning Products.

6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in the special:• the price including taxes 21%.;• the possible costs of shipping;• how the agreement will be concluded and which actions are necessary for this; whether or not the right of withdrawal applies;• the method of payment, delivery, and execution of the agreement;• the deadline for accepting the offer or the period within which the entrepreneur guarantees the price;• the level of the tariff for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic fare for the means of communication used;• whether the agreement will be filed after the conclusion and, if so, how it can be consulted by the consumer;• the way in which the consumer, prior to the end of the agreement, can check the data provided by him in the context of the contract and, if he wishes, rectify it;• any other languages ​​in which, in addition to Dutch, the agreement can be concluded;• the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and• the minimum duration of the distance contract in case of an extended transaction. 

Section 5 - The contract

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of the acceptance of the offer electronically. As long as the arrival of this acceptance has not been approved by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data, and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can - within legal frameworks - inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the agreement, he is entitled to refuse an order or request, motivated, or to attach special conditions to the execution.
5. With the product or service the entrepreneur will provide the consumer with 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 medium: 

1. the visiting address of the business location of the trader where the consumer can go with complaints;
2. the conditions under which and how the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the power of re-use;
3. the information about guarantees and existing service after purchase;
4. the information included in Section 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
5. the requirements for terminating the contract if the deal has a duration of more than one year or is indefinite.
6. In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
7. Each agreement entered into under the suspensive conditions of sufficient availability of the relevant E-learning Products.

 Section 6 - Right of withdrawal

 Products that you buy through this online store have a limited shelf life and, therefore, cannot be returned. The right of withdrawal, therefore, does not apply. The sale is consequently definitive after successful payment.

Section 7 - Exclusion of the right of withdrawal 

1. The entrepreneur can exclude the right of withdrawal of the consumer for E-learning Products, as described in paragraphs 2 and 3. Exclusion of the power of removal only applies if the entrepreneur clearly in the offer, at least in time for the conclusion of the agreement, has mentioned.
2. Exclusion of the right of withdrawal is only possible for E-learning Products: a. that have been created by the entrepreneur by the specifications of the consumer; b. that are clearly personal in nature; c. which cannot be returned due to their nature; d. for audio and video recordings and computer software of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is not possible for services: the delivery of which commenced with the express consent of the consumer before the visit time has expired;

 Section 8 - The price 

1. During the validity period stated in the offer, the prices of the E-learning Products and services offered will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur E-learning Products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence, with variable rates. This link to changes and the fact that any mentioned prices are target prices are mentioned in the offer.
3. Price increases within three months after the conclusion of the contract are only permitted if they are the result of statutory regulations or stipulations.

1. Price increases from 3 months after the end of the agreement are only allowed if the entrepreneur has stipulated this and:a. they are the result of statutory regulations or stipulations; orb. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

2. The prices mentioned in the E-learning Products or services offer include VAT.

3. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and setting errors. In the case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price. 

Section 9 - Conformity and Guarantee

 1. The entrepreneur warrants that the E-learning Products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and usability, and the information on the date of the creation of the products. The agreement is existing legal provisions and government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than regular use.

2. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.

3. Any defects or incorrectly delivered E-learning Products must be reported to the entrepreneur in writing within four weeks after delivery. Return of the E-learning Products must be in the original packaging and in new condition.

4. Products for each individual application by the consumer, nor for any advice regarding the use or application of the E-learning Products.

5. The guarantee does not apply if:• The consumer has repaired and processed the delivered E-learning Products themselves or has them fixed and processed by third parties;• The inadequacy wholly or partially is the result of regulations that the government has or will make regarding the nature or the quality of the materials used.

Section 10 - Delivery and implementation

 1. The trader will take the highest possible care when receiving and implementing orders for E-learning Products and when assessing applications for the provision of services.

2. The place of delivery is the email address that the consumer has made known to the company.

3. With due observance of what is stated in paragraph 4 of this Section, the company will execute accepted orders expeditiously but no later than 30 days, unless the consumer has agreed to a more extended delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will receive notification of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without any costs. The consumer is not entitled to compensation.

4. All delivery dates are indicative. The consumer cannot derive any rights from any period mentioned. Exceeding a term does not entitle the consumer to compensation.

5. In case of dissolution in accordance with paragraph 3 of this Section, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 14 days after dissolution.

6. If the delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement Section available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement Section will be delivered. The right of withdrawal cannot be excluded in the case of replacement Sections. The costs of any return shipment are at the expense of the entrepreneur.

7. The risk of damage and/or loss of E-learning Products rests with the trader up to the moment of delivery to the consumer or a pre-designated representative to the entrepreneur unless expressly agreed otherwise.

Section 11 - Length transactions: duration, termination, and renewal

Cancellation

1. The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of E-learning Products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period up to one month.

2. The consumer can terminate an agreement that has been concluded for a fixed period and which extends to the regular delivery of E-learning Products (including electricity) or services, at any time by the end of the fixed term, with due observance of this. agreed cancellation rules and a notice period of up to one month.

3. The consumer may conclude the agreements referred to in the previous paragraphs:• cancel at any time and not be limited to termination at a specific time or in a given period;• at least cancel in the same way as they were entered into by him;• always cancel with the same notice period as the entrepreneur has made for himself.

Extension

4. A contract that has been entered into for a definite period and that extends to the regular delivery of E-learning Products (including electricity), or services may not be tacitly renewed or renewed for a fixed term.

1. Contrary to the previous paragraph, a contract that has been concluded for a definite period and which extends to the regular delivery of daily news- and weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer this extended agreement can be terminated by the end of the extension with a notice period of no more than one month.

2. A contract that has been entered into for a definite period and that extends to the regular delivery of E-learning Products or services may only be tacitly renewed for an indefinite period if the consumer can cancel at any time with a notice period of at most one month and a notice period of no more than three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

3. A contract of limited duration to the proper delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued. It ends automatically after the trial or initial period.

Expensive. If an agreement has a duration of more than one year, the consumer may terminate the contract at any time with a notice period of no more than one month, unless the reasonableness and fairness cancel before the end of the agreed term to set.

Section 12 - Payment

 1. Unless otherwise agreed, the amounts due by the consumer must be paid immediately upon purchase. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the contract.

2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

3.In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer beforehand.

Section 13 - Complaints procedure 

1. The entrepreneur has a well-publicized complaint procedure and handles the complaint by this complaint procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within seven days after the consumer has established the defects.
3. Complaints filed to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement.
5. In the event of complaints, a consumer must first turn to the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and claims that it cannot be resolved by mutual agreement, the consumer must turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has an ongoing membership via https://www.webwinkelkeur.nl/leden/. If a solution is not yet reached, the consumer can have his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the pronouncement of this is binding, and both entrepreneur and consumer agree with this binding pronunciation. There are costs associated with submitting a dispute to this Disputes Committee that must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
7. If a claim is found to be well-founded by the entrepreneur, the entrepreneur will, at its option or the delivered E-learning Products, replace it free of charge.

Section 14 - Disputes 

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

 Section 15 - Additional or different provisions.Additional provisions or deviating from these 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.

 Contact Us

If you have any questions, concerns or complaints about this Terms and Conditions, please contact us:

• By email: [email protected]