General Terms and Conditions Kentalis Academie
Article 1 – Definitions
In these general terms and conditions the following terms shall mean:
General Conditions: these general terms and conditions.
Arrangement costs: the costs for rent of accommodation and catering provided by Kentalis during the course of the training.
Services: services offered by Kentalis, such as advice or research.
Direct loss: loss suffered by a customer due to defective performance by Kentalis.
In-company training: a training organized by Kentalis at the customer’s site or any site provided by the customer.
Indirect loss: possible consequential loss, loss due to delay, loss of earnings and lost turnover suffered by the customer as a direct consequence of direct loss.
Customer: (i) any individual purchasing from Kentalis a training, product or service or (ii) any company or institution purchasing from Kentalis a training, product or service.
Kentalis: Koninklijke Kentalis, also Kentalis Academie.
Kentalis shop: the website of Kentalis Academie: www.kentalisshop.nl.
Customized training: a training organized by Kentalis for a customer, geared to the customer’s wishes for a group of participants designated by the customer.
Training materials: educational or instructional materials, documentation or any other materials of whatever form that are being used as part of the training.
Training/events: a schooling, training, (refresher) course, workshop or any other form of education organized by Kentalis. Kentalis offers educational courses in the form of an in-company or customized training or course. An educational course may be divided in several educational modules and may be extended over more than one educational year.
Cost of education: the cost of educational courses including registration fees, as mentioned in the Kentalis shop.
Products: products provided by Kentalis, such as books or products made by clients.
Agreement: an agreement between Kentalis and a customer with regard to the organization of a training by Kentalis, whether or not in behalf of employees of the customer, and/or the delivery of products and services.
Article 2 - Kentalis
Kentalis Academie is a subdivision of Koninklijke Kentalis.
Article 3 - Relevance
- These general terms and conditions apply to all quotations, offers, products and services of Kentalis Academie and to all agreements with Kentalis Academie, insofar as not stated otherwise according to article 3 paragraph 3.
- By enrollment to a training or ordering a product or service the customer declares that he/she is acquainted with the general terms and conditions and accepts their application. Kentalis Academie explicitly rejects the application of general conditions by the customer, specified in whatever terms.
- Deviations from the general terms and conditions are only valid if explicitly specified in writing as agreed between Kentalis Academie and the customer. According to the general terms and conditions “in writing” includes any form of electronic communication (e.g. e-mail or communication via the website).
- In the event that the agreement in question is not covered by the general conditions, Kentalis Academie will effect a reasonable arrangement following the intention of the general conditions. In the case of conflict the terms of these general conditions will prevail. In case of a written agreement the terms of the agreement will prevail over the terms in these general conditions.
- The (entire or partial) invalidity or ineffectiveness of one or more terms of these general conditions will not affect the validity or effectiveness of the other terms. In case of invalid or ineffective terms, Kentalis Academie and the customer will substitute these invalid or ineffective terms by valid and effective terms, the legal consequences of which are similar, as much as possible, to those of the invalid or ineffective terms of these general conditions, in view of the contents and purpose of the terms in question.
Article 4 - The offer
- Kentalis Academie makes the offer (preferably) in writing.
- The offer includes a complete and detailed description of the training, service and/or (educational) materials that are part of the training and/or service. The offer also states whether the use of these (educational) materials is prescribed.
- The offer includes a complete and detailed description of products, digital contents and/or services. The description is sufficiently detailed for the customer to allow a good assessment of the offer. In case Kentalis Academie uses illustrations, these will be truthful representations of the products, services and/or digital contents offered.
- If the offer has a limited validity or comes with certain conditions, this will be expressly stated in the offer.
- Kentalis Academie will not be bound by obvious errors or mistakes in the offer.
- Each offer will include such information that the customer will plainly understand the rights and obligations following the acceptance of the offer.
Article 5 – The agreement
- By enrollment for a training and/or placement of an order for (educational) materials, a product or service and acceptance of the offer under the conditions stipulated, the customer enters into an agreement with Kentalis Academie. Enrollment for a training may take place (i) by registration via the Kentalis Academie website, (ii) by telephone, (iii) by e-mail via the digital registration form provided by Kentalis Academie, or (iv) by a signed offer.
- The agreement is established when Kentalis Academie accepts in writing the enrollment for a training and/or the order of a product or service and is assumed to have been established the moment Kentalis Academie has confirmed in writing the enrollment or order. For the customer this confirmation counts as evidence of registration for the training in question.
- Kentalis is entitled to refuse participation in a training course if Kentalis deems it fit to investigate creditworthiness and the customer refuses permission for such an investigation.
- The customer is not permitted to transfer to a third party any rights or obligations resulting from the agreement without written permission by Kentalis Academie. Kentalis Academie will not withhold the customer such permission if no significant motives are given. However, Kentalis Academie may attach certain conditions to this permission.
Article 6 – Cancellation of training
- If the number of enrollments for any training or training module is below the minimum number required, Kentalis reserves the right to arrange for the customer to attend the training or training module concerned at a different site, on a different date or at a different time. If Kentalis and the customer do not reach an agreement on these alterations, the customer is entitled to cancel the training or training module in question free of charge. In that case, the customer is obliged to settle the costs for any parts of the training already attended or (educational) materials already used.
- Prior to the start of a training the customer has the right to cancel the training. The cancelation can only be forwarded by writing an e-mail to Kentalis Academie, using email@example.com. The date on which the e-mail is sent, will be accepted by Kentalis as the time of receipt of the cancelation. The planned date of commencement of the (postponed) training will be taken as base for establishing the precise costs involved with the cancelation, as stated in article 6 paragraphs 3 and 4.
- In case of cancelation as referred to in article 6 paragraph 2 Kentalis is entitled to charge the customer with the following costs:
- In case of cancelation up to 35 days prior to the start of the training 10% of the costs of training will be charged;
- In case of cancelation between 35 and 20 days prior to the start of the training 50% of the costs of training will be charged;
- In case of cancelation within 20 days prior to the start of the training 100% of the costs of training will be charged.
- In case of cancelation of a training by the customer after this has been postponed by Kentalis following the customer’s request, Kentalis is entitled to charge the customer with the following costs:
- In case of cancelation in the period between the date of postponement and 14 days prior to the start of the training 50% of the training costs will be charged;
- In case of cancelation within 14 days prior to the start of the training 100% of the training costs will be charged.
- In case of cancelation a substitute is allowed to participate in the training provided that this substitute meet the conditions of the training in question. Kentalis Academie needs to be supplied with the personal details of the substitute in writing and prior to the start of the training.
Article 7 – Right of revocation & dissolution
In case of products:
- The customer has the right to dissolve an agreement concerning the purchase of a product within a reflection period of 14 days without reason given. Kentalis Academie is qualified to inquire into the reason, but does not have the right to compel the customer to state his reason(s) for revocation.
- The reflection period referred to in paragraph 1 commences on the day that the customer or a third party designated by the customer, not being the transporter, has received the product, or:
- in case the customer has placed one order including several products: the day on which the customer or a third party designated by the customer has received the last product. Kentalis Academie is qualified to refuse an order of several products with different delivery times, provided they have clearly informed the customer prior to the process of ordering.
- in case the delivery of a product consists of several deliveries or parts: the day on which the customer or a third party designated by the customer has received the last delivery or has received the last part;
- in case of agreements for regular delivery of products during a specified period: the day on which the customer or a third party designated by the customer has received the first product.
- In case of revocation the customer is obliged to return to Kentalis the goods received as soon as possible. Returning goods is at the expense and at the risk of the customer.
In case of services and digital contents not supplied on a material medium:
- The customer has the right to dissolve an agreement within a period of 14 days without reason given. Kentalis Academie is qualified to inquire into the reason, but does not have the right to compel the customer to state his reason(s) for revocation.
- The reflection period mentioned in paragraph 4 starts on the day that the agreement is made.
- There is no right of dissolution if the training and/or the service has started before the termination of the 14-day period.
- In case the customer dissolves the agreement after a training or a service has started, he is not entitled to any refund of costs he has paid or is owing to Kentalis, with the exception of costs for products that have not (yet) been delivered.
- Refunding (part of the) costs of a training or service is only possible in case a premature dissolution of the agreement is the direct consequence of a severe illness or a calamity; under those circumstances Kentalis may require evidence in the form of a medical certificate or similar. In principle the medical certificate will be furnished by the doctor in attendance and should at least mention (i) the identity and position of the person furnishing the certificate, (ii) the identity of the person whose agreement needs to be dissolved, (iii) the cause of incapacity of this person to attend the training or receive the service, and (iv) the expected duration of the incapacity.
Prolonged reflection period for products, services and digital contents not supplied on a material medium in case the right of revocation has not been mentioned:
- In case Kentalis Academie has not supplied the customer with the statutory information about the right of revocation or the model form of revocation, the reflection period will expire twelve months after the termination of the originally intended reflection period referred to in the preceding paragraphs of this article.
- In case Kentalis Academie has supplied the customer with the information mentioned in the previous paragraph within twelve months after the start of the intended reflection period, the reflection period will expire 14 days after the customer has received the said information.
Article 8 – Certification
- When all training requirements are met and, if applicable, the test has been passed, the participant will receive a certificate or proof of participation.
- A certificate will be issued as soon as the conditions in paragraph 1 have been met and if the costs of the training have been settled.
Article 9 – Payment
- If the customer is a private individual payment will be settled by means of one of the options for payment offered in the Kentalis shop.
- If the customer is a company or institution opting for payment on account the payment is settled by transfer of the amount due to the bank account provided by Kentalis Academie. The necessary payment details and any other particulars will be specified on the invoice.
- According to the agreements made the customer may pay for the training, service or product in instalments or in full. The customer must opt for the method of payment when ordering a product; after submission of the order the payment method cannot be altered.
- Payment is due not later than the date specified on the invoice concerned. Kentalis Academie aims at sending the (first) invoice to the customer four weeks before the start of the training. Kentalis Academie operates a term of payment of 30 days.
- Unless agreed otherwise, the customer shall be liable to settle the full payment for training prior to the first training session. The term of payment stated in paragraph 4 will be reduced to not later than the day before the start of the training.
- Unless agreed otherwise, the customer shall be liable to settle the full payment for a product in advance of delivery.
- In case the customer has not settled the full payment due within the set term, Kentalis Academie will send the customer a reminder offering the possibility of yet settling the payment. In case the customer has not settled the full payment due within the set term, the customer will be in breach without further notice of default.
- In case the customer does not pay within the set term of payment, any additional costs necessary for Kentalis to collect the payment due will be at the expense of the customer.
Article 10 – Identification
- Upon enrollment for a training the customer is obliged to state on the registration form the correct and full name of the customer and, if applicable, the person attending the training, as indicated on a valid identity document.
- Each person attending a training (course) is obliged to make his/her presence known at each training session by signing the attendance list.
Article 11 – Price
- The costs of each training/service and each product, and the method of payment, are mentioned in the Kentalis shop catalog. Any charges for arrangements or service are inextricably bound up with the total costs of the offer.
- Expenses due to factors increasing the cost price at any time after establishment of the agreement may be passed on by Kentalis to the customer.
- In case the customer is a private individual and the cost price increasing factors referred to in paragraph 2 result in an increase of the price of a product or service within 3 months following establishment of the agreement, the customer has the right to dissolve the agreement.
- All amounts mentioned by Kentalis are inclusive of VAT.
- Kentalis will always charge the applicable VAT rate related to costs of non-wholeclass education, (educational) materials, specific arrangements, repro, as well as costs of products and services.
- Kentalis Academie holds a CRKBO registration (Central Register for Short-term Vocational Training). Wholeclass education provided by Kentalis is exempt of VAT.
Article 12 – Liability of Kentalis
- As far as Kentalis is liable of damage caused to the customer or to the participants in a training, this liability, regardless of the basis of this liability, is in all cases restricted to direct loss (liability for indirect loss – such as consequential loss, loss due to delay, loss of earnings and lost turnover – is expressly excluded). Direct loss is exclusively understood to mean the reasonable costs of establishing the cause and scale of the damage so far as the establishment is related to damage within the meaning of these conditions, the reasonable costs incurred to have the defective performance of Kentalis conform to the agreement so far as this can be ascribed to Kentalis, and reasonable costs incurred in order to prevent or limit damage so far as the customer can demonstrate that these costs have actually resulted in limiting the direct loss as defined in these general terms and conditions.
- Kentalis assumes no liability for damage to property of the customer or of participants attending a training.
- Kentalis assumes no liability in any way for any possible damage resulting incorrect or incomplete application of information, recommendations, advice and materials supplied in relation to a training, product or service. This includes the information, recommendations and advice provided by the teacher/instructor or supplied by means of educational materials, brochures or any other document resulting from or related to a training.
- Kentalis assumes no liability in case a participant does not observe (safety) regulations.
- The liability restrictions in this article also apply to all persons under the responsibility of Kentalis (such as persons who are employed or appointed by Kentalis in order to implement the agreement).
- If the customer does not participate in a training himself, he shall ensure that the participants for whom the training has been purchased have accepted the liability restrictions.
- The liability restrictions stated in this article shall not apply if damage is due to intentional act or gross negligence on the part of Kentalis or persons for whom Kentalis holds responsibility.
Article 13 - Delivery and implementation
- Kentalis supplies the customer with (educational) materials in time.
- All terms of payment that Kentalis applies in relation to (educational) materials are determined on the basis of information known to Kentalis at the moment of establishing the agreement. Kentalis shall not assume liability for exceeded terms of delivery due to incorrect information or changes in the agreement.
- Kentalis shall not be bound by terms of delivery that cannot be effectuated because of unforeseen circumstances arising after establishment of the agreement.
- The costs of delivery of (educational) materials will be passed on to the customer. Any import duty is at the expense of the customer.
Article 14 – Presence/absence
- In case of illness and/or absence of a teacher, instructor, advisor or assessor Kentalis will see to an equivalent substitute, as far as possible. If adequate replacement turns out to be impossible Kentalis will inform the customer as soon as possible and will suggest (an) alternative date(s) on which the training or service concerned may take place.
- In case of illness and/or absence of a teacher, instructor, advisor or assessor the customer is not entitled to compensation of loss. Kentalis will not charge additional costs for organizing training sessions due to illness and/or absence of a teacher, instructor, advisor or assessor.
- A customer is not entitled to cancel free of charge (i) a training or assessment due to absence of a teacher/instructor or assessor, or (ii) to terminate prematurely an agreement due to absence of a teacher, instructor, advisor or assessor.
Article 15 – Confidentiality
Kentalis, its employees and/or persons engaged by Kentalis will treat all information supplied by the customer confidentially. Kentalis shall comply with the statutory privacy regulations.
Article 16 – Personal details
Article 17 – Intellectual right of ownership
- All intellectual rights of ownership, including copyright, relating to (educational) materials provided and compiled by Kentalis (commercially available books excepted) are vested with Kentalis. No part of these publications may be reproduced and/or published without written permission of Kentalis.
- The customer will guarantee that no intellectual right of ownership of third parties is affected or violated in case the customer or the participants for whose benefit the training is purchased, supply to Kentalis any drawings, models, materials or other works.
- The customer agrees that images made during the training, as well as drawings, models, materials or other works or educational materials supplied to Kentalis, may be used by Kentalis for other educational purposes. If the customer does not agree, he will make this known in writing at the start of the training concerned.
Article 18 – Change of general terms and conditions
The general terms and conditions may be changed by Kentalis. Such a change will be announced by means of a personal notification or a general notification on the website of Kentalis shop.
Article 19 – Dispute
- The agreement is governed by Dutch law.
- Disputes between the customer and Kentalis concerning the termination or implementation of agreements related to trainings and services (not being products) provided or to be provided by Kentalis, may be submitted by both the customer and Kentalis to the Geschillencommissie Particuliere Onderwijsinstellingen (Disputes Committee for Private Educational Institutions) (www.degeschillencommissie.nl).
- The disputes committee will only handle the dispute if the customer has first presented his complaint to Kentalis and this has not led to a mutually satisfactory solution.
- A dispute has to be submitted to the disputes committee within three months of its inception.
- Examination of a dispute shall require payment.
- If the customer submits a dispute to the disputes committee and indicates to accept its judgment as binding, Kentalis is bound to this decision.
- If Kentalis wants to submit a dispute to the disputes committee, Kentalis must ask the customer in writing to declare his agreement within five weeks. Kentalis should state at the same time that it shall deem itself free after expiry of the term afore-mentioned to bring the dispute before the court.
- The disputes committee shall give its decision with due observance of the provisions of the regulations it is subject to. The decision of the disputes committee is a binding advice.
- If a dispute is brought before the court, the dispute will be submitted to the competent court in the district of ’s-Hertogenbosch.
Version May 20, 2016