General terms and conditions of Blooming Publicity
- Definitions
1.1 In these General Terms and Conditions and the agreements to which they are declared applicable, the terms below shall have the following meanings: provider: LINDA GRAANOOGST, Blooming Publicity, established in Almere.
Customer: the natural person or legal entity acting in the exercise of a profession or business and wishing to purchase/acquire a certain service or product from Provider;
Agreement: the agreement for the supply of services or purchase of products between the Provider and the Customer and all further acts between the Provider and the Customer concerning the sale and delivery of services or products, including offers and registration procedures, and including the general terms and conditions applicable to agreements;
Products: the products to be sold and delivered or sold and delivered, such as E-books, by the provider to the customer, whether or not online;
Services: the services to be provided or delivered by Provider to the Customer, such as training and
Coaching; General Terms and Conditions: these General Terms and Conditions; Programme: a programme offered by Provider with various components, such as training and/or coaching, which are provided over a longer period of time, as further described in Provider's information materials;
Participant: a (additional) participant in a programme designated by the Customer; online learning path: the course or training selected by a Customer via an online application from the online offer of Provider. - General
2.1 These general terms and conditions apply, to the exclusion of third-party terms and conditions, to all deliveries of products and services by the provider to the buyer, all agreements relating thereto and all related acts, both of a preparatory and executive nature, such as an offer and deliveries.
2.2 The applicability of other general terms and conditions (including those of the buyer) is excluded.
2.3 Deviating conditions shall apply only insofar as they have been expressly accepted by the Supplier in writing and shall apply only to the relevant agreement.
2.4 Amendments and additions to any provision in the Agreement are valid only if they are in writing and signed by both parties.
2.5 If any provision of these general terms and conditions or the agreement is not valid for any reason, the provisions herein shall otherwise remain in force.
2.6 If any provision of the general terms and conditions or the agreement is not valid for any reason, the parties shall negotiate the content of a new provision, which provision shall be as close as possible to the content of the original provision.
2.7 The term "in writing" in respect of communications between the Provider and the Customer shall also mean electronic communications. The electronic system of the provider is deemed to be the only proof of the content and time of receipt and transmission of the relevant electronic communication.
2.8 The offer of the Provider is exclusively addressed to customers acting in the exercise of a profession or business. - Realisation of the agreement
3.1 The agreement for following a programme is concluded by the purchaser signing the appropriate registration form, or by digital registration by the purchaser in accordance with the indicated registration conditions of the provider, followed by written notification by the provider of the acceptance of the purchaser and its designated (additional) participant in the programme to the provider.
3.2 Provider will inform the potential customer as soon as possible by e-mail to the e-mail address indicated by the party concerned whether or not they (resp. the (additional) participant) have been accepted into the programme.
3.3 As long as the communication referred to in article 3.2 has not taken place, no agreement concerning following a programme will come into being and the customer may cancel the registration.
3.4 The agreement for following an online learning programme is created by the digital registration of a customer, in accordance with the indicated registration conditions, aimed at the creation of an agreement to follow an online learning programme.
3.5 The agreement for the purchase of a Product is concluded by the electronic acceptance by the customer of the online offer by the Provider and the fulfilment of the conditions set.
3.6 Offers made by the Provider are not binding until an agreement has been concluded between the Provider and the Customer. - Awards
4.1 Prices are non-binding unless included in an agreement. The provider's most current prices are listed on the provider's website.
4.2 The prices quoted by provider are exclusive of VAT and all other levies, duties or charges payable in connection with the performance of the agreement.
4.3 Travel and accommodation costs in connection with following parts of a programme on location and costs of recommended literature are not included in the prices of a programme, unless expressly agreed otherwise. - Payment and invoicing
5.1 The Customer must have paid amounts due including VAT no later than the agreed payment dates or within the agreed payment periods. The Customer is not entitled to suspend its payment obligations, not even in the event of complaints.
5.2 If the delivery of services or products requires payment in advance, the Customer cannot assert any right to delivery thereof before full payment of the amount due to the Supplier has been made.
5.3 The Supplier shall send the Customer invoices for services and products delivered or (in the event of advance payment) yet to be delivered.
5.4 The Supplier shall be entitled to send invoices electronically to the e-mail address specified by the Customer.
5.5 If no other payment term has been agreed, invoices shall be paid within 30 days after the invoice date.
5.6 Payment must be made net to the bank account of the provider, without any discount, deduction or set-off. The value date indicated on the bank statements of the Provider shall be regarded as the day of payment.
5.7 If the purchaser has not paid the full amount due within an agreed payment term or no later than an agreed payment date, the purchaser will be in default by operation of law, without any notice of default being necessary. From the day the Customer is in default until the day of full payment, the Customer shall owe default interest of 1.5% on the amount due per month or part thereof, whereby a part of a month shall count as a whole month. This is without prejudice to the provider's right to full compensation under the law.
5.8 All costs of collection of the amount owed by the purchaser, both judicial and extrajudicial, shall be borne by the purchaser. These include the costs of attachment, bankruptcy petition, collection costs, as well as the costs of lawyers, bailiffs and other experts engaged by the Provider. The extrajudicial collection costs are deemed to be at least 15% of the amount to be collected and amount to a minimum of € 75.
5.9 The Customer must submit complaints regarding invoices to the Provider by registered letter with acknowledgement of receipt at the latest within 8 days after the invoice date, failing which invoices will be deemed to have been accepted and approved by the Customer, and complaints in this respect will no longer be accepted.
5.10 Incoming payments always serve to pay judicial and extrajudicial costs and interest, and then to pay the oldest outstanding payment obligations with the provider, regardless of any other designation by the purchaser. - Obligations of customer and participants in the implementation of a programme
6.1 The customer (or an (additional) participant designated by it) must ensure the correct and complete provision of essential information requested by the provider and/or required for the training/coaching.
6.2 An (additional) participant is bound by the provisions contained in the agreement (including these general terms and conditions).
6.3 The Customer guarantees that it and an (additional) participant designated by it will comply with the provisions included in the agreement (including these general terms and conditions) that (also) apply to participants.
6.4 The components of a programme must be completed within the period indicated in the programme information material.
6.5 The Customer or any (additional) participant appointed by her must, from a positive basic attitude, adopt a cooperative attitude when following a training/coaching programme. - Rights of provider regarding the execution of a programme
7.1 The Supplier is entitled: a. to change the content of a programme in the interim for reasons of qualitative improvement; b. to determine the group size with regard to the training sessions and coaching sessions in a programme; c. to change the planning of parts of a programme with regard to place or time in the interim; d. to determine which teacher/trainer will give a training session or coaching session, and if necessary to replace a teacher/trainer in the interim; e. in the event of insufficient registrations or for other reasons of its own, to cancel a programme completely before it starts. Accepted customers (participants) will be informed of this, without the provider being obliged to give reasons, after which their payment obligations lapse and/or payments already made will be refunded; f. to refuse (in the interim) the participation of a certain customer (participant) for reasons of its own. The relevant customer/participant will be informed of this, without the provider being obliged to state reasons, after which their payment obligations will lapse and payments already made (in proportion to services not yet received) will be refunded. - Cancellation by/cancellation of and prevention by the customer/participant in a programme
8.1 The Customer is entitled to cancel participation by it or an (additional) participant and to cancel an agreement concerning participation in a programme.
8.2 Cancellation of participation in a programme or cancellation of the agreement respectively must be made by the Customer by means of a registered letter to the address of the Provider stated on the Provider's website.
8.3 In the event of cancellation/cancellation by the purchaser, the provider is not obliged to refund the amount paid by the purchaser, and the purchaser is without prejudice to any payment instalments still due to the provider.
8.4 The provisions of Articles 8.1 and 8.2 apply subject to the customer's right to cancel participation in the programme if the customer (participant) has noticed during the first day of the start seminar that what is offered does not meet his/her expectations. The customer (participant) should inform the provider about this at the end of the first day of the start seminar and confirm this in writing no later than the following day. Within 14 working days thereafter, prepaid amounts, less the non-refundable deposit, will be refunded to the customer, provided course materials received have been returned. Restitution will not take place in case a substitute participant will participate in the programme as stipulated in article 8.5. 8.5 In the event of cancellation of participation in a programme, the Customer is entitled to designate another participant to participate in the programme within 7 working days of cancellation. The provider is free to accept or not to accept a substitute participant.
8.6 Cancellation/cancellation of an online learning programme agreement is not possible after conclusion of the agreement.
8.7 Rescheduling of scheduled one-to-one conversations in a programme is only possible in exceptional situations, at the sole discretion of provider. Missed conversations cannot be made up and do not lead to a change (reduction) of the Customer's (payment) obligations. - Cancellation by provider during a programme
9.1 The supplier is entitled to cancel a programme prematurely without giving reasons. In that case, the customer will be entitled to a refund of the amounts paid by him/her, less any amounts due for services already provided. - Liability
10.1 Provider makes every effort to the best of its knowledge and ability in carrying out its work on training and coaching. However, the final result of this also depends on factors beyond the control of the provider. The Supplier provides no guarantee regarding the result of its work.
10.2 With regard to the delivery of products, the possible liability of the Supplier shall be limited to the delivery of a replacement product or to the refund of the amount paid by the Customer in the event of defective delivery.
10.3 The Supplier shall not be liable to the Customer/Participant(s) for any damage resulting from any failure to perform its obligations to them or damage resulting directly or indirectly from the performance of an Agreement, except if and insofar as such damage is attributable to the Supplier's intentional act or omission or wilful recklessness.
10.4 The Supplier shall not be liable for damage resulting from errors or omissions of third parties or auxiliary persons engaged by the Supplier to perform work.
10.5 The Supplier shall not be liable for damage resulting from a failure of the Customer/participant(s) to comply with the obligations contained in article 6 or any consequential damage resulting from implementation in the Customer's organisation of documents and plans, such as plans of approach, drawn up during the training in a programme.
10.6 If and insofar as the Provider would be subject to any liability, on any grounds whatsoever, it will at all times be limited to direct damage, and limited to the payment under the Provider's liability insurance policy covering the damage in question and proceeding to pay out
proceeds to pay.
10.7 Apart from the cases mentioned in Article 10.6, the liability of the Provider is in any case limited to the amount charged for the damage-causing performance.
10.8 The Customer/Participant will never hold staff members of the Provider personally liable in connection with an Agreement.
10.9 Any claim against the provider, except a claim recognised by the provider, shall lapse by the mere expiry of 12 months after the claim arose.
10.10 The provider's employees may invoke against the customer/participant all defences to be derived from the agreement, as if they were parties to that agreement themselves. - Force majeure
11.1 If the Provider is prevented from (further) performing the Agreement due to force majeure of a permanent or temporary nature, irrespective of whether the force majeure could have been foreseen, the Provider shall be entitled, without any obligation to pay damages, to terminate the Agreement in whole or in part by written notice without judicial intervention, without prejudice to the Provider's right to payment by the Customer for performance already performed by the Provider before a force majeure situation existed, or to suspend (further) performance of the Agreement in whole or in part.
11.2 The Supplier shall inform the Customer/Participant of the force majeure situation as soon as possible. If possible, parties shall try to find a solution in consultation, such as, in case of illness of a teacher/trainer, relocation of programmed activities.
11.3 In case of suspension, the Provider will still be entitled to terminate the Agreement in whole or in part.
11.4 Force majeure includes all circumstances as a result of which the Provider is temporarily or permanently unable to meet its obligations, such as illness or death of a teacher/trainer, riots, war, electricity failures, computer failures, internet failures, (mobile) telephone failures and furthermore all circumstances as a result of which the Provider cannot reasonably be required to (continue to) meet its obligations vis-à-vis the Customer/ Participant. - Execution by third parties
12.1 Provider is entitled to engage third parties for the execution of an agreement. - Confidentiality
13.1 Provider shall not disclose any substantive information that it has received from the Customer (or participants) in the context of the performance of an agreement, unless otherwise agreed or Provider is obliged to do so under laws or regulations.
13.2 The Customer or participants are obliged to keep confidential all confidential information which they have obtained from the Provider or other customers/participants in a programme in the context of the performance of an agreement relating to a programme. Information shall be deemed to be confidential if this has been communicated by provider/other participants or if it arises from the nature of the information. In case of doubt, the information shall be regarded as confidential. - Intellectual property rights
14.1 The intellectual property rights relating to training, programmes, documents, brochures, programmes, handouts, lectures, exercises, offers, expressions on the internet/site of the provider, ezines, e-mails, models, techniques, other documents and information arising from the work of the provider and software used, developed by the provider, are vested in the provider or its licensors, unless another party entitled to a work is indicated.
14.2 Intellectual property rights and copyright regarding the expressions mentioned in Article 14.1 are not transferred on the basis of an agreement, unless otherwise agreed in writing.
14.3 Without the prior written consent of the provider, it is not permitted to process, reproduce or publish any concept, material or information supplied to it by the provider in whole or in part, to make it available to third parties via any medium whatsoever, or to make it available to third parties for inspection, whether or not for a fee.
14.4 It is not permitted to remove or change any indication of rights from information provided by the Provider. - Suspension and termination
15.1 If: a. the customer has not, not timely or not fully fulfilled his/her payment obligations towards the provider; b. the customer applies for his/her own bankruptcy, is declared bankrupt or applies for a moratorium; c. a decision is made and/or a decision is taken to liquidate the customer or to terminate the customer's business activities; d. the customer or participant does not fulfil his/her obligations towards the provider, the customer is deemed to be in default by operation of law. Offeror has the right to fully or partially terminate the Agreement with immediate effect, to refuse (further) participation of Customer and/or the participant(s) designated by Customer in a programme or to suspend obligations (performance of its services), without prejudice to further rights of Offeror under the law. The Supplier shall then not be obliged to repay any amounts already paid or to pay damages and shall remain entitled to any amounts not yet paid by the Customer that are due under the Agreement and become immediately due and payable due to the default.
15.2 Upon termination of the agreement, provisions which by their nature are intended to continue shall retain their validity, such as, but not limited to, provisions relating to confidentiality and intellectual property. - Personal data
16.1 Provider shall treat personal data it receives in the context of the agreement with customer in strict confidence and in accordance with applicable privacy laws and regulations. 16.2 Provider records in a customer database the name and address data of Customer and programme participants designated by it. These are used for the performance of an agreement and may also be used to keep those involved informed of other services (such as training courses, events and programmes) by Provider.
16.3 Customer and participants agree to the use of the data concerned for the purpose described above.
16.4 If a customer/participant does not appreciate information about (new) services, he/she can let provider know at any time and provider will then discontinue the provision of information. - Applicable law and competent rights
17.1 All agreements concluded by the parties shall be governed by Dutch law. The Vienna Sales Convention 1980 (CISG) shall not apply.
17.2 Any disputes in connection with or arising from an agreement will in the first instance be submitted to the competent court in Lelystad, without prejudice to the provider's right to submit a dispute to another court with jurisdiction under the law. - Changes
18.1 Provider is entitled to amend these general terms and conditions.
The customer/participant shall be deemed to have accepted the relevant amendments, if the customer/participant has not received a written protest against them within 14 days of the notification from the provider that amendment will take place.
