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General terms and conditions OEM Office Elearning Menu

Terms and Conditions OEM Office Elearning Menu

Based in Almere, Almere, Koetsierbaan 123, 1315 SK
Registration number Chamber of Commerce for Gooi-, Eem- and Flevoland: 52818837

Download the general terms and conditions here.
Download here the explanation of the right of withdrawal and here the model letter of withdrawal.

Article 1: Applicability, definitions.

1. These conditions apply to all offers and agreements relating to training courses and to all offers and agreements relating to sales and services, whether or not concluded via the website of G.A. Hulsebos o.m.h.o.d.n. OEM Office Elearning Menu and Graham Hulsebos Verkooptrainingen, established in Almere, the Netherlands, hereinafter referred to as "OEM". The general terms and conditions shall also apply to all agreements with the other party, the performance of which requires the engagement of third parties by the contractor.
2. The parties relevant to these General Terms and Conditions shall be referred to as follows:
a. other party: the purchaser respectively the person who for his own benefit or the entrepreneur who for the benefit of his employees or other persons concludes an agreement with OEM to follow a training course;
b. consumer: the other party, being a natural person not acting in the exercise of a profession or business;
c. Entrepreneur: the other party, being a legal entity or a natural person acting in the exercise of a profession or business;
d. participant: the natural person who participates in a training course;
e. training provider: the employee of OEM or the third party engaged by OEM who provides (part of) the agreed training; and
f. Training Agreement means the contract of assignment, consisting of training a natural person in a field of training chosen by him against payment of a fee to OEM.
3. In these general terms and conditions "documents" will mean: all documents to be produced or provided by OEM or to be provided or provided by the other party, such as a valid identification document, diplomas, certificates, etc. These documents may be recorded both in writing and on other data carriers, such as CD-ROMs, DVDs, USB sticks, etc.
4. In these general terms and conditions "training" means: an education, training, course, workshop etc. to be provided by OEM from the education offered by OEM. This can be an individual or a group training.
5. In these general terms and conditions "fee" means the fee agreed or payable for the education, purchase or other service.
6. In these general terms and conditions, "in writing" means: by letter, e-mail, fax or any other means of communication which, in view of the state of the art and generally accepted standards, can be equated with this.
7. In these general terms and conditions "website" means: the website of OEM as referred to in paragraph 1 of this article.
8. In these General Terms and Conditions "goods" will mean: training materials, manuals, reference books, Quick Reference Cards etc. to be provided by OEM, whether or not via the website.
9. If one or more provisions of these general terms and conditions are wholly or partially void or voidable, the other provisions shall remain in full force and effect. OEM shall enter into consultation with client in order to agree on new provisions to replace those provisions, while observing the purpose of the original provisions as much as possible.
10. In case of any discrepancy or conflict between these general terms and conditions and a translated version thereof, the Dutch text shall prevail.
11. These general terms and conditions also apply to additional or follow-up courses or subsequent or partial orders resulting from the agreement.

12. If OEM does not always require strict compliance with the terms and conditions, this does not mean that the client loses the right to require strict compliance with the provisions of the general terms and conditions in other cases.
13. If OEM has provided these general terms and conditions to the other party more than once in a manner prescribed by law, there is a continuing business relationship. OEM does not have to provide the general terms and conditions each time in order for them to apply to subsequent agreements, except to the extent of amendments to the general terms and conditions.

Article 2: Offers, prices and rates

1. Any offer and quotation of OEM shall be valid for the period stated therein. An offer or quotation in which no validity period is mentioned is without obligation. In the event of an offer or quotation without engagement, OEM shall be entitled to revoke such offer or quotation within 2 business days after receipt of acceptance.
2. Unless expressly stated otherwise, the prices or rates mentioned in the offer, quotation, on the website, in price or rate lists, etc. are exclusive of:
a. B2B excluding VAT and B2C including VAT;
b. shipping costs;
c. travel, accommodation and parking costs;
d. administration costs;
e. the cost of books, syllabi and other training materials;
f. (the cost of) the use of lunch, coffee, tea and the like;
g. (the costs of) the use of any facilities required in connection with the training such as hardware, software, etc;
h. any examination fees.
3. A composite offer or quotation does not oblige OEM to deliver part of the performance offered at a corresponding part of the price or rate.
4. The offer, quotation, prices and/or rates do not automatically apply to new or repeat orders or to follow-up or new training courses.
5. Examples of training materials or other items as well as descriptions in brochures, promotional materials and/or on the website of OEM shown are as accurate as possible, but are only indicative. The other party cannot derive any rights therefrom.
6. a. If between the date of conclusion of the agreement and the performance thereof OEM experiences (cost) price or rate increases as a result of changes in laws and regulations, currency fluctuations, price or rate changes of the trainers engaged by OEM or changes in the prices of the required training materials, etc., OEM shall be entitled to increase the agreed prices or rates accordingly and charge it to the other party.
b. In case of price or rate increases within 3 months after entering into the agreement, the consumer is entitled to terminate the agreement by means of a written statement. If the consumer has not notified OEM within 14 days after notification of the price or rate change that it wishes to use its right of rescission, OEM may assume that the consumer has agreed to the price or rate change.

Article 3: Conclusion of agreements

1. A training agreement is concluded after OEM has confirmed in writing an application for training received from the other party.
2. If the other party places an order via the website, OEM shall not be bound by that order until it has confirmed it to the other party in writing. This shall apply unless otherwise stated on the website.
3. OEM shall only be bound by oral agreements or additions or amendments to the general terms and conditions or the agreement after written confirmation thereof to the other party.

4. From the moment of conclusion of the agreement OEM shall act and act as a good contractor as well as a reasonably acting and reasonably competent professional. In this context OEM shall guarantee that - in case of delivery of goods - these goods comply with the agreement.

Article 4: Application for a program

1. Application for a program offered must be made in the manner indicated for the program in question. If minors are registered, the explicit, written permission of (one of) the parents or the guardian responsible for the minor is required.
2. Immediately upon registration for an examination, the other party must submit a recent copy of a valid identity document of himself or of the participant(s) he has registered.
3. OEM reserves the right to reject an application if the number of applications for a study program gives cause to do so or the participant does not meet any admission requirements.
4. If the desired program is fully booked, OEM will notify the other party in writing and - if possible - offer an alternative program.
5. If an application is accepted by OEM and it subsequently transpires that the information and/or documents provided with the application are incorrect and/or incomplete, OEM will notify the other party and give it a further period of 48 hours to submit the correct and complete information and/or documents. If the other party fails to comply with its obligation after expiry of the aforementioned period, it shall be in default immediately. OEM shall then be entitled to terminate the agreement with regard to the other party or the participant in question with immediate effect and without judicial intervention by means of a written statement to the other party. The other party shall be obliged to compensate OEM for any damage resulting from this and shall indemnify OEM for any claims of third parties resulting from this.
6. Unless parties have expressly agreed otherwise in writing, replacement of an already registered participant will only be possible after written consent of OEM. Thereby the other party has to provide OEM with all relevant information with regard to such replacement, such as a recent copy of a valid ID, prior to participation in the training. A substitute will also have to meet any admission requirements set for the training.

Article 5: Distance contract, right of withdrawal, trial period

1. This article applies exclusively to the consumer who is a party to a distance contract within the meaning of Article 6:230g et seq. of the Dutch Civil Code.
2. When entering into a distance training agreement, the consumer has a reflection period of 14 calendar days. If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days after receiving the product. The consumer must make this known using the model form or by another means of communication such as e-mail. After the consumer has made it known that he wants to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered items were returned in time, for example by means of proof of shipment.
If the customer has not expressed the wish to exercise the right of withdrawal or has not returned the product to the entrepreneur after expiration of the aforementioned periods, the purchase is a fact.
3. An agreement for following an online training course that is started immediately upon registration cannot be revoked. The consumer expressly agrees to the execution of the agreement when there is a situation referred to in the previous sentence. The same applies to agreements whereby the consumer, immediately after payment, receives (digital) course material that can be used within 14 days after the conclusion of the agreement to obtain a diploma for the course.
4. In case of a distance purchase, the consumer has a reflection period of 14 calendar days after receipt of the goods by him or a third party designated by him, not being the carrier. In case of a partial delivery, this period starts when the last part of the item is received. Within this period the consumer can dissolve the agreement without having to give a reason. The dissolution takes place by written notice to OEM according to the attached model declaration.
5. Rescission of the agreement pursuant to the provisions of the previous paragraph of this article is not possible for goods manufactured in accordance with specifications given to OEM by the other party.
6. In case of rescission the goods must be returned to OEM in the original packaging, unused and at the expense of the consumer. It is explicitly understood that the direct costs for returning the goods are for the account of the consumer.
7. OEM shall refund any payments, including any delivery costs charged to the consumer, already received from the consumer as soon as possible, but no later than within 14

8. OEM has the right to refuse returned goods or to refund only part of the payments received if the consumer has gone beyond what is necessary to establish the nature, characteristics and operation of the case.
9. For further information on the right of withdrawal, OEM refers to Annex I of these General Terms and Conditions, as well as Annex II, which contains a model letter of withdrawal.

Article 6: Engagement of third parties

If a proper performance of the agreement requires this according to OEM, he may have certain deliveries and (parts of) the training performed or provided by third parties.

Article 7: Obligations of the other party

1. The other party shall ensure that it makes all information and documents necessary for the performance of the agreement available to OEM in a timely manner in the manner required by OEM.
2. The other party shall ensure that the information and documents provided by it are correct, complete and authentic and shall indemnify OEM against claims of third parties arising from the incorrectness and/or incompleteness of the information and/or documents.
3. When participating in a training course, the other party shall observe the house rules, instructions, etc. applied by OEM in the context of the training course or shall ensure that the participants registered on its behalf comply therewith.
4. Without prejudice to the provisions of the previous paragraph of this article, the other party shall always behave in such a way that the other participants are not hindered by this or shall ensure that the participants registered on its behalf behave in accordance with the foregoing.
5. The other party shall treat and use any training materials or other property loaned to it by OEM with due care and in accordance with the directions, instructions, manuals, etc. provided hereby.
6. If the obligations referred to in this article are not or not timely met or if the other party has not timely met an agreed advance payment or instalment payment, OEM shall be entitled to suspend the performance of the agreement until the other party has met its obligations and/or exclude the other party or the participants - temporarily or otherwise - from further participation in the training. Exclusion will not take place on unreasonable grounds. The other party shall be liable for all damages suffered by OEM as a result thereof and shall indemnify OEM for any claims of third parties resulting therefrom. OEM shall not be obliged to pay any damages to the other party nor to refund any payments already made by the other party.

Article 8: Confidential Information

1. Parties undertake to keep confidential all information obtained from or about the other party within the framework of entering into and performing the agreement and of which that party has indicated that it concerns confidential information or of which they know or could reasonably know that such information must be treated confidentially. The parties will only provide this information to third parties to the extent necessary for the execution of the agreement.
2. Each party will take all reasonable precautions to keep the confidential information secret and guarantees that its employees and other persons involved in the execution of the agreement under its responsibility will also comply with this duty of confidentiality.
3. The duty of confidentiality does not apply if, as a result of legislation and/or regulations or a court ruling, a party is required to disclose the confidential information and in doing so cannot invoke a statutory or court-ordered right to privilege. This exception also applies to employees and other persons as referred to in the previous paragraph.
4. OEM shall at all times be permitted to publish about the agreed activities and deliveries and to reuse the methods, working methods, etc. used or developed, provided that the privacy of the other party is guaranteed or OEM has obtained the consent of the other party.
5. If OEM maintains a privacy statement, the information referred to therein shall only be used in accordance with the provisions of such statement.