Article 1 Definitions
1. Manuela Bianco Design, established in The Hague, Chamber of Commerce number 53702905, is referred to as seller in these general terms and conditions.
2. The other party is referred to as the customer in these general terms and conditions.
3. The agreement means the agreement for the assignment on the basis of which the seller performs work for the customer against payment and whereby the general terms and conditions have been declared applicable.
Article 2 Applicability of general terms and conditions
1. These terms and conditions apply to all quotations, invoices, work and agreements by or on behalf of the seller to which it has declared these terms and conditions applicable, insofar as these terms and conditions are not expressly deviated from in writing.
2. The terms and conditions also apply to acts of third parties engaged by the seller in the context of the order.
3. The most recently sent version of these general terms and conditions is always applicable.
4. The applicability of the general terms and conditions of the business customer is expressly rejected.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or should be annulled, the other provisions of these general terms and conditions will remain fully applicable.
6. If a situation arises that is not covered by these terms and conditions, the situation will be viewed within the spirit of these terms and conditions.
7. The seller has the right to unilaterally change the general terms and conditions if circumstances so require. The latest version of the terms and conditions will always be made available to the customer.
Article 3 Offer and agreement
1. The seller cannot be held to its offer if the customer could reasonably understand that the offer, or a part thereof, contains an obvious mistake or error.
2. If the offer is accepted, a payment obligation immediately arises for the customer.
3. Images accompanying products are the most true possible representation of the products offered. However, color deviations may occur depending on the setting of a monitor.
4. The agreement is concluded at the moment that the customer has accepted the offer and meets the conditions set.
Article 4 Rates and payments
1. The agreement is entered into for a definite period of time, unless the nature of the agreement dictates otherwise or if the parties expressly agree otherwise in writing.
2. With acceptance of the offer, the obligation to pay arises.
3. In principle, payment takes place in advance. If it has been agreed that payment is made in installments, the seller is entitled to suspend the agreement until payment has been made. No access to the content will be granted until a (first) payment has been made.
4. If the customer pays for a physical purchase from the webshop in advance with iDeal, the agreement is concluded the moment the bill is charged. If the option to pay afterwards is chosen, the ownership of the products will only pass to the customer after full payment.
5. The prices of the products offered in the offer will not be increased during the current agreement, except for price changes as a result of changed VAT rates, unless the prices of the products are subject to fluctuations in the financial market over which the entrepreneur has no influence.
6. Invoices must be paid within 14 calendar days of the invoice date, unless the parties have made other agreements about this in writing, a course or workshop starts earlier, or a different payment term is stated on the invoice.
7. If the customer fails to pay an invoice on time, it will be in default by operation of law and will owe statutory interest. The interest on the amount due will be calculated from the moment that the customer is in default until the moment of payment of the full amount owed.
8. If the customer is in default or fails to fulfill its obligations, all reasonable costs incurred in obtaining payment out of court will be borne by the customer.
9. In the event of liquidation, bankruptcy, attachment or suspension of payment of the customer, the seller’s claims are immediately due and payable and any licenses already granted will lapse.
Article 5 Provision of information
1. The buyer shall make all information relevant to the execution of the order available to the seller in a timely manner.
2. The Customer guarantees the correctness, completeness and reliability of the data made available, even if they originate from third parties. The seller will treat the data confidentially.
3. The buyer indemnifies the seller against any damage resulting from failure to comply with the provisions of this article.
4. If the customer does not provide the required information or does not make it available in time and the execution of the order is delayed as a result, the resulting additional costs will be borne by the customer.
Article 6 Performance of the agreement
1. The seller will carry out the assignment to the best of its knowledge and ability. It is not liable for the failure to achieve the result intended by the customer. The customer acknowledges that the result will not be immediately visible and that results also depend on the efforts of the customer and other factors.
2. Because some of the seller’s services are provided online, it cannot guarantee that its services are available at any time at every location.
3. The seller is entitled to engage third parties in the execution of the agreement.
4. Taking a trial lesson is not a registration for a course and does not guarantee participation in a course. Registration for a course is based on the order of registration.
5. Buyers of a course are obliged to purchase the necessary materials themselves, which will be made known in a timely manner by the seller.
6. Customers are obliged to make every effort to go through the course material and to hand in the assignments associated with a course on time. If the customer does not complete the assignments, this will have an effect on the result of the course.
7. It is not possible to enroll and thus participate in a course once it has already started, unless the course is given completely digitally.
Article 7 Amendment and cancellation
1. If the parties wish to make adjustments during the execution of the agreement, a new proposal will be made for this.
2. The seller has the right to terminate the agreement when new facts or circumstances arise, as a result of which there is a disruption in the relationship of trust. In such a case, the seller is not obliged to pay compensation.
3. If unforeseen circumstances occur and the seller is prevented from executing the order, it has the right to interrupt or move the agreement. Unforeseen circumstances include illness, extreme weather conditions and circumstances that arise with regard to materials, which are necessary for the proper execution of the agreement.
4. If the seller is unable to carry out the order, the date of the work will be moved to another moment. If relocation is not possible, she will make suggestions for replacement. If a suitable solution cannot be found, the customer has the right to dissolve the agreement.
5. The seller reserves the right to make changes to the dates and location of a course, workshop or individual lesson. In the event that the location or dates are changed by the seller, the customer has the right to cancel within 72 hours after notification of the change or to register free of charge for a comparable course, workshop or lesson at a later time. If this is not possible, the customer will refund the amount already paid within 10 working days after the change.
6. If a workshop cannot take place offline due to circumstances beyond the seller’s control, the seller is entitled to give the workshop online. This does not entitle the customer to a refund.
7. In the event of insufficient registrations, the seller has the right to cancel a course or workshop. This will be made known to the customer as soon as possible. In the case of a course, it will be checked whether another course can be followed. If this is not possible, the amount already paid will be refunded. In case of cancellation of a workshop, a refund will also be made.
8. The purchase of participation in a live course, a combi course or workshop can be canceled free of charge up to 14 calendar days after purchase. In the event of cancellation after the reflection period, or early termination, the costs incurred and hours worked up to that point will become immediately due and payable. In the event of an unexpected impediment, the customer can also resell the ticket, provided the new customer meets the same participation requirements and the new information is passed on to the seller in a timely manner.
9. A separate lesson can be moved by the customer free of charge up to 48 hours prior to the lesson. In case of relocation or cancellation within 48 hours, the lesson will be canceled and will be charged as such. It is not possible to make up for missed lessons.
10. It is not possible to exchange and/or return purchased digital products, including an online course. By ordering and paying for fully digital products, the customer gains direct access to his purchase. The customer expressly agrees that by doing so it waives the right to make use of the cooling-off period and the right to withdraw from the agreement.
Article 8 Right of withdrawal
1. The customer has a cooling-off period of 14 calendar days to cancel the purchase of products. The seller has the right to ask the buyer for the reason for the withdrawal, but the buyer is not obliged to state a reason.
2. The reflection period from the previous paragraph starts on the day after the customer has received the product, or a last partial shipment.
3. If products fall under one of the statutory exceptions to the right of withdrawal due to their nature, this will be indicated in the product description.
4. The right of withdrawal does not apply to business agreements.
Article 9 Obligations upon withdrawal
1. The customer must handle the product and the packaging with care during the cooling-off period. The product may only be inspected as would be permitted in a retail store.
2. Depreciation of the product due to handling contrary to the provisions of paragraph 1 shall be borne by the customer.
3. After receipt of the notification of withdrawal, the seller will send an acknowledgment of receipt to the customer.
4. The seller will reimburse the buyer’s payments within 14 days after the buyer has notified the revocation.
Article 10 Exercise of the right of withdrawal
1. The buyer notifies the seller in writing and within the reflection period that it makes use of the right of withdrawal.
2. Within 14 days after the notification as referred to in paragraph 1 of this article, the customer returns the product in its original condition and packaging.
3. The burden of proof for the correct and timely exercise of the right of withdrawal rests with the customer. She must be able to show proof of shipment to the seller.
4. The costs for returning the product are for the account of the customer.
Article 11 Provision and delivery
1. The shipping address is the address provided by the customer. The seller is not liable for errors in supplying this delivery information.
2. The seller is only obliged to deliver in delivery areas specified by it, i.e. worldwide, unless indicated otherwise.
3. Seller aims to dispatch accepted orders within 5 working days, unless a longer term has been agreed or a product is not in stock.
4. If the delivery is delayed, the customer will be notified as soon as possible. If the delivery takes longer than 30 calendar days, the customer has the right to dissolve the agreement without costs. The seller will refund the amount that the customer has paid within 14 calendar days after dissolution.
Article 12 Online content
1. The customer will only receive access to the content after payment of the agreed amount, unless otherwise agreed.
2. The customer receives access to the content after purchase. The content is therefore excluded from the right of withdrawal, which means that it is not possible to cancel the purchase with a refund of the purchase amount. If the content is made available in parts, the customer is obliged in the event of cancellation to reimburse the content made available pro rata, unless the content was purchased for a business purpose.
3. The seller has the right to adjust the fees when re-displaying the relevant content. It also has the right to adjust the price in the run-up to the agreement for promotional purposes.
4. The seller will perform the agreement to the best of its knowledge and ability. However, it is not responsible for the failure to achieve the result that the customer intended with the purchase.
5. The customer remains responsible at all times for the application or performance of knowledge or actions as acquired during the agreement.
6. Because a third-party platform is used for the execution of the agreement, the seller cannot guarantee that the content is available at any time and at every location.
7. The seller reserves the right to refuse participation at all times.
8. The seller is entitled to expand, limit or adjust the content of a course or training.
9. The Customer acquires a limited and personal right to use the content for personal purposes. The content is intended to inspire, not to copy. The customer is entitled to make limited screenshots of the content, if this is provided with the name of the seller when published on social media.
10. The customer is not allowed to use the acquired knowledge in the 12 months after following the content to create a similar offer itself.
11. The information supplied during the term of the content remains the property of the seller. It will indicate in good time until when the content is available. It is the customer’s own responsibility to inspect the material in a timely manner and where it is possible to store it.
12. While following the content, customers can communicate with each other, for example by posting comments in the community under posts. The customer declares not to send spam or other unwanted messages. Acting in violation of these terms and conditions may result in immediate denial of access and use of the seller’s services.
13. The seller is at all times free to remove communication or other parts of the shared information without further notice, if the content of this communication and information justifies its removal.
14. The seller reserves the right to exclude buyers whose behavior hinders or complicates the course of an agreement from further participation and, if necessary, from future participation. Exclusion does not affect the obligation to pay the costs for the relevant content.
Article 13 Force majeure
1. In the event of force majeure, the parties are entitled to interrupt or move the agreement. Force majeure applies, among other things, if the execution of the agreement, temporarily or otherwise, is prevented by circumstances over which the parties cannot reasonably exert influence, such as illness, accidents, fire, a pandemic or government measures.
2. If a situation as described in the first paragraph of this article arises, or if other circumstances occur as a result of which the agreement cannot be continued temporarily, the obligations will be suspended as long as the parties cannot fulfill their obligations. In such a situation, the parties jointly look for a solution, such as relocation. If this situation continues without an appropriate solution, both parties have the right to dissolve the agreement in writing without cancellation. In such a case, the costs incurred and hours worked up to that point will become immediately due and payable.
3. In the event of a business agreement, the parties are obliged to move the agreement and the payment obligation remains in effect, unless otherwise agreed.
Article 14 Liability for damage
1. The seller is not liable for damage arising from this agreement, unless the damage is caused intentionally or with gross negligence.
2. The seller is not liable for damage caused by relying on incorrect or incomplete information provided by or on behalf of the customer.
3. The customer remains responsible at all times for the application or performance of knowledge or actions as acquired during an agreement.
4. The seller is not liable for loss, theft or damage to the customer’s personal property during an agreement.
5. In the event that the seller owes compensation to the customer for causing direct damage, the damage shall not exceed the amount paid out by the liability insurance, or, if payment is not made, the amount that charged by the seller to the customer.
6. The buyer indemnifies the seller against all third-party claims related to the services, products and content it provides.
Article 15 Intellectual property
1. The intellectual property rights to the materials, advice and content made available by the seller to the customer are vested in the seller. The customer is expressly not permitted to reproduce, publish or make available to third parties the material and documentation provided without prior permission.
2. Any act in violation of this article is regarded as copyright infringement.
3. In the event of infringement, the seller is entitled to compensation amounting to at least three times the license fee normally applied by it for such form of use, without losing any right to compensation for other damage suffered.
Article 16 Communication
1. Both parties are bound to secrecy with regard to all confidential information that they have obtained in the context of their agreement. The customer is referred to the privacy statement for more information.
2. The seller reserves the right to exclude customers who, through their behavior, hinder or complicate the course of a workshop or lesson, from further participation in the relevant workshop or lesson or future workshops or lessons. Exclusion does not affect the obligation to pay the costs for the workshop or lesson concerned.
Article 17 Complaints
1. The customer is obliged to make complaints about quotations, invoices and/or the delivered services or products known to the seller in writing and with reasons within 7 calendar days after the complaint has arisen. It aims to deal with complaints within 7 calendar days.
2. If the packaging of a delivered product is opened or damaged, the customer must have the delivery person make a note of this before receiving the product, failing which the seller cannot be held liable for any damage.
3. Other complaints must be made known within the warranty period.
4. From 15 February 2016 it is also possible for consumers in the EU to register complaints about physical purchases from the webshop via the ODR platform of the European Commission. This ODR platform can be found at http://ec.europa.eu/odr . If the complaint is not yet being handled elsewhere, the consumer is free to file the complaint via the European Union platform.
5. Submitting a complaint does not suspend the payment obligation.
Article 18 Dispute Resolution
1. Dutch law applies to these general terms and conditions.
2. The parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation. Disputes will only be settled in the district in which the seller is established, unless a legal obligation provides otherwise.
3. Contrary to the statutory limitation periods, the limitation period for all claims and defenses against the seller and third parties involved is 12 months.