CONTENTS ARTICLE 1 - Definitions ARTICLE 2 - The Entrepreneur’s identity ARTICLE 3 - Applicability ARTICLE 4 - The offer ARTICLE 5 - The contract ARTICLE 6 - Right of withdrawal ARTICLE 7 - Costs in case of withdrawal ARTICLE 8 - Exclusion of the right of withdrawal ARTICLE 9 - The price ARTICLE 10 - Conformity and Guarantee ARTICLE 11 - Delivery and execution ARTICLE 12 - Continuing performance contract ARTICLE 13 - Payment ARTICLE 14 - Complaints procedure ARTICLE 15 - Disputes ARTICLE 16- Returns ARTICLE 17- Account ARTICLE 18- Webinars ARTICLE 19- Payment Plan
ARTICLE 1 – Definitions In these Terms and Conditions, the following terms shall have the following meanings: Entrepreneur: Us (Strawberry Campus) Consumer: the natural person not acting in the exercise of his/her profession or business and entering into a distance contract with the entrepreneur; Distance Contract: a contract in which, up to the conclusion of the contract, exclusive use is made of one or more technologies of distance communication within the scope of the system organised by the Entrepreneur for distance sale of products and/or services; Technology for distance communication: a means to be used for concluding an agreement, without the consumer and the entrepreneur being together in the same place at the same time. Cooling-off period: the period during which the Consumer may exercise the right of withdrawal; Right of withdrawal: the option for Consumers to withdraw from the distance contract within the cooling-off period; Day: calendar day; Continuing performance contract: a distance contract concerning a series of products and/or services, for which the offer and/or purchasing obligation is spread over a longer period; Long-term data carrier: any means that allow the Consumer or the Entrepreneur to store information directed to him/her personally in a way to make future consultation and unaltered reproduction of the stored information possible.
ARTICLE 2 – The Entrepreneur’s identity Strawberry Campus Buxusplaats 116 5038HK Tilburg The Netherlands firstname.lastname@example.org
ARTICLE 3 – Applicability
These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Consumer.
Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available to the Consumer. If this is reasonably not possible, the Entrepreneur, before concluding the distance contract, shall notify that the General Terms and Conditions can be inspected at the Entrepreneur´s and that, at the Consumer´s request, they will be sent to the Consumer free of charge as soon as possible.
If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long-term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically before concluding the distance contract, and that they will be delivered at the Consumer´s request free of charge, either via electronic means or otherwise;
If in addition to these General Terms and Conditions specific product or service conditions apply, the second and third paragraphs shall apply accordingly, and in the event of contradictory General Terms and Conditions, the Consumer may always appeal to the applicable provision that is most favourable to him/her.
ARTICLE 4 – The offer
If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
The offer contains a full and accurate description of the products and/or services offered. The description is suitably detailed to enable the Consumer to assess the products and/or services adequately. If the Entrepreneur makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer are not binding for the Entrepreneur.
All offers contain such information that it is clear to the Consumer what rights and duties are attached to accepting the offer. This involves in particular:
the price, including taxes;
any delivery costs, if applicable;
the way in which the agreement will be concluded, and what actions are needed to establish this;
whether or not the right of withdrawal is applicable;
the form of payment, delivery or performance of the contract;
the time frame for accepting the offer, or , as the case may be, the time frame for honouring the price;
the rate of distance communication if the costs for using the technology for distance communication are calculated on a basis other than the basic rate;
if the contract is filed after conclusion, how the Consumer can consult it;
the manner in which the Consumer may acquaint him/herself with undesired actions before concluding the contract, and the way the Consumer may correct these actions before the contract is concluded;
any languages other than Dutch in which the contract can be concluded;
the codes of conduct to which the Entrepreneur has submitted and the manner in which the Consumer can consult these codes of conduct via electronic means, and
the minimum duration of the distance contract in the event of a contract for continuous or periodical delivery of products or services.
ARTICLE 5 – The contract
Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
If the consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm the receipt of the acceptance of the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.
If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures.
The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request while giving reasons, or to attach special terms to the implementation.
The Entrepreneur shall send the following information along with the product or service, in writing or in such a way that the Consumer can store it in an accessible manner on a long-term data carrier: a. the visiting address of the Entrepreneur´s business establishment where the Consumer may get into contact for any complaints; b. the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about being exempted from the right of withdrawal; c. the information corresponding to existing after-sales services and guarantees; d. the information as stated in article 4 paragraph 3 of these Terms and Conditions, unless the Entrepreneur has already provided the Consumer with this information before the performance of the contract; e. the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.
If the Entrepreneur has undertaken to deliver a series of products or services, the stipulation in the previous paragraph applies to the first delivery only.
ARTICLE 6 – Right of withdrawal When delivering products:
When purchasing products, the Consumer has the option to repudiate the contract without specifying any reasons for a period of at least 14 days. This period starts on the day the product is received by or on behalf of the Consumer.
During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary to judge whether he or she wishes to keep the product. If wishing to exercise the right of withdrawal, the Consumer shall return the product with all delivered accessories and, as far as reasonably possible, in the original condition and packaging to the Entrepreneur in conformity with the Entrepreneur´s reasonable and clear instructions. When providing services
When providing services, the Consumer has the option to repudiate the contract without specifying any reasons, for a period of at least 14 days starting on the day of concluding the contract.
To exercise the right of withdrawal, the Consumer shall follow the reasonable and clear instructions given by the Entrepreneur in this context during the offer and/or before the delivery.
ARTICLE 7 - Costs in case of withdrawal
Should the Consumer exercise the right of withdrawal, only the returning costs are at the Consumer´s expense.
If the Consumer has made a payment, the Entrepreneur shall return this amount as soon as possible, but within not more than 30 days after the return or withdrawal.
ARTICLE 8 - Exclusion of the right of withdrawal
If the Consumer does not have the right of withdrawal, the Entrepreneur can exclude this right only if the Entrepreneur indicated this clearly in the offer or at least in good time before concluding the contract.
Exclusion of the right of withdrawal is only possible for products: a. that were realised according to the Consumer’s specifications; b. that are obviously personal in nature; c. that cannot be returned due to their nature; d. that spoil or age quickly; e. whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control; f. for single newspapers and magazines; g. for audio and video recordings and computer software of which the Consumer has broken the seal;
Exclusion of the right of withdrawal is only possible for services a. regarding accommodation, transportation, restaurant establishments or leisure activities to be used or performed on a certain date or during a certain period; b. of which the provision has been started with the Consumer’s explicit consent before the expiration of the cooling-off period; c. regarding betting and lotteries;
ARTICLE 9 - The price
The prices of the products and/or services provided shall not be raised during the validity period stated in the offer, subject to changes in price due to changes in VAT rates.
Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
Price increases within 3 months after concluding the contract are permitted only as a result of new legislation.
Price increases from 3 months after concluding the contract are permitted only if the Entrepreneur has stipulated it and a. they are the result of legal regulations or stipulations, or b. the Consumer has the authority to cancel the contract before the day on which the price increase starts.
All prices indicated in the provision of products or services are including VAT.
ARTICLE 10 – Conformity and Guarantee
The Entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded.
An arrangement offered as a guarantee by the Entrepreneur, Manufacturer or Importer shall not affect the rights and claims the Consumer may exercise against the Entrepreneur about a failure in the fulfilment of the Entrepreneur’s obligations based on the law and/or the distance contract.
ARTICLE 11 – Delivery and execution
The Entrepreneur shall exercise the best possible care when booking and when executing product orders, and when assessing requests for the provision of services.
The place of delivery is at the address given by the Consumer to the company.
3.With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Company shall execute accepted orders with convenient speed but at least within 30 days, unless a longer delivery period was agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.
In the event of repudiation under the preceding paragraph, the Entrepreneur shall return the payment made by the Consumer as soon as possible but at least within 30 days after repudiation.
If delivering an ordered product turns out to be impossible, the Entrepreneur shall make an effort to offer an equivalent replacement product. Before the delivery, it shall be reported in a clear and comprehensible manner that a replacement product will be delivered. The right of withdrawal may not be excluded with replacement products. The costs of the return shipment are to be borne by the Entrepreneur.
Unless explicitly agreed otherwise, the risk of loss of and/or damage to products shall remain with the Entrepreneur until the time they are delivered to the Consumer.
ARTICLE 12 – Termcontracts: duration, termination and renewal
Regarding a indefinite contract, which extends to the regular delivery of products (including electricity) or services the consumer may terminate at any time in compliance to the applicable termination rules and a notice of up to one month.
Regarding a definite contract, which extends to the regular delivery of products (electricity included) or services the consumer can terminate the contract at any time at the end of the fixed term in compliance with the applicable termination rules and with a notice of at the most one month.
Consumers can the agreements mentioned in the preceding paragraphs: - Cancel at any time and not be limited to termination at a particular time or in a given period; - At least cancel the same way as they are entered into by the consumer; - Cancel at the same notice as the company has negotiated for itself. Extension
A contract for a definite period, which extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.
Notwithstanding the preceding paragraph, a contract for a definite period, which extends to the regular delivery of daily news and weekly newspapers and magazines be tacitly renewed for a maximum of three months if the consumer agreement that has been extended towards the end of the extension may be terminated with a notice of up to one month.
A contract for a definite period, which extends to the regular delivery of products or services may only be extended tacitly for an indefinite period if the consumer may cancel at any time with notice of one month and a notice of up three months if the contract is about regularly, but less than once a month, delivering daily, news and weekly newspapers and magazines.
Agreements with a limited duration of regular delivery of trial days, news and weekly newspapers and magazines (trial or introductory subscription) is terminated automatically and not tacitly continued after the trial or introductory Duration
If a contract lasts more than one year, after one year of the agreement the consumer may at any time terminate with a notice of up to one month prematurely, unless the reasonableness and fairness resisting the termination before the end of the agreed term.
ARTICLE 13 – Payment
Unless otherwise agreed, the amounts to be paid by the Consumer are to be settled within 14 days after delivery of the goods, or in the event of an agreement to provide a service, within 14 days after the delivery of documents relating to this service.
The Consumer has the duty to inform the Entrepreneur promptly of possible inaccuracies in the payment details.
In case of nonpayment on the part of the Consumer, and subject to legal restrictions, the Entrepreneur is entitled to charge any predetermined reasonable costs incurred to the Consumer.
ARTICLE 14 – Complaints procedure
The Entrepreneur shall have a sufficiently notified complaints procedure and shall handle the complaint in accordance with this complaint procedure.
Complaints about the performance of the contract shall be submitted to the Entrepreneur fully and clearly described within a reasonable time after the Consumer has discovered the defects.
The complaints submitted with the Entrepreneur shall be replied within a period of 14 days after the date of receipt. Should a complaint demand a foreseeable longer time for handling, the Entrepreneur shall respond within 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.
A complaint about a product, a service or an after-sales service that the Entrepreneur provided can also be submitted via a complaints form given at the website of PayPal (when order is paid using PayPal). The complaint will then be sent both to the Entrepreneur in question and to PayPal.
If the complaint cannot be solved in joint consultation, there will be a dispute that is open to the dispute settlement rules.
ARTICLE 15 - Disputes
Contracts between the Entrepreneur and the Consumer, to which these General Terms and Conditions apply, are exclusively governed by Dutch law.
Disputes will be handled according to PayPal’s terms of service
ARTICLE 16 - Returns
Returns are available as long these terms and conditions are not violated (see Article 17)
Consumer may request a refund within 30 days of purchase
For us to accept your return the product must be in its original condition. We reserve the right to refuse returns or to charge you our fees and expenses if the product is received otherwise than in accordance with this requirement. We reserve the right to refuse returns or to charge you our fees and expenses if the product is received otherwise than in accordance with this requirement.
Entrepreneur will refund accepted products within 14 days after confirmation
Consumer will be notified during the return process about what to expect
ARTICLE 17 - Account
Consumer account gives access to purchased products and services
Consumer account acts as a centralized place for tracking webshop orders, invoices, inner circle rankings, webinar access, personal details and other
Your account may not be shared with others, it is solely meant for a single person's use
Sharing your account details with others can result in the closure of your account
Account sharing is a violation of our terms and conditions, this means you can no longer request a refund on purchased products
All personal data is stored using heavy encryption in our database
It is consumer's responsiblity to enter valid personal details to make sure all products are delivered at the right destination
ARTICLE 18 - Webinars
Webinars will be held within the account area of this website
To keep latency as low as possible the technique that is being used is Flash
Consumer is able to interact with the teacher during webinars via at least chat, polls and when opened by teacher: voice calls.
A recording of the webinar will be available for at least 7 days after it is being held when Entrepreneur decides to publish it
Recording may be removed after 7 days without further notice
Recordings may not be shared with third parties, by doing so, consumer risks the closure of their account while having no access to a refund.
Entrepreneur only publishes recordings when appropriate, for example for paid products
Consumer accepts that any recording can be used within later products / new releases
Consumer accepts that recordings that have consumer in it, either via chat, audio or visually are freely available by Entrepreneur to use in future products, promotions or both.
Webinars will be held at set times, communicated in multiple time zones.
If, for whatever reason, the webinar cannot be held at set time the Entrepreneur is free to reschedule the webinar toa later time or a different day.
Consumer is responsible for its own attendance. Missing a live webinar does not give you any extra rights for refunds or other means.
ARTICLE 19 - Payment Plan
Our webshop offers a payment plan during certain purchases
Payment instances are automatically conducted by PayPal
If, for whatever reason, a payment fails, consumer is responsible for a successful after-payment within 3 days
Payment Plans are entered as an automatically ending subscription of two future terms with an immediate payment for the first term.
If, for whatever reason, consumer ends this subscription on their end, the full outstanding amount is due immediately
If payment remains outstanding for 3 days entrepreneur will remind consumer one last time before hiring a third party for money recovery
Each paid term is confirmed by entrepreneur using a receipt in PDF format automatically sent by email
When a payment installment fails, the consumer has no longer the right to attend purchased services (for example live webinars or downloads) and their account may be closed