TERMS AND CONDITIONS
Article 1. Definitions
In these conditions the following terms have the following meanings
1. Seller: the natural or legal person who offers products, (access to) digital content and / or services (at a distance) to consumers;
EdIT.school;
Tel: +31 85 0606 254 click here for openinghours);
Email: start@edit.school;
Website: https://www.edit.school;
Chamber of Commerce: 71226494;
Office / visiting address also Business address: Keurenplein 4 (A4768), (1069 CD) in Amsterdam (no visiting address);
also acting under the name MKRWS., Makerwijs;
VAT number: NL002084587B45.
2. Buyer: the natural person, not acting in the exercise of a profession or business, who enters into an agreement and / or distance contract with the Seller;
3. Consumer: see the “Buyer”;
4. Agreement: the agreement concluded between the Seller and the Consumer, including the Distance Agreement;
5. Distance Agreement: the Agreement which is concluded outside the sales area of the Seller by means of an organized system (for example a web shop) that aims to enable the distance selling of products, digital content and / or services;
6. Additional agreement: an agreement whereby the Consumer acquires products, digital content and / or services in connection with a distance contract and these goods, digital content and / or services are supplied by the Seller or by a third party on the basis of a agreement between that third party and the Seller;
7. Reflection period: the period within which the Consumer can make use of his right of withdrawal;
8. Day: calendar day;
9. Digital content: data that is produced and delivered in digital form;
10. Duration agreement: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
11. Durable medium: any tool – including e-mail – that enables the Consumer or Seller to store information that is addressed to him personally in a way that facilitates future consultation or use during a period that is tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
12. Right of withdrawal: the option of the Consumer to cancel the distance contract within the cooling-off period;
13. Model withdrawal form: the European model withdrawal form;
14. Technology for distance communication: means that can be used to conclude an agreement, without the Consumer and Seller having to be together in the same room at the same time;
15. Conditions: the present sales and delivery conditions.
Article 2. The Agreement
1. These Terms and Conditions always apply to all offers from the Seller and to any Agreement concluded, including a Distance Agreement, between the Seller and the Consumer.
2. In the event of a written quotation or written order confirmation from the Seller, this quotation or order confirmation is deemed to represent the entire Agreement and replaces all prior written and oral agreements, statements and / or statements by the parties. Changes / additions to the text of the quotation or order confirmation only form part of the Agreement in addition to the quotation or order confirmation if this is explicitly acknowledged in writing by the Seller, whereby in the event of a conflict the text of the quotation or order confirmation will prevail.
3. The Seller reserves the right to unilaterally amend these Conditions, insofar as the performance to be provided by the Seller does not differ materially from the promised performance as a result of this amendment. The Consumer is deemed to have accepted the changes in question if the Seller has not received a written protest from the Consumer within 14 Days of having notified the change in writing.
4. Offers from the Seller have a limited validity of 10 working days, unless stated otherwise in writing. The Seller always has the right to revoke a quotation accepted by the Consumer within two working days after receipt of the acceptance thereof. The Consumer cannot derive any rights from information from quotations, brochures, advertising materials or from the Seller`s website.
5. If any provision of these general terms and conditions is not valid for whatever reason, the conditions will remain in force for the remainder and the parties will negotiate the content of a new provision, which provision approaches the purport of the original provision as closely as possible.
Article 3. The Performance
1. If no specific standards or regulations have been agreed, the Seller will deliver in accordance with what the Seller could reasonably assume.
2. The goods that the Seller offers have those properties that the Seller has made known with regard to the goods. The Seller does not guarantee that the goods are suitable for the purpose for which the Consumer wishes to use them, even if this purpose has been made known to the Seller. The goods may differ slightly from any samples, models or images made available or provided to the Consumer by the Seller.
Article 4. Price and payment
1. Unless otherwise agreed, prices are inclusive of VAT and exclusive of transport and packaging.
2. Price increases arising from additions and / or changes to the order and / or the specifications of the goods to be delivered at the verbal or written request of the Consumer are entirely at the expense of the Consumer.
3. All costs resulting from circumstances that the Seller could not reasonably have to take into account when entering into the Agreement, will be borne by the Consumer.
4. Unless otherwise agreed in the Agreement, all payments by the Consumer to the Seller must be made to a bank account number to be designated by the Seller in euros and no later than fourteen (14) Days after the start of the Reflection Period, if no Reflection period applies no later than fourteen (14) Days after the conclusion of the Agreement, in the event that the Agreement provides for the provision of a service fourteen (14) Days after the Consumer has received confirmation of the Agreement. This concerns a “payment term” within the meaning of art. 6:83 sub a BW.
5. If indicated by the Seller, the Consumer is entitled and obliged (also) to pay in a manner other than in cash, for example – but not limited to – by transfer of goods (deposit payment).
6. If the Consumer remains in default after the expiry of the period referred to in the previous paragraph, the Seller will give him notice of default, as a result of which the Consumer will be in default, with in any case the following consequences:
a. The consumer owes interest equal to the statutory interest applicable at that time
for non-commercial transactions (on 1-1-2020 this interest was 2% per year) on the outstanding
invoice / invoices;
b. The consumer owes collection costs, which are calculated on the balance as follows
outstanding portion of principal:
i. on the first € 2,500.00: 15%
ii. on the next € 2,500.00: 10%
iii. on the next € 5,000.00: 5%
iv. on the next € 190.00: 1%
v. above € 200,000.00: 0.5%;
vi. the collection costs amount to a minimum of € 50.00 and a maximum of € 6,775.00.
7. Payments made by the Consumer will always first be used to deduct all costs and interest owed and then of invoices due and payable that have been outstanding the longest, even if the Consumer states that payment relates to (a) later invoice (s).
Article 5. Quality and complaints
1. The Consumer must immediately upon delivery (in any case within two (2) months after receipt) check the delivered goods for quantities, quality, visible damage, properties or defects and report this to the Seller in writing or by e-mail under stating the order and / or invoice number and sending (a copy of) the consignment note. After this period has expired, it is deemed that the goods comply with the Agreement.
2. The Consumer can no longer invoke defects other than those referred to in the previous paragraph if he has not made a written complaint to the Seller within two (2) days after he discovered or should reasonably have discovered the defect.
3. If the Consumer processes the goods in whole or in part or has them processed, the Consumer has approved the goods. In that case, any liability of the Seller will lapse.
Article 6. Delivery, delivery times
1. A delivery period agreed by the parties commences after the Seller has received all information necessary for the delivery and, if agreed, a payment or advance payment from the Consumer.
2. An agreed delivery period can in no case be regarded as a deadline. In the event that the Seller does not or not timely fulfill the delivery period, the Consumer will give the Seller written notice of default and offer the Seller the opportunity to still fulfill its obligations within a reasonable period.
3. Products ordered by the Consumer will be delivered no later than thirty (30) Days after the Seller has accepted the order. If delivery is impossible within this period, the Seller will notify the Consumer of this as soon as possible. In that case, the Consumer has the option to reclaim any advance payment for the relevant order within seven (7) Days after receiving the notification. In such case, the Seller will refund the prepayment to the Consumer within thirty (30) Days.
4. The Seller is entitled to deliver in parts, whereby each partial delivery can be invoiced separately.
5. The risk for the products to be delivered transfers from the Seller to the Consumer at the time of delivery.
Home delivery
6. If the Consumer uses a carrier offered by the Seller for transport, delivery will take place at the moment that the Consumer, or a third party designated by the Consumer who takes receipt of the product, or at least a third party who takes delivery of the product on behalf of the Consumer, with the exception of the carrier, takes delivery of the product.
7. In case of paragraph 6, the transport of the products is at the risk of the Seller and at the expense of the Consumer.
Own carrier
8. If the Consumer uses a carrier for transport, other than a mode of transport offered by the Seller, delivery will take place when the carrier takes delivery of the product.
9. In case of paragraph 8, the transport of the products is at the risk and expense of the Consumer.
Article 7. Right of withdrawal for Consumer in the case of Distance Contract
1. The Consumer can dissolve the Distance Agreement within the Cooling-off Period.
2. The Consumer notifies the Seller of this dissolution of the Distance Agreement by means of the Model Right of Withdrawal Form or in another unambiguous manner.
3. The Reflection Period is fourteen (14) Days.
With products
4. Day of receipt is the day on which the Consumer, or a third party designated by the Consumer who takes receipt of the product, or at least a third party who takes delivery of the product on behalf of the Consumer, with the exception of the carrier, has received the product (hereinafter: the Day of receipt).
5. The Reflection Period referred to in paragraph 3 starts on:
a. the Day after the Day of receipt;
b. in the event that the Consumer has ordered several products in one (1) order, the Day of
receipt of the last product;
c. in the event that the Consumer order contains a product that is delivered in several
shipments or that consists of several parts, the Day of receipt of the last shipment or
the last part;
d. in the event that there is regular delivery of products during a certain period
period, the Day of receipt of the first product.
For services and digital content:
6. The Consumer may dissolve the Distance Agreement in accordance with paragraphs 1 and 3 of this article if the Distance Agreement provides for the delivery of a service or digital content that is not supplied on a tangible medium and the Consumer has not given explicit, prior consent. – has thereby declared – to waive his right of dissolution.
a. In the case of paragraph 6, the Reflection Period referred to in paragraph 3 commences on the Day on which the
Remote Agreement has been concluded.
b. If the Seller provides the legally required information about the right of withdrawal or the
Model right of withdrawal form has not been provided with an agreement as described in
paragraph 6, the Reflection Period will expire fourteen (14) Days after he has done so.
c. If the Seller provides the legally required information about the right of withdrawal or the
Model right of withdrawal form has not been provided with an agreement as described in
paragraph 6, the Reflection Period will in any case start twelve (12) months after the Reflection Period as stated
sub a.
Obligations Consumer:
7. During the Reflection Period, the Consumer may unpack or use the product with the aim of determining the nature, characteristics and functioning of the product in a way in which he would do this in the store. The Consumer will handle the product and the packaging with care and will limit the unpacking or use of the product to a minimum that is reasonably necessary, in view of the purpose stated in this paragraph.
8. The Consumer is liable for any depreciation that occurs due to unpacking or use that exceeds the provisions of paragraph 7.
9. If the Seller has not provided the Consumer with all legally required information regarding the right of withdrawal before or when concluding the Distance Agreement, the Consumer is not liable for the depreciation referred to in paragraph 7.
10. The Consumer sends the product, including all accessories, in the -as far as reasonably possible- original condition and packaging.
11. The Consumer bears the costs of the return shipment.
12. The burden of proof with regard to the provisions of paragraphs 7 to 11 inclusive lies with the Consumer.
Obligations of the Seller in case of withdrawal:
13. If the Seller makes it possible for the Consumer to notify the withdrawal electronically and the Consumer makes use of this option, the Seller will immediately send a confirmation of receipt to the Consumer upon receipt of this notification.
14. The Seller will immediately reimburse all the costs paid by the Consumer, in any case within fourteen (14) Days. If the Seller offers to collect the product himself, the Seller may postpone reimbursement of the costs until the moment that he receives the product or the Consumer has demonstrated that he has returned the product. If, when concluding the Distance Agreement, the Consumer has opted for a method of delivery that is more expensive than the cheapest method of delivery offered by the Seller, the Seller may limit the delivery costs to be refunded to the costs of the cheapest delivery.
Exclusion of the right of withdrawal:
15. The Seller excludes the Consumer`s right of withdrawal, by stating this in the offer or in any case in time for the conclusion of the agreement, for the following products / services:
a. Sealed products that are not suitable for reasons of health protection or hygiene
to be returned and of which the seal has been broken after delivery;
b. The delivery of digital content other than on a tangible medium, but only if:
i. the performance has started with the explicit prior consent of the Consumer;
and
ii. the Consumer stated that he thereby loses his right of withdrawal.
16. The right of withdrawal referred to in this article only accrues to the consumer if he has concluded a distance agreement with the seller.
Article 8. Duration transactions: duration, cancellation and extension
Cancellation:
1. If the Agreement is concluded for an indefinite period or for a definite period with a duration of more than 1 (one) year, both the Seller and the Consumer can terminate the Agreement in writing with due observance of a notice period of 1 (one) month. If the Agreement has been concluded other than in writing, both the Seller and the Consumer can cancel the Agreement in a corresponding manner.
Elongation:
2. If the Agreement concerns an agreement that extends to the regular delivery of products or services and is tacitly extended or renewed in an agreement for a definite or indefinite period, both the Seller and the Consumer may terminate the continued agreement at any time with due observance of a notice period of 1 (one) month.
Expensive:
3. If the Agreement has a fixed term of more than one year or an indefinite term, both the Seller and the Consumer may terminate the Agreement at any time from 1 (one) year after its commencement, with due observance of a notice period of 1 (one) month.
Article 9. Complaints procedure
1. Complaints about the performance of the Agreement must be submitted fully and clearly described to the Seller within a reasonable time after the Consumer has discovered the defects.
2. Complaints submitted to the Seller will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the Seller will reply within the period of 14 days with a confirmation of receipt and an indication when the Consumer can expect a more detailed answer.
3. The Consumer must in any case give the Seller 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement.
Article 10. Applicable law and disputes
1. Only Dutch law is applicable to the Agreement.
2. The court that has jurisdiction in the municipality where the Seller is established is exclusively competent. If another court has jurisdiction in the municipality where the Consumer resides, this court has joint jurisdiction.
(Download the Terms and Conditions as a PDF document.)
