Algemene voorwaarden SparkWise Academy
1. General & Applicability
1.1 SparkWise Academy and SparkWise Institute are trade names of SparkWise Netherlands B.V., located in Almere in the SketchHouse at the address Randstad 22-9, registered in the Commercial Register of the Chamber of Commerce under number 63889056. E-mail address: office@sparkwise.nl. SparkWise is officially registered as a training institute with the CRKBO. Follow this link: https://www.crkbo.nl/Register/Instellingen and enter SparkWise in the search box.
1.2 These terms and conditions apply to all agreements between SparkWise Academy, hereinafter “SWA” and the natural or legal person hereinafter “the customer”, and to all offers and quotations provided by SWA to the customer, which involve the online delivery of courses or the online purchase of products.
1.3 The customer is any natural or legal person who purchases online courses and/or online products through SWA’s website www.sparkwiseacademy.com.
1.4 SWA is entitled to amend these general terms and conditions from time to time. The amended general conditions shall be published on SWA’s website and shall apply from the day of publication or date indicated on the website. The amended general conditions shall apply to all new agreements and to all current and ongoing agreements, insofar as they are executed after the day of the announcement.
1.5 These terms and conditions may only be deviated from if the parties have expressly agreed to this in writing.
2. Conclusion of agreement, right of withdrawal
2.1 The agreement is concluded after SWA has sent a confirmation by email to the customer who has placed an order and paid via the website for:
(a) an online (digital) course, by completing the appropriate form on the website, agreeing to the general conditions and clicking on “checkout”;
b) an additional product.
2.2 The customer who orders an online (digital) course thereby undertakes to pay the full course fee for the entire duration of the course. The online (digital) course consists of parts, which are collected in advance per month, or per part, so that each payment provides access to a new chapter.
2.3 By clicking on the “checkout” button on SWA’s website when placing the order for an online (digital) course:
(a) the customer pays the first installment for the first part of the online (digital) course; and
(b) agrees to direct online delivery of the first part of the course; and thereby
c) the customer waives his or her right of withdrawal. The customer will be made aware of this before placing the order and before checkout.
2.4 SWA sends the confirmation to the customer by E-mail and provides access to the first part of the online (digital) course, which the customer can then immediately view on a digital device, such as a computer, tablet or phone (if suitable).
2.4 The agreement is irrevocable after SWA sends the confirmation, unless it concerns the purchase and delivery of additional physical products, in which case the customer does have a right of withdrawal.
3. Duration of agreement
3.1 The free course part is a full course part, which is made available by SWA via a registration form. This is to allow the user to experience for himself how the course works, what content a course section has and how the information is provided. The free course section can be carried out by the user at his/her own pace and does not oblige the user to anything else.
3.2 In the case of an online (digital) paid course, the agreement is entered into for a term of 12 months, or 12 parts, which, in the absence of timely notice of termination as stipulated in 3.3, shall be automatically extended by 3 months each time.
3.3 During the first 12-month, or 12 parts term, the agreement cannot be cancelled, which means that the full course fee for entering into the course is due.
3.4 The initial 12-month, or 12 parts term can be terminated by giving notice no later than 30 days before the end of that 12 month, or 12 parts term, via the indicated internal back office link after logging on to SWA’s website.
3.5 The agreement may be terminated after the expiration of the first 12 months, or 12 parts term, by giving 30 days notice by the end of the current term.
4. Prices
4.1 All prices are in euros and exclusive of sales tax and other legal charges. If prices are exempt from VAT this will be stated as such.
4.2 Prices for additional products to be provided by SWA, which the customer can purchase online in addition to the course, will be stated separately and are in no case included in the price for the online (digital) course.
4.3 The prices displayed by SWA are valid as long as the offer has not been accepted by the customer by placing an order.
4.4 If SWA renews or upgrades the online (digital) courses to an updated level, SWA is entitled to adjust the price accordingly. The price increase will be indicated on SWA’s website.
5. Payment, direct debit
5.1 Payment for the first installment for the first part of the online (digital) course and for additional products, is made at the time of purchase, by clicking on “Checkout” when placing the order.
5.2 Payment of the remaining installments for the subsequent parts of the online (digital) course shall be made exclusively by automatic collection by SWA from the customer, to a bank account designated by SWA.
5.3 Upon placing the order, the customer authorizes SWA to collect the remaining installments for the subsequent parts of the online (digital) course during the term of the course, each week or month on the same date as the agreement is entered into by SEPA transfer from the customer.
5.4 The customer shall not be entitled to set off any claim against SWA against the amounts charged by SWA.
5.5 If the collection is not possible or is reversed, SWA shall immediately suspend the execution of the agreement. The customer shall be in default by operation of law without notice of default being necessary. From that moment on the customer shall owe SWA statutory commercial interest as referred to in Article 6:119a Dutch Civil Code.
5.6 In case no payment has been received after a reminder, the customer shall owe a penalty equal to 10% of the annual principal amount owed by the customer to SWA including VAT, regardless of whether SWA has incurred extrajudicial collection costs and without prejudice to SWA’s right to claim damages.
5.7 Without prejudice to SWA’s other rights under this article, the customer shall be obliged to reimburse SWA for the (collection) costs incurred by SWA, insofar as they go beyond sending a demand letter or settlement proposal. The costs shall be determined on the basis of the Extrajudicial Collection Costs Standardization Act and the related decree.
5.8 The applicability of Article 6:92 of the Dutch Civil Code is excluded with regard to the penalty clause included in this article.
6. Performance and confidentiality
6.1 SWA delivers the online (digital) courses and additional products as they are and does not adapt them to the specific needs of the customer.
6.2 SWA reserves the right to modify, expand or delete the offer and content of its online (digital) courses (or parts thereof) at its own discretion. In that case, the customer shall not be entitled to a refund of any amounts paid or deduction of any outstanding fees.
6.2 SWA shall make every effort to provide the best possible service with respect to the online (digital) courses, by making the (parts of the) courses available online via the website and by keeping them available. The customer has access to these (provided the customer has paid for the relevant course parts) 24 hours a day and 7 days a week. In case access is not possible due to maintenance, this will be announced in advance on the website.
6.3 SWA has no influence on and is not responsible for the operation of the digital content of the online (digital) courses on the customer’s computer systems, browser useage, firewalls, VPN and/or anti hacking software limitations.
6.4 SWA is not responsible for the operation of the customer’s computer systems, nor for interruptions of the online (digital) courses due to any failures in the Internet connections (used by the customer). This does not void the customer’s payment obligation, nor is there any right to a refund, regardless of the actual availability or degree of use, for whatever reason. The customer’s payment obligation shall continue to apply during the term of the agreement, regardless of the customer’s actual use of the online (digital) course.
6.5 All information (in whatever manner) provided by the customer to SWA shall be treated confidentially and in accordance with the AGV/GDPR.
6.6 SWA processes personal data in accordance with the requirements of privacy legislation. The privacy statement on SWA’s website explains how SWA does so.
7. Obligations of customer
7.1 In connection with the conclusion of an agreement for an online (digital) course, the customer is obliged to provide SWA with the correct data so that SWA can actually collect the money owed by the customer. The customer shall inform SWA immediately by email in case of changes in data previously provided by him/her. Or the customer can change the data himself/herself in the back office after logging in to the personal account. SWA’s processing of personal data is subject to SWA’s privacy regulations.
7.2 The customer himself is responsible for keeping confidential any data provided by SWA in relation to accessing the online (digital) course, and following it.
7.3 All intellectual property rights relating to the online (digital) courses and SWA’s complementary products belong expressly and exclusively to SWA. The customer is not permitted to disclose, rent, sell or otherwise make available those rights, nor the data provided by SWA and/or (parts of) the online (digital) course to third parties without SWA’s express written consent. SWA will not withhold such permission on unreasonable grounds, nor if such information was generally known or must be disclosed as a result of a court order.
8. Dissolution and termination.
8.1 The customer shall be in default if he/she fails to fulfill any obligation under the agreement or fails to do so in a timely manner, and fails to comply with a written demand to fulfill it in full within a set reasonable period.
8.2 If payment of the installments for the online (digital) course remains outstanding for more than three months after a reminder to do so, SWA is entitled to dissolve the agreement. The customer shall be liable for the resulting damage for SWA.
8.3 In case of default of the customer, SWA shall be entitled, without any obligation to pay damages or payment of accrued commission or outstanding fees and without prejudice to its rights, to terminate the agreement in whole or in part by a written notice to that effect to the customer and/or to demand immediate payment of any amount owed by the customer to SWA in its entirety and, in case of delivered additional products, to invoke the retention of title.
8.4 If the mandatory monthly payments, or any other performance of the agreement by the client or by SparkWise is discontinued or terminated due to circumstances mentioned in this article, the right to commission will be forfeited.
8.5 SWA is authorized to terminate the agreement with immediate effect if there is a suspension of payments or bankruptcy of the customer or if all or part of the customer’s assets are seized or if the customer dies. All uncollected installments for the entire duration of the course shall then become immediately due and payable. SWA will never be liable for any damages because of this termination.
9. Force majeure
9.1 SWA is not liable if a failure to fulfill its obligations is the result of force majeure. During the period of force majeure SWA’s obligations will be suspended.
9.2 If the period in which SWA cannot fulfill its obligations due to force majeure lasts longer than three months, both parties are entitled to terminate the agreement without judicial intervention and without any obligation to pay damages.
9.3 The term “force majeure” as referred to in this article shall in any case mean unforeseeable circumstances, including those of an economic nature, arising through no fault or fault of SWA, such as, inter alia, serious disturbance in the structure of the company, strikes, both at SWA and at any supplier companies, war, prolonged illness of management, terrorist threat, power blackouts, delays in transportation or delayed or faulty delivery of goods or materials or parts by third parties including any supplier companies of SWA.
9.4 If at the occurrence of force majeure SWA has already partially fulfilled its obligations, or can only partially fulfill its obligations, it is entitled to collect or invoice the already delivered or the deliverable part separately and the customer is obliged to pay this invoice as if it were a separate agreement.
10. Liability for damage
10.1. SWA is liable for damage suffered by the customer only if and insofar as such damage is the direct consequence of intent or conscious recklessness of SWA.
10.2. SWA’s total liability will in all cases be limited to compensation of direct damages, whereby the total amount to be paid by SWA to the customer in respect of possible undoing obligations and compensation of damages will never exceed the amount of the price stipulated in the agreement (excluding VAT), or the amount paid by SWA’s insurance company.
10.3. SWA is not liable for any damages, if and insofar as the customer has insured himself against such damages or could reasonably have insured himself against such damages.
11. Cancellation and revocation
11.1 When ordering the online (digital course) and entering into the obligation to pay, the customer agrees to the immediate delivery of the first part of the online (digital) course and thereby waives his/her right of withdrawal.
11.2 The customer enters into an obligation to pay (in installments) for the entire course for at least 12 months, or 12 parts, therefore the agreement cannot be cancelled during the first 12 months, or first 12 parts.
11.3 With regard to the purchase of additional products, the customer may cancel the agreement without giving reasons for 14 days after receipt of the product, by notifying that case within 14 days after receipt of the product, by filling in the form available online on SWA’s website, or sending an email to SWA, stating that the customer is canceling the agreement.
11.4 With the purchase of multiple additional products, the fourteen-day period starts the day after the customer, or a third party designated by the customer who is not the carrier, receives the (last) product from the order.
11.5 During the period of fourteen days referred to in 11.3 and 11.4, the Customer shall handle the product and its packaging with care. The customer shall only unpack or use the product to the extent necessary to assess whether the customer wishes to keep the product. If the customer exercises his right of withdrawal, he shall return the product with all delivered accessories and in the original condition and packaging to SWA, in accordance with the instructions provided by SWA.
11.6 As soon as possible, but within 14 days from the day following the notification referred to in 11.3 above, the customer shall return the product with all delivered accessories. If possible, in original condition and packaging, in accordance with the instructions provided by SWA. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the customer. The costs of return shall be borne by the customer.
12. Complaints
12.1 A complaints procedure is available on SWA’s website. Any complaints can be submitted via SWA’s email address listed on the website, or via an online form available on the website for that purpose.
12.2 Upon receipt, the complaint will be registered and the customer will be confirmed by email that the complaint has been received. The complaint will then be dealt with as soon as possible, in any case no later than four weeks after its receipt.
12.3 Complaints will always be handled confidentially.
12.4 If the complaint has not been handled or resolved by SWA in a manner satisfactory to the customer, there is a dispute and the customer and/or SWA may submit the dispute to the MFN to be accessed via this website: https://mfnregister.nl/zoek-een-mfn-registermediator. The MFN will then appoint an independent MFN registered mediator whose specialization best suits the dispute to be handled.
12.5 The mediator shall attempt to settle the dispute between the parties, in accordance with the MFN rules and models, within a period of three months after the parties have requested the mediator to deal with their dispute. The mediator’s decision shall be binding.
13. Final provision, applicable law and competent court
13.1. If it is determined that any provision described in these Terms of Delivery is unlawful, invalid or unenforceable, it shall be severed from these Terms of Delivery and the remainder of the Terms of Delivery shall remain in full force and effect.
13.2. These delivery terms are subject to Dutch law and regulations. Foreign laws and treaties including the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (Vienna Sales Convention) are excluded.
13.3. Any disputes may also, after going through the complaints procedure, be submitted to the competent court attached to the District Court of Amsterdam.
Latest version 2023
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