General terms and conditions

These terms and conditions apply to all agreements concerning the offer of products and services via its own websites or other forms of distance selling by the Mary Magdalene and Jesus World School.

The Mary Magdalene and Jesus World School expressly rejects any general or other terms and conditions used by the customer or consumer, including purchasing terms and conditions, which do not form part of the agreement.

Article 1 - Definitions

In these terms and conditions, the following definitions shall apply:

Ancillary contract: a contract under which the consumer acquires goods, digital content and/or services in connection with a distance contract and those goods, digital content and/or services are supplied by the trader or by a third party on the basis of an agreement between that third party and the trader.

Withdrawal period: the period during which the consumer may exercise his right of withdrawal

Consumer: the natural person, not acting in the exercise of a profession or business, who enters into a distance contract with the entrepreneur

Customer: the legal person who enters into a distance contract with the trader, but to whom the Consumer Protection Act does not apply

Day: calendar day

Duration transaction: A distance contract for a series of products and/or services where the obligation to deliver and/or purchase is spread over time

Durable data carrier: any means, including electronic mail, by which a consumer or business can store information addressed to him personally in such a way that it can be consulted or used in the future for a period of time appropriate to the purpose for which the information is intended, and which allows the unaltered reproduction of the information stored

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract during the cooling-off period

Model withdrawal form: the European model withdrawal form provided where the consumer has a right of withdrawal in his order

Entrepreneur: the natural or legal person offering products, (access to) digital content and/or services to consumers at a distance

Distance contract: an agreement to make exclusive use of one or more means of distance communication in the context of a system organised by the entrepreneur for the distance marketing of goods and/or services up to and including the conclusion of the contract

Distance communication technology: means that can be used to conclude a contract without the consumer and the entrepreneur having to meet in the same room at the same time

Article 2 - Identity of the entrepreneur

Gaastra-Levin Creaties B.V.

Address: Burgemeester Steeghsstraat 43, 5961 RK Horst aan de Maas, The Netherlands

Email: info@marymagdaleneandjesus.com

Chamber of Commerce: 08081771

Article 3 - Applicability

These general conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general conditions must be made available to the consumer.

If the distance contract is concluded by electronic means, notwithstanding the previous paragraph, the text of these general terms and conditions may be made available to the consumer by electronic means before the distance contract is concluded, in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, the means by which the general terms and conditions can be accessed electronically shall be indicated and the general terms and conditions shall be sent electronically or otherwise free of charge at the consumer’s request.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to him.

If at any time one or more provisions of these general terms and conditions should be wholly or partially null and void, the agreement and these general terms and conditions shall otherwise remain in force and the provision in question shall be replaced without delay by mutual agreement with a provision that comes as close as possible to the purpose of the original.

Situations not provided for in these Terms and Conditions shall be judged ‘in the spirit’ of these Terms and Conditions.

Any uncertainty as to the interpretation or content of one or more of the provisions of our Terms and Conditions shall be interpreted ‘in the spirit’ of these Terms and Conditions.

Article 4 - The offer

If an offer has a limited duration or is subject to conditions, this will be expressly stated in the offer.

The offer is not binding. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

All images, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.

Images of products are a true representation of the products offered. Entrepreneur cannot guarantee that the colours shown correspond exactly to the actual colours of the products.

Any offer shall contain information to enable the consumer to understand the rights and obligations arising from acceptance of the offer. This concerns in particular:

the price including taxes;
any shipping costs;
the way in which the agreement is to be concluded and the steps required to do so;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the contract;
the time limit for accepting the offer or the time limit within which the entrepreneur guarantees the price;
whether the contract is archived after its conclusion and, if so, how it can be consulted by the consumer;
the way in which the consumer, before concluding the contract, can check and, if necessary, correct the data he has provided as part of the contract;
any of the languages other than Dutch in which the agreement may be concluded;
the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically;
the minimum duration of the distance contract in the case of an extended transaction.

Article 5 - The contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfils the conditions laid down.

If the consumer has accepted the offer by electronic means, the entrepreneur shall immediately confirm receipt of the acceptance of the offer by electronic means. As long as this acceptance has not been confirmed by the entrepreneur, the consumer may withdraw from the contract.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transmission of data and ensure a secure web environment. If the consumer can pay by electronic means, the entrepreneur must take appropriate security measures.

The entrepreneur may, within the limits of the law, obtain information on the consumer’s ability to meet his payment obligations and on all facts and factors relevant to the responsible conclusion of the distance contract. If, as a result of this investigation, the entrepreneur has good reasons not to conclude the agreement, he is entitled to refuse an order or request or to attach special conditions to its execution, stating the reasons.

The entrepreneur shall include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

the postal address of the entrepreneur to which the consumer can address complaints;
the conditions under which and how the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
information on guarantees and after-sales services;
the particulars referred to in Article 4 of these terms and conditions, unless the entrepreneur has already provided them to the consumer before the conclusion of the contract;
the conditions for terminating the contract if the duration of the contract exceeds one year or is indefinite.

In the case of a term transaction, the provision of the previous paragraph applies only to the first delivery.

Each contract is entered into subject to sufficient availability of the relevant products and services.

Article 6 - Right of withdrawal

On delivery of products

When purchasing products, the consumer has the right to cancel the contract without giving any reason within 14 days. This period begins on the day following receipt of the product by the consumer or a representative previously appointed by the consumer and notified to the entrepreneur.

During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to decide whether he wishes to keep it. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and, as far as reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions given by the entrepreneur.

If the consumer wishes to exercise his right of withdrawal, he must notify the entrepreneur within 14 days of receipt of the product. The consumer should make this notification using the standard form or another means of communication such as email. After the consumer has notified that he wishes to exercise his right of withdrawal, he should return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, e.g. by providing proof of dispatch.

If the customer has not expressed his intention to exercise his right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase shall be deemed to have taken place.

On delivery of services

In the case of the supply of services, the consumer has the possibility of withdrawing from the contract without giving reasons within a period of at least 14 days, starting from the day of the conclusion of the contract.

In order to exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest at the time of delivery.

Article 7 - Costs in case of withdrawal

If the consumer exercises his right of withdrawal, he shall bear at most the cost of returning the goods.

If the consumer has paid any amount, the entrepreneur will reimburse this amount as soon as possible and at the latest within 14 days after the withdrawal. This is subject to the condition that the product has already been returned to the entrepreneur or that conclusive proof of complete return can be provided. The refund will be made by the same method of payment used by the consumer, unless the consumer explicitly authorises a different method of payment.

If the product is damaged as a result of careless handling by the consumer and/or inadequate return packaging, the consumer will be liable for any depreciation in the value of the product. Books and study materials must not show any signs of having been read and/or used.

The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information on the right of withdrawal, this should be done before the conclusion of the purchase agreement.

Article 8 - Exclusion of right of withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal, which is only valid if the entrepreneur has clearly stated this in the offer or at least in good time before the conclusion of the contract.

Exclusion of the right of withdrawal is only possible for products:

manufactured by the manufacturer according to consumer specifications;
that are clearly personal in nature;
which, by their nature, cannot be returned;
which spoil or age quickly;
whose price is subject to financial market fluctuations over which the entrepreneur has no control;
for individual newspapers and magazines;
for audio and video recordings and computer software that has been unsealed by the consumer;
for downloads and links to recordings;
for hygienic products where the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

concerning accommodation, transport, restaurants or leisure activities to be carried out on a certain date or during a certain period;
the delivery of which has begun with the express consent of the consumer before the end of the withdrawal period;
on betting and lotteries.

Article 9 - The price

During the period of validity indicated in the offer, the prices of the products and/or services offered shall not be increased, with the exception of price changes due to changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur may offer products or services, the prices of which are subject to fluctuations in the financial market over which the entrepreneur has no control, with variable prices. This connection with fluctuations and the fact that any prices quoted are target prices must be stated in the offer.

Price increases within 3 months of the conclusion of the contract are only permitted if they are the result of legal regulations or provisions.

Price increases as from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated them and:

are the result of legal requirements or regulations; or
the consumer is entitled to terminate the contract on the day the price increase takes effect.

The prices quoted in the offer of products or services are inclusive of VAT.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing or typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements for reliability and/or usability and the applicable statutory provisions and/or government regulations at the time the contract is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A guarantee given by the entrepreneur, producer or importer does not affect the consumer’s legal rights and claims against the trader under the contract.

Any defects or wrongly delivered products must be reported to the entrepreneur in writing within 2 weeks of delivery. Products must be returned in their original packaging and in new condition.

The entrepreneur is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by a third party;
the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
the defect is wholly or partly the result of regulations imposed or to be imposed by the State concerning the nature or quality of the materials used.

Article 11 - Delivery and completion

The entrepreneur shall take the greatest possible care when accepting and executing orders for products and when assessing requests for the provision of services.

The place of delivery is the address given by the consumer to the entrepreneur.

Subject to what is stated in paragraph 4 of this article, the entrepreneur will execute accepted orders promptly, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be informed of this no later than 30 days after the order has been placed. In this case, the consumer has the right to cancel the contract free of charge. The consumer is not entitled to compensation.

All delivery terms are indicative. The consumer cannot derive any rights from the terms mentioned. Exceeding a deadline does not entitle the consumer to compensation.

In the event of dissolution pursuant to paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If the delivery of an ordered product proves to be impossible, the entrepreneur will endeavour to provide a replacement item. At the latest at the time of delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded in the case of replacement items. The costs of a possible return will then be borne by the company.

The risk of damage and/or loss of the products remains with the entrepreneur until the moment of delivery to the consumer or to a representative designated in advance and notified to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Transactions with a duration: term, termination and renewal

Termination

The consumer may, at any time, terminate a contract of indeterminate duration concluded for the regular supply of goods or services, subject to the rules on termination in force and to a maximum notice period of one month.

The consumer may at any time terminate a fixed-term contract concluded for the regular supply of goods or services, at the end of the fixed term, in accordance with the applicable rules on termination and with a notice period not exceeding one month.

The consumer can cancel the contracts mentioned in the previous paragraphs:

terminate at any time and not be limited to terminate at a particular time or within a particular period;
at least in the same way as they were entered into;
always terminate with the same notice period as the entrepreneur has stipulated for himself.

Renewal

A fixed-term contract concluded for the regular supply of goods or services may not be tacitly renewed or renewed for a fixed term. A fixed-term contract concluded for the regular supply of goods or services may be tacitly renewed for an indefinite period only if the consumer can terminate the contract at any time with a notice period of not more than one month.

Term

If the term of the contract is more than one year, the consumer may terminate the contract at any time after one year with a notice period of not more than one month, unless reason and fairness dictate termination before the end of the agreed term.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer shall be paid within 7 working days from the beginning of the cooling-off period referred to in article 6, paragraph 1. In the case of a contract for the provision of a service, this period begins when the consumer receives confirmation of the contract.

The consumer must immediately notify the entrepreneur of any inaccuracies in the payment details provided or mentioned.
In the event of non-payment by the consumer, the entrepreneur shall be entitled to charge the reasonable costs notified to the consumer in advance, subject to legal restrictions.

Article 14 - Complaints procedure

The entrepreneur has an adequately publicised complaints procedure and deals with complaints in accordance with that procedure.

Complaints about the performance of the contract must be made to the entrepreneur within 2 weeks of the consumer discovering the defects, and must be fully and clearly described.

Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute resolution procedure.

If a consumer has a complaint, he should first contact the entrepreneur. If necessary, the consumer can then submit the complaint via the European ODR platform.

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur states otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur shall, at his discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

Only Dutch law applies to the agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer resides abroad.

The Vienna Convention does not apply.

Article 16 - Liability and indemnity

The existence of a defect does not entitle the consumer to suspend or set off his payment obligations in respect of the product.

The total liability of the entrepreneur for attributable shortcomings in the obligation to provide a service is limited to compensation for direct damage up to a maximum amount equal to the price agreed for this service (including VAT).

The entrepreneur’s liability for indirect damage, including consequential damage, loss of profit, loss of savings, damage due to business stagnation and any other damage than that referred to in the previous sub article is excluded.

The entrepreneur cannot be held liable by the consumer if the result of the work carried out by Mary Magdalene and Jesus World School does not meet the expectations of the customer.

Consumers are responsible for their own health. Following an activity or asking the entrepreneur for advice should never be seen as a substitute for consulting a doctor.

Article 17 - Intellectual and industrial property rights

The consumer is not permitted (and this may apply in addition to the copyright or related rights of the entrepreneur) without the prior written consent of the entrepreneur to reproduce or publish (reproductions of) any book, course material or electronic product supplied and/or made available, in whole or in part, if this is done (i) for the benefit of a business, organisation or institution, (ii) for personal practice, study or use which is not strictly private, or (iii) for inclusion in a newspaper, magazine (whether or not in digital form) or in a radio or television programme, or for any other use which is not strictly private, organisation or institution, (ii) for personal practice, study or use that is not strictly private in nature, or (iii) for inclusion in a daily or weekly newspaper or magazine (whether or not in digital form) or in a radio or television programme, unless expressly stated otherwise in these Terms and Conditions.

Article 18 - Additional or different provisions

Additional terms or terms that differ from these general terms and conditions may not be to the detriment of the consumer and must be in writing or in such a way that they can be stored on a durable data carrier in a manner accessible to the consumer.