Terms and Conditions
Introduction
These are our General Terms and Conditions. These General Terms and Conditions always apply when you use our Website or place an order through our Website, and they contain important information for you as a buyer. Please read them carefully. We also recommend that you save or print these General Terms and Conditions so that you can consult them at a later time.
Article 1. Definitions
1.1. Agreement: any arrangement or agreement between ArjanCodes Services B.V. and Customer of which the General Terms and Conditions are an integral part.
1.2. Consumer: the natural person, not acting in a professional or commercial capacity, who enters into an Agreement with ArjanCodes Services B.V. and/or is registered on the Website.
1.3. Customer: the natural person and corporation who enters into an Agreement with ArjanCodes Services B.V. and/or is registered on the Website.
1.4. ArjanCodes Services B.V.: based in Bilthoven and registered with the Chamber of Commerce under file number 66536375, trading as ArjanCodes Services B.V.
1.5. General Terms and Conditions: these General Terms and Conditions.
1.6. Online Environment: the Online Environment on the Website where Customer has access to the service after the payment, via a login.
1.7. Website: the Website of ArjanCodes Services B.V., to be found on www.arjancodes.com and all of its subdomains.
Article 2. Applicability of the General Terms and Conditions
2.1. The General Terms and Conditions apply to all offers and Agreements of ArjanCodes Services B.V., unless explicitly agreed otherwise in writing.
2.2. If Customer in his order, confirmation or any other communication alleging acceptance of the General Terms and Provisions includes any provisions that differ from, or are not included in the General Terms and Conditions, such provisions will only be binding upon ArjanCodes Services B.V. if and in so far as ArjanCodes Services B.V. has accepted them in writing.
2.3. In cases where specific product or service-related terms and conditions apply in addition to these General Terms and Conditions, Customer can always invoke the applicable condition that is most favourable to him in the event of incompatible general terms and conditions.
Article 3. Prices and information
3.1. All prices posted on the Website and in other materials originating from ArjanCodes Services B.V. include taxes and other levies imposed by the government, unless stated otherwise on the Website.
3.2. The content of the Website is composed with the greatest care. ArjanCodes Services B.V. cannot, however, guarantee that all information on the Website is correct and complete at all times. All prices and other information posted on the Website and in other materials originating from ArjanCodes Services B.V. are subject to obvious programming and typing errors.
Article 4. Conclusion of the Agreement
4.1. The Agreement will be deemed to be concluded at the moment Customer accepts the offer of ArjanCodes Services B.V. subject to the conditions laid down by ArjanCodes Services B.V.
4.2. If Customer has accepted the offer by electronic means, ArjanCodes Services B.V. will confirm receipt of acceptance of the offer by electronic means without delay. Until such receipt of acceptance is confirmed, Customer will have the possibility to terminate the Agreement.
4.3. If it is found that, in accepting or otherwise entering into the Agreement, Customer has provided incorrect data, ArjanCodes Services B.V. will have the right to postpone the Agreement until the correct data is received.
Article 5. Registration 5.1. To use the service, Customer must register using the registration form/the account sign-in option on the Website.
5.2. During the registration process, Customer will be asked to choose a password with which he can log on to the Website together with the email address. Customer alone is responsible for choosing a sufficiently reliable password.
5.3. Customer must keep its login credentials strictly confidential. ArjanCodes Services B.V. cannot be held liable for any misuse of the login credentials and is always entitled to assume that Customer who logs on to the Website is the party that it professes to be. Customer is responsible for and bears the full risk of any and all actions and transactions performed via Customer’s account.
5.4. If Customer has purchased the service for multiple employees, then ArjanCodes Services B.V. will manually activate the accounts of all the employees after ArjanCodes Services B.V. has received the payment.
5.5. If Customer knows or has reason to suspect that its login details have become available to unauthorised parties, it will be required to change its password as soon as possible and/or to notify ArjanCodes Services B.V. accordingly to allow ArjanCodes Services B.V. to take appropriate measures.
Article 6. Execution of the Agreement
6.1. As soon as ArjanCodes Services B.V. has received the order and payment, it will send an email to Customer with information how to login on the Website to use the service.
6.2. In principle, the email with the information will be sent after the payment is received.
Article 7. Availability and maintenance
7.1. ArjanCodes Services B.V. uses its best efforts to have the service available at all times but makes no guarantees about uninterrupted availability since ArjanCodes Services B.V. depends on third parties for the platform on which the service is being provided.
7.2. ArjanCodes Services B.V. actively updates the service. In case an update is reasonably expected to negatively impact the availability of the service, ArjanCodes Services B.V. will carry out such an update at a time when use of the service is relatively low.
7.3. Maintenance to the service platform is announced in advance whenever possible and will be carried out at times when use of the platform is relatively low. Emergency maintenance of the service platform can take place at any time and without prior announcement. The maintenance to the service platform will be done by a third party.
7.4. ArjanCodes Services B.V. may from time to time adapt the service. Your feedback and suggestions are welcome but ultimately ArjanCodes Services B.V. decides which adaptations to carry out (or not).
Article 8. Right of withdrawal/return
8.1. Customer will have the right to dissolve the distance Agreement with ArjanCodes Services B.V. within 30 days after receiving access to the service, free of charge and without stating reasons.
8.2. The term commences on the day on which the payment is received and the Customer has access to the Online Environment.
8.3. Customer can terminate the Agreement in accordance with paragraph 1 of this article by reporting the withdrawal (digital or in other form) to ArjanCodes Services B.V., within the withdrawal period, by means of the model form for right of withdrawal or in some other unequivocal way. If ArjanCodes Services B.V. makes it possible for Customer to declare his withdrawal via electronic/digital means, then after receiving such a declaration, ArjanCodes Services B.V. sends confirmation of receipt within 14 days.
8.4. ArjanCodes Services B.V. will block the access to the Online Environment after ArjanCodes Services B.V. has received the withdrawal of Customer.
8.5. Any amounts already paid by Customer will be refunded to Customer as soon as possible, and in any case within 14 days after dissolution of the Agreement. The Customer will receive the refund in the same way as the payment was made.
8.6. Information about the applicability or non-applicability of a right of withdrawal and any required procedure will be posted clearly on the Website, well before the Agreement is concluded.
Article 9. Payment
9.1. Customer shall pay the amounts due to ArjanCodes Services B.V. in accordance with the ordering procedure and any payment methods indicated on the Website. ArjanCodes Services B.V. is free to offer any payment method of its choice and may change these methods at any time.
Article 10. Intellectual property
10.1. The intellectual property rights to all materials developed or made available by or on behalf of ArjanCodes Services B.V., including but not limited to training material, flyers and e-learning modules, rest with ArjanCodes Services B.V. and/or third parties engaged by it.
10.2. Customer obtains only a limited, personal, non-exclusive, non-sublicensable and revocable right to use the materials for personal or business purposes.
10.3. Materials made available may not be reproduced and shared by Customer with third parties that are not part of the agreement without the written permission of ArjanCodes Services B.V.
Article 11. Warranty and conformity
11.1. ArjanCodes Services B.V. guarantees that the service is in conformity with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and with the existing statutory provisions and/or government regulations that are in force from the date of entering into the Agreement.
11.2. If the service is not in conformity with the Agreement, Customer must inform ArjanCodes Services B.V. within a reasonable period of time after he has discovered the non-conformity.
11.3. If ArjanCodes Services B.V. deems the complaint to be correct, the service will be updated or a total refund in consultation with Customer will be made.
Article 12. Complaints handling procedure
12.1. If Customer has any grievances in connection with the service (in accordance with the article on warranties and conformity) and/or about other aspects of ArjanCodes Services B.V.’s service, it can submit a complaint by email or by post. See the contact details at the bottom of the General Terms and Conditions.
12.2. ArjanCodes Services B.V. will respond to the complaint as soon as possible, and in any case within 14 days after having received it. If it is not yet possible for ArjanCodes Services B.V. to formulate a substantive reaction to the complaint by that time, ArjanCodes Services B.V. will confirm receipt of the complaint within 14 days after having received it and give an indication of the term within which it expects to be able to give a substantive or definitive reaction to Customer’s complaint.
12.3. The Consumer can file a complaint through the European Online Dispute Resolution platform, available at: http://ec.europa.eu/odr/.
Article 13. Liability
13.1. This article only applies if Customer is a natural person or a legal entity who is acting in a professional or commercial capacity.
13.2. The total liability of ArjanCodes Services B.V. in respect of Customer due to an attributable failure to perform the Agreement is limited to compensation not exceeding the price stipulated for that particular Agreement (including VAT).
13.3. Aside from the cases referred to in the previous paragraph of this Article, ArjanCodes Services B.V. is not subject to any liability at all in respect of Customer for damages, irrespective of the ground on which the action for damages is based. The restrictions set out in this Article, will, however, cease to apply if and insofar as the damage or loss is the result of an intentional act or gross negligence on the part of ArjanCodes Services B.V.
13.4. ArjanCodes Services B.V. will only be liable to Customer on account of an attributable failure in the performance of an agreement if Customer issues a proper notice of default to ArjanCodes Services B.V. without delay stipulating a reasonable period of time in which to remedy the failure, and ArjanCodes Services B.V. also continues to fail to perform its obligations after that period. The notice of default must contain a description of the failure in as much detail as possible to enable ArjanCodes Services B.V. to provide an adequate response.
13.5. ArjanCodes Services B.V. is not liable for damage suffered by Customer and Consumer as a result of advice or knowledge provided by ArjanCodes Services B.V.
13.6. Any event giving right to compensation is always subject to the condition that Customer reports the damage or loss in writing to ArjanCodes Services B.V. as soon as possible, but no later than within 30 days after the damage or loss has arisen.
13.7. In the event of force majeure ArjanCodes Services B.V. is not liable to pay compensation for any damage or loss Customer has incurred as a result.
Article 14. Personal details
14.1. ArjanCodes Services B.V. will process the Consumer’s personal details in accordance with the privacy statement, which can be found at https://www.arjancodes.com/legal/privacy.
Article 15. Final provisions
15.1. This Agreement is governed by the laws of the country of establishment of ArjanCodes Services B.V.
15.2. Insofar as not dictated otherwise by mandatory law, any disputes ensuing from the Agreement will be submitted to the competent Dutch court in the district where ArjanCodes Services B.V. has its registered office.
15.3. If any provision set out in these General Terms and Conditions should prove to be void, this will not affect the validity of the General Terms and Conditions as a whole. In that case, ArjanCodes Services B.V. and Customer will lay down one or more new provisions in replacement which will reflect the original provision as much as is possible under the law.
15.4. The term ‘written’ in these General Terms and Conditions also refers to communication by email and fax, provided that the sender’s identity and the integrity of the email message have been sufficiently established.
Contact details Should you have any questions, complaints, or comments after reading these General Terms and Conditions, please contact us by email or letter.
ArjanCodes Services B.V.
Attn. Data Protection Office
Jan van Eycklaan 2-4
3723 BC Bilthoven
The Netherlands