General terms and conditions

General Terms and Conditions of MyCademy Nederland B.V., based in Arnhem.

Version applicable from 24-03-2017.

MyCademy Nederland B.V.
Simon Stevinweg 27
6827 BS Arnhem
The Netherlands

Tel. +31 (0)26-8402941
Fax. +31 (0)26-7600038
Chamber of Commerce no. 67863000
VAT no. NL857203678B01

Trading names:

MyCademy Nederland B.V. operates under the following trading names. These general terms and conditions apply to all trading names operated by MyCademy Nederland B.V.:

• MyCademy.com
• MyCademy Group B.V.
• icttrainingen.nl
• OnlineITcourses.com
• hrtrainingen.nl

Where these terms and conditions refer to MyCademy Group B.V., the same shall also apply to all its trading names.

Definitions:

Purchaser: anyone entering into an agreement or wanting to enter into an agreement with
MyCademy Group B.V., or to whom MyCademy Group B.V. makes an offer or carries out a delivery or presentation.

1. General

1.1 These general terms and conditions apply to all offers by MyCademy Group B.V.. These terms and conditions are accessible to all and are included on the internet site of MyCademy Group B.V.. On request we will send you a written copy.

1.2 By placing an order you acknowledge that you are in agreement with the delivery and payment conditions. MyCademy Group B.V. retains the right to change its delivery and/or payment conditions on expiry of the term.

1.3 Unless otherwise agreed in writing, the general terms or specific conditions or stipulations of third parties will not be recognized by MyCademy Group B.V..

1.4 MyCademy Group B.V. guarantees that the product supplied will comply with the agreement and will meet the specifications stated in the offer

2. Delivery

2.1 Delivery occurs as long as stocks last (when applicable).

2.2 Within the context of the rules governing remote sales, MyCademy Group B.V. will deliver the orders within at least 30 days. If this is not possible (because the ordered item is not in stock or is no longer deliverable), or if there is any other reasons for delay, or an order cannot be supplied or can only be supplied partially, then the purchaser will receive notification of this within one month of placing the order, and in that case he has the right to cancel the order without any costs or liability.

2.3 Unless otherwise proven, MyCademy Group B.V. shall have fulfilled its delivery obligation once the items supplied by MyCademy Group B.V. have been offered once to the purchaser. For home deliveries, the report of the conveyor, including any refusal of acceptance, serve as full proof of delivery.

2.4 All the terms stated on the internet site are indicative. No rights may therefore be derived from the terms stated.

2.5 In placing an order through one of the websites of MyCademy Group B.V., you acknowledge agreement to receive an electronic/digital invoice. You will receive the invoice in the digital PDF format.

3. Pricing

3.1 Prices will not be increased during the term of the offer, unless legal measures make this necessary or the manufacturer introduces pricing increases in the interim.

3.2 All prices on the site are subject to printing and typesetting errors. No liability shall be accepted for any consequences of printing and typesetting errors.

3.3 All prices on the site are in US dollars and exclude TAX.

3.4 TAX will be charged based on the following assumptions:

3.4.1 Sales to consumers
You will pay the Dutch TAX charged at 21%.

3.4.2 Sales to companies within the EU
If you provide your TAX ID during the registration process no tax is charged. The tax regulations of your own country apply. If no TAX ID is supplied (or an incorrect one) Dutch tax (21%) will be charged.

3.4.3 Sales to companies outside the EU
We will not charge TAX. The TAX regulations of your own country will apply.

4. Approval period/revocation right

4.1 If a consumer purchase is involved in terms of the Law on Distance Selling (Article 7:5 Civil Code), the purchaser has the right to return (part of) the supplied goods within a period of 14 working days without providing any reason. This period begins at the moment the ordered items have been delivered. Should the items not have been returned to MyCademy Group B.V. at the expiry of this term, the purchase is a fact. Before resorting to returning the item(s), the purchaser is required to notify this in writing to MyCademy Group B.V. within the period of 14 working days after delivery. The purchaser is required to prove that the delivered items have been returned, for example through a certificate of postal delivery. Returning items must occur in the original packaging (including accessories and related documentation) and in new condition. Should the items have been used, entailed or have become damaged in any way whatsoever, the right to revocation in the sense of this provision, lapses. With reference to that which was stated in the previous sentence, MyCademy Group B.V. shall ensure that within 30 days following the good reception of the returned consignment, the full purchase price including the calculated delivery costs shall be repaid to the purchaser. Returning the delivered items shall be entirely at the cost and the risk of the purchaser.

4.2 The right to revocation, as described in the previous provision (4.1) only applies to the delivered items, and shall in no case apply to purchased digital services such as digital books, e-learning training courses and the like.

4.3 The revocation right does not apply to:

• services whose execution, with the agreement of the purchases, began before the term of 14 working days (including but not exclusively starting and following online training courses and trial examinations)
• goods or services whose price is linked to fluctuations on the financial market, over which the supplier has no influence
• goods which have been manufactured to the specification of the purchaser, for example tailor-made items, or which have a clear personal character
• audio and video recording and computer software whose seal the purchaser has broken

5. Data management

5.1 If you place an order with MyCademy Group B.V., then your details will be included in the
MyCademy Group B.V. customer database. MyCademy Group B.V. complies with the Data Protection Act and will not provide your details to third parties. See our Privacy Policy for detailed information.

5.2 MyCademy Group B.V. respects the privacy of users of the internet site and commits to the confidential handling of your personal details.

5.3 In some instances MyCademy Group B.V. will use a mailing list for which you have specifically registered. Each mailing contains instructions for removing yourself from this list.

5.4 If you place an order with MyCademy Group B.V., you give MyCademy Group B.V. the right to use your name and company logo as a client of MyCademy Group B.V.. Such use only occurs on the website(s) of MyCademy Group B.V. and will not be used in external marketing expressions. Should you not desire this, you may notify it in writing to MyCademy Group B.V. and we will then remove any statements of you as a client from the website(s).

5.5 MyCademy Group B.V. retains the right to use reviews placed on its websites for marketing purposes.

6. Guarantee

6.1 MyCademy Group B.V. guarantees that the products and services it supplies will meet the requirements of usability, reliability and lifespan as reasonably intended by parties to the purchase agreement, and will thus honour the factory guarantee for the product supplied to you (when applicable).

6.2 The purchaser is required to check the supplied products and services immediately upon receipt. Should it transpire that the delivered item is incorrect, defective or incomplete, then (before returning it to MyCademy Group B.V.) the purchaser must notify such faults immediately in writing to MyCademy Group B.V.. Any faults may be communicated to MyCademy Group B.V. in writing no later than one month following delivery.

6.3 If the complaints by the purchaser to MyCademy Group B.V. are found to be grounded, then at its discretion MyCademy Group B.V. will replace the supplied products or service free of charge, or will reach agreement in writing with the purchaser on compensation, on the understanding that the liability of MyCademy Group B.V. and with it the amount of such compensation shall only be restricted to the extent of the invoiced amount for the relevant products and services, or (at the discretion of MyCademy Group B.V.) to the maximum in the relevant case for amount covered in the liability insurance of MyCademy Group B.V..

6.4 MyCademy Group B.V. is not responsible for any damage intentionally caused or equivalent deliberate recklessness of non-managerial personnel.

6.5 This guarantee does not apply:

• during any period in which the purchaser is in default to MyCademy Group B.V. (including but not exclusively unpaid invoices)
• if the purchaser has repaired and/or altered the supplied products and services himself or has let third parties repair and/or alter it
• if the supplied products and services have been exposed to abnormal conditions or in any other way have been handled negligently or in conflict with the instructions from MyCademy Group B.V. and/or the provided user instructions
• if the defectiveness is either wholly or partially the consequence of provisions the government has imposed or will impose with regard to the nature or quality of the applied materials

6.6 At all times MyCademy Group B.V. retains the right to resolve a written complaint within a reasonable period before restitution and/or any other agreed arrangement is adopted.

7. Offers

7.1 Offers are without obligation, unless otherwise stated in the offer.

7.2 Upon acceptance of an offer without obligation by a purchaser, MyCademy Group B.V. retains the right to revoke the offer within a period of three working days following receipt of the acceptance, or to deviate from it.

7.3 Verbal acceptances only bind MyCademy Group B.V. once they have been confirmed specifically and in writing.

7.4 Offers by MyCademy Group B.V. do not automatically also apply to subsequent orders.

7.5 MyCademy Group B.V. may not be held to its offers if the purchaser should have understood that the offer or any component of it, contained an obvious error or mistake.

7.6 Supplements, changes and/or further agreements are only valid if agreed in writing.

8. Agreement

8.1 An agreement between MyCademy Group B.V. and a purchaser is deemed to have been created once the order has been confirmed by MyCademy Group B.V..

8.2 MyCademy Group B.V. retains the right, without furnishing any reasons, to decline any orders or projects or only to accept them under the condition that dispatch occurs as Cash on Delivery or following advance payment.

9. Illustrations and specifications

9.1 All illustrations, photos, drawings, texts etc. on the internet site of MyCademy Group B.V. only apply approximately, are indicative and may not form the basis for any damages or annulment of the agreement.

10. Force Majeure

10.1 MyCademy Group B.V. is not liable if and to any extent that it is unable to meet its obligations as a result of force majeure.

10.2 Force majeure is taken to mean any unexpected occurrence, as well as any circumstance, which should not reasonably have been regarded as constituting the company's risk. Delays or failures by our suppliers, disruptions to the internet, disruptions to electricity, disruptions to e-mail traffic and disruptions or changes to technology provided by third parties, transportation difficulties, work stoppages, governmental measures, supply delays, negligence on the part of suppliers and/or manufacturers for MyCademy Group B.V. as well as assistance staff, staff illnesses, shortcomings in assistance or transportation resources, expressly apply as force majeure.

10.3 MyCademy Group B.V. retains the right in the case of force majeure, to suspend its obligations, and is also authorized to nullify the agreement wholly or partially, or to stipulate that the content of the agreement shall be amended such that execution remains possible. In no case is MyCademy Group B.V. liable to pay any fine or damages.

10.4 If MyCademy Group B.V. is prevented by force majeure from fulfilling its obligations either wholly or partially, it retains the right to invoice what portion has already been delivered or is deliverable, and the purchaser is required to settle this invoice as though it were a separate contract. However this does not apply if the portion delivered or deliverable does not have any independent value.

11. Liability

11.1 MyCademy Group B.V. is not liable for any damage arising as a consequence of the incorrect application of the supplied products and services. For use, read the instructions and/or the supplied directions for use.

11.2 MyCademy Group B.V. is not responsible for any infringement of the rights of third parties caused by products and/or services which MyCademy Group B.V. purchases from third parties.

11.3 MyCademy Group B.V. is not responsible for any damages arising as a result of products and/or services which MyCademy Group B.V. buys from third parties.

12. Property rights

12.1 Ownership of all items sold and delivered to the purchaser by MyCademy Group B.V. resides with MyCademy Group B.V. as long as the claims by MyCademy Group B.V. arising from the agreement or earlier or later similar agreements have not been fulfilled, for as long as the purchaser has not fulfilled the activities carried out or to be carried out in terms of this or similar agreements, and for as long as the purchaser has not fulfilled the claims of MyCademy Group B.V. through default in fulfilling such agreements, including provisions concerning fines, interest and costs, as intended under Article 3:92 of the Civil Code.

12.2 Specifically for supplied digital services such as, but not exclusively, online training
(e-learning) and online trial examinations, you only acquire the right of use for one person for a period determined in advance. In these instances you explicitly do not acquire ownership.

12.3 The items delivered by MyCademy Group B.V. which fall under property rights may only be sold on within the context of a normal business exercise, and may never be used as a method of payment.

12.4 The purchaser is not authorized to pledge or in any other way entail the items covered by the property rights.

12.5 The purchaser hereby grants MyCademy Group B.V. or a third party to be assigned by
MyCademy Group B.V., unconditional and irrevocable permission in all instances where
MyCademy Group B.V. wishes to exercise its property rights, to access the locations where its property may be located and to seize these items.

12.6 Should third parties take possession of items covered by property rights or wish to establish rights or have rights apply to them, the purchaser is obliged to notify MyCademy Group B.V. of this as soon as is reasonably possible.

12.7 The purchaser undertakes to insure the items covered by property rights and to keep them insured against fire, explosion and water damage as well as against theft, and shall produce the policy for such insurance to and at the request of MyCademy Group B.V..

13. Copyright

13.1 The entire content of the websites of MyCademy Group B.V. is subject to copyright, with all rights reserved. All copyright resides with MyCademy Group B.V.. By recording content from the websites of MyCademy Group B.V. or copying it in any other way, you are acknowledging the conditions.

14. Supplementary conditions covering specific services and/or products

14.1 Training fees

14.1.1. Training fees are not refundable, either wholly or partially.

14.1.2 A training fee is valid for a period determined in advance. The training fee lapses upon expiry of such term. The term is stipulated on the website and/or in the agreement signed by you.

14.1.3 Without explicit written permission, discount offers are not valid in combination with training fees.

14.2 Examination vouchers

14.2.1 Examination vouchers are not refundable.

14.2.2 The validity date on an examination voucher may not be extended.

14.2.3 Examination vouchers may only be used for the examination for which they have been issued. Examination vouchers may not be exchanged for other examination vouchers.

14.2.4 Examination vouchers are only valid at examination venues in the country where they were ordered.

15. Disclaimer

Individuals viewing information on a website of MyCademy Group B.V. agree to the following conditions:

15.1 The published information and the opinions expressed are only provided by MyCademy Group B.V. for personal use and information purposes, and are subject to change without notification. MyCademy Group B.V. provides no guarantees (either expressly or implicitly) that the information and opinions on the websites of MyCademy Group B.V. are accurate, complete or up-to-date. In particular, nothing on the MyCademy Group B.V. website constitutes financial, legal, taxation or other advice.

15.2 All information from third parties which is published on the websites of MyCademy Group B.V., has not been approved by MyCademy Group B.V. and may differ from MyCademy Group B.V.'s own opinions. Without any limitation, MyCademy Group B.V. distances itself from any liability for loss or damage in any form, including direct, indirect or consequential damage, which may arise through the use of the websites of MyCademy Group B.V., or links to the websites of third parties.

15.3 A number of links on the websites of MyCademy Group B.V. refer to websites of third parties. MyCademy Group B.V. accepts no responsibility whatever for the accuracy, completeness and legality of the content of such websites. This also applies to websites which link to that of MyCademy Group B.V..

16. Applicable Law and Competent Court

16.1 All agreements shall be governed by the laws of the Netherlands.

16.2 Any disputes arising from an agreement between MyCademy Group B.V. and a purchaser, which cannot be resolved in mutual consultation, shall be presented to the court within the district of Arnhem in the Netherlands, unless MyCademy Group B.V. expresses a preference for presenting the dispute to the court in the purchaser's residential area, and with the exception of disputes which fall under the competence of the cantonal judge.