General terms and conditions

Below you will find the general conditions that apply to orders in our webshop.             

Table of Contents:

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The agreement

Article 6 - Right of withdrawal

Article 7 - Obligations of the consumer during the reflection period

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

Article 9 - Obligations of the entrepreneur in case of withdrawal

Article 10 - Exclusion of right of withdrawal

Article 11 - The price

Article 12 - Fulfilment and guarantee

Article 13 - Delivery and execution

Article 14 - Continuing transactions: duration, termination and renewal

Article 15 - Payment

Article 16 - Complaints procedure

Article 17 - Disputes

Article 18 - Intellectual property

Article 19 - Additional or different provisions

Annex - Model withdrawal form

Article 1 - Definitions

In these terms and conditions, the following terms shall have the following meanings:

1. Grace period: The period within which the consumer can make use of his right of withdrawal;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of products and / or services of which the delivery and / or purchase obligation is spread over time;
5. Durable medium: every means that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows for future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
7. Model form for withdrawal: the model form for withdrawal which the trader makes available for a consumer to fill in when he wants to make use of his right of withdrawal.
8. Entrepreneur: The natural or legal person who offers products and/or services to consumers from a distance;
9. Distance contract: an agreement whereby sole use is made of one or more techniques for distance communication within the framework of a system organized by the trader for the distance sale of products and/or services, up to and including the moment that the agreement is concluded;
10. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time.
11. General Terms and Conditions: the present General Terms and Conditions of the Entrepreneur.

Article 2 - Identity of the entrepreneur

Lean Management Institute

Prince Hendriklaan 35

3701 CL ZEIST

+31 85 876 93 46: Available on working days from 09:00 to 17:00

E-mail address: [email protected]

KvK number: 30194663

VAT identification number: NL8130.28.607

Article 3 - Applicability

1. These general conditions apply to all offers of the entrepreneur and any agreement reached at a distance and orders between the entrepreneur and consumers.
2. Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general conditions are available for inspection at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible, at the consumer's request.
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general conditions may be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in some other way.
4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting general conditions.
5. If one or more provisions in these general conditions at any time are invalid or annulled in whole or in part, the remainder of the agreement and these conditions will remain in force and the provision in question will be replaced without delay in mutual consultation by a provision that approaches the meaning of the original provision as closely as possible.
6. Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions, should be interpreted 'in the spirit' of these terms and conditions.

Article 4 - The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
3. 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, these are a true reflection of the products and / or services. Obvious mistakes or errors in the offer binding on the entrepreneur.
4. All images, specifications and data in the offer are indicative and can not lead to compensation or dissolution of the agreement.
5. Images of products are a true representation of the products offered. The Entrepreneur cannot guarantee that the colours shown will exactly match the real colours of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
   1. the price including taxes;
   2. the possible costs of shipment;
   3. the way in which the agreement will be brought about and which actions are required for this;
   4. the applicability or otherwise of the right of withdrawal;
   5. the method of payment, delivery and execution of the agreement;
   6. The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
   7. the level of the rate of distance communication if the costs of using the technique of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
   8. whether the contract is archived after its conclusion and, if so, in what way it can be consulted by the consumer;
   9. the way in which the consumer, before concluding the contract, can check the data provided by him in the context of the contract and, if desired, correct them;
   10. any other languages besides Dutch in which the agreement may be concluded;
   11. the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
   12. the minimum duration of the distance contract in the case of an extended transaction.

 Article 5 - The agreement

1. The contract is concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereof are fulfilled.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
3. If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can - within the law - to inform the consumer of his payment obligations, and of all those facts and factors relevant to a sound conclusion of the distance. If, on the basis of this investigation, the trader has good reason not to enter into the contract, he is entitled to refuse an order or request while giving reasons, or to attach special conditions to the implementation.
5. The trader will send the consumer the following information together with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
   1. the visiting address of the trader's business establishment where the consumer can lodge complaints;
   2. the conditions on which and the way in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
   3. information on warranties and existing after-sales service;
   4. the data included in article 4, paragraph 3 of these conditions, unless the trader has already provided the consumer with these prior to concluding the contract;
   5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
6. In the event of an extended transaction, the provision in the previous paragraph shall apply only to the first delivery.
7. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

1. The consumer can terminate an agreement related to the purchase of a product during a reflection period of at least 14 days without giving any reason. The trader may ask the consumer about the reason for the withdrawal, but may not oblige the consumer to state his reason(s).
2. The cooling off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, and who is not the carrier, has received the product, or:
   1. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer prior to the ordering process, refuse an order for multiple products with a different delivery time.
   2. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
   3. in case of contracts for regular delivery of products during a certain period: the day on which the consumer or a third party designated by him has received the first product.

Article 7 - Obligations of the consumer during the reflection period

1. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
2. The consumer is only liable for depreciation in the value of the product resulting from a manner of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any reduction in value of the product if the trader has not provided him with all the information required by law concerning the right of withdrawal before or at the time of concluding the contract.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

1. If the consumer uses his right of withdrawal, he shall notify the trader of this within the withdrawal period by means of the model form for withdrawal or in another unequivocal manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer sends the product back, or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to pick up the product himself. The consumer has in any case complied with the return period if he returns the product before the period has expired.
3. The consumer sends the product back with all accessories, if reasonably possible in original condition and packaging, and according to the trader provided reasonable and clear instructions.
4. The risk and burden of proof of the correct and timely exercise of the right of withdrawal shall lie with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer should bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the return costs.
6. If the consumer withdraws after first having explicitly requested that the performance of the service or the supply of gas, water or electricity, which are not prepared for sale in a limited volume or set quantity, shall commence during the withdrawal period, the consumer shall owe the trader an amount which is in proportion to that part of the undertaking which has been fulfilled by the trader at the time of withdrawal as compared with the full extent of the undertaking.
7. The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
1. the trader has not provided the consumer with the legally required information on the right of withdrawal, on reimbursement of costs in the event of withdrawal or on the model form for withdrawal, or
2. the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.
8. The consumer shall bear no cost for the complete or partial delivery of digital content not supplied on a tangible medium if:
1. he has not expressly consented to the commencement of performance of the contract before the end of the cooling-off period;
2. he has not acknowledged losing his right of withdrawal when giving his consent; or
3. the proprietor has failed to confirm this declaration by the consumer.
9. If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.

1. If the trader makes it possible for the consumer to notify his withdrawal electronically, he will send an acknowledgement of receipt of this notification without delay.
2. The trader will reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the trader offers to collect the product himself, he may wait to repay the product until he has received it or until the consumer can demonstrate that he has returned it, whichever comes first.
3. The entrepreneur uses for reimbursement the same means of payment that the consumer has used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.