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E-mail: info@zapply.nl
Website: Zapply.eu
Legal Address of Company: Johan Huizingastraat 54, 1827NB, Alkmaar, The Netherlands
KVK: 91676177
Whatsapp number: +31 020 308 62 63
VAT number: NL865734021B01
Chamber of Commerce number: 87685981
1. MJ Learning: Zapply, established in Amsterdam under Chamber of Commerce number 87685981.
2. Customer: the person with whom MJ Learning has entered into an agreement.
3. Parties: MJ Learning and customer together.
4. Consumer: a customer who is also an individual and who acts as a private person.
Applicability of general terms and conditions
Prices
Monsters and models
If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.
Payments and payment terms
Consequences of not paying on time
Right of complaint
Right of withdrawal
Reimbursement of delivery costs
Return shipping costs reimbursement
If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the entire order will be borne by the consumer, unless the consumer returns the entire order to the return address specified by MJ Learning.
Return address for order in case of cancellation
If the consumer exercises his right of withdrawal, he is eligible for compensation for the
If the consumer exercises his right of withdrawal, he is eligible for reimbursement of the costs for returning the entire order if the order is returned to:
MJ Learning, Antwoordnummer, 1075 RZ 1075RZAmsterdam
Right of suspension
Unless the Customer is a consumer, the Customer waives the right to suspend the performance of any obligation arising from this Agreement.
Right of retention
MJ Learning may invoke its right of retention and in that case retain the customer's products until the customer has paid all outstanding invoices to MJ Learning, unless the customer has provided sufficient security for those costs.
The right of retention also applies on the basis of previous agreements from which the customer still owes payments to MJ Learning.
MJ Learning is never liable for any damage that the customer may suffer as a result of exercising his right of retention.
Settlement
Unless the customer is a consumer, the customer waives his right to offset a debt to MJ Learning against a claim on MJ Learning.
Retention of title
MJ Learning shall remain the owner of all delivered products until the customer has fully complied with all its payment obligations towards MJ Learning under any agreement concluded with MJ Learning, including claims relating to failure to comply.
Until then, MJ Learning can invoke its right of ownership and take back the items.
Before ownership has passed to the customer, the customer may not pledge, sell or alienate the products.
or otherwise object.
If MJ Learning invokes its retention of title, the agreement will be deemed to have been terminated and
MJ Learning has the right to claim damages, lost profits and interest.
Delivery
Delivery will take place while stocks last.
Delivery will take place at MJ Learning, unless the parties have agreed otherwise.
Delivery of products ordered online will take place at the address specified by the customer.
If the agreed amounts are not paid or are not paid on time, MJ Learning has the right to
to suspend obligations until the agreed portion has been paid.
In the event of late payment, the creditor is in default, with the result that the customer cannot accept late delivery to MJ.
Learning can be countered.
Delivery time
The delivery times stated by MJ Learning are indicative and do not entitle the customer to cancellation or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
The delivery period commences at the moment that the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation from MJ Learning.
Exceeding the specified delivery time does not entitle the customer to compensation or the right to terminate the agreement, unless MJ Learning cannot deliver within 14 days after written notice to do so or the parties have agreed otherwise.
Actual delivery
The customer must ensure that the actual delivery of the products ordered by him can take place on time.
Shipping costs
Shipping costs
Transportation costs are for the account of the customer, unless the parties have agreed otherwise.
Packaging and shipping
If the packaging of a delivered product is opened or damaged, the customer must have a note made of this by the carrier or delivery person before receiving the product, failing which MJ Learning cannot be held liable for any damage.
If the customer arranges for the transport of a product himself, he must report any visible damage to products or packaging to MJ Learning prior to transport, failing which MJ Learning cannot be held liable for any damage.
Storage
If the customer receives ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
Any additional costs resulting from premature or late collection of products will be borne entirely by the customer.
Warranty
The warranty with respect to products applies only to defects caused by defective manufacturing, construction or material.
The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, modifications to the product, negligence or improper use by the customer, or if the cause of the defect cannot be clearly determined.
The risk of loss, damage or theft of the products that are the subject of an agreement between the parties shall pass to the customer at the time when they are legally and/or actually delivered, or at least come into the possession of the customer or of a third party who receives the product on behalf of the customer.
Swap
Exchanging purchased items is only possible if the following conditions are met:
Exchanges can be made within 14 days of purchase upon presentation of the original invoice.
The product must be returned in the original packaging or with the original (price) tags still attached.
The product has not yet been used.
Discounted items, non-durable items such as food, custom-made items or items specially adapted for the customer and Products that have already been used cannot be exchanged.
Disclaimer
The customer indemnifies MJ Learning against all claims from third parties relating to the products and/or services supplied by MJ Learning.
Complaints
The customer must examine a product or service supplied by MJ Learning as soon as possible for any deficiencies.
If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform MJ Learning of this as soon as possible, but in any case within 1 month after discovering the shortcomings.
Consumers must inform MJ Learning of any deficiencies within 2 months of discovering them.
The customer must provide as detailed a description as possible of the deficiency, so that MJ Learning is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this may in any case not lead to MJ
Learning may be required to perform work other than that agreed upon.
Notice of default
1. The customer must notify MJ Learning of any notice of default in writing.
2. It is the customer's responsibility to ensure that a notice of default actually reaches MJ Learning (in a timely manner).
Customer's joint and several liability
If MJ Learning enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts owed to MJ Learning under that agreement.
Liability MJ Learning
MJ Learning is only liable for any damage suffered by the customer if and to the extent that such damage is caused by intent or deliberate recklessness.
If MJ Learning is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.
MJ Learning is never liable for indirect damage, such as consequential damage, lost profits, missed savings or damage to third parties.
If MJ Learning is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance policy and in the absence of (full) payment of the amount of damages by an insurance company, the liability is limited to the (part of the) invoice amount to which the liability relates.
All images, photos, colours, drawings, descriptions on the website or in a catalogue are only indicative and are only approximate and cannot give rise to compensation and/or (partial) termination of the agreement and/or suspension of any obligation.
Expiry date
Any right of the customer to compensation from MJ Learning shall in any case expire 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of article 6:89 of the Civil Code.
Right of withdrawal
The customer has the right to terminate the agreement if MJ Learning is culpably in breach of its obligations, unless this breach, given its special nature or minor significance, does not justify termination.
If compliance with the obligations by MJ Learning is permanently or temporarily impossible, dissolution can only take place after MJ Learning is in default.
MJ Learning has the right to terminate the agreement with the customer if the customer does not fully or timely fulfil his obligations under the agreement, or if MJ Learning has become aware of circumstances that give it good reason to fear that the customer will not be able to properly fulfil his obligations.
Force majeur
In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by MJ Learning to fulfil any obligation towards the customer cannot be attributed to MJ Learning in a situation beyond the control of MJ Learning, which prevents the fulfilment of its obligations towards the customer in whole or in part or which makes it unreasonable to expect MJ Learning to fulfil its obligations.
The force majeure situation referred to in paragraph 1 also includes - but is not limited to: state of emergency (such as civil war, uprising, riots, natural disasters, etc.); default and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
If a force majeure situation occurs as a result of which MJ Learning cannot fulfil one or more obligations to the customer
If a force majeure situation occurs as a result of which MJ Learning cannot fulfil one or more obligations to the customer, those obligations will be suspended until MJ Learning can fulfil them again.
From the moment that a force majeure situation has lasted for at least 30 calendar days, either party may terminate the agreement in writing in whole or in part.
In the event of force majeure, MJ Learning is not liable for any compensation (for damages), even if it enjoys any benefit as a result of the force majeure situation.
Amendment of the agreement
If, after the conclusion of the agreement, it appears necessary to change or supplement its content for its execution, the parties shall adjust the agreement accordingly in a timely manner and in mutual consultation.
The previous paragraph does not apply to products purchased in a physical store.
Changes to general terms and conditions
MJ Learning is entitled to change or supplement these general terms and conditions.
Minor changes may be made at any time.
MJ Learning will discuss major content changes with the customer in advance as much as possible.
Consumers are entitled to cancel the agreement in the event of a material change to the general terms and conditions.
say.
Transfer of rights
Customer rights under an agreement between the parties may not be transferred to third parties without the prior written consent of MJ Learning.
This provision applies as a clause with property law effect as referred to in Article 3:83, paragraph 2, of the Dutch Civil Code.
Consequences of nullity or voidability
If one or more provisions of these general terms and conditions prove to be null and void or voidable, this will not affect the other provisions of these terms and conditions.
A provision that is void or voidable will in that case be replaced by a provision that comes closest to what MJ Learning had in mind when drawing up the conditions on that point.
Applicable law and competent court
Dutch law applies exclusively to any agreement between the parties.
The Dutch court in the district where MJ Learning is established / practices / has an office is
exclusively authorized to hear any disputes between the parties, unless the law prescribes otherwise.
Created on October 3, 2022.
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