Specific Online Terms of Sale

These are the specific online sales conditions of Transform2Eden B.V. (hereinafter referred to as "Paradise Shaper"), a company with address De Heijbloem 43, Nuenen. Paradise Shaper is registered with the Chamber of Commerce under number 74827723.

 

Definitions

In these specific online terms of sale, the following words shall have the meanings set forth therein unless the context indicates otherwise:

Reflection period means the period within which a student can exercise their right of withdrawal;

Student means the natural person who purchases online learning materials from Paradise Shaper in the form of a course, program, modules et cetera;

Day means calendar day;

Digital content means data produced and delivered in digital form;

Durable medium means any device - including e-mail - that enables a learner or Paradise Shaper to store information addressed personally to them in a manner that permits future consultation or use for a period of time appropriate to the purpose for which the information is intended, and that permits unaltered reproduction of the stored information;

Right of withdrawal Means the possibility for a student to waive the distance contract within the withdrawal period;

Distance contract means an agreement concluded between Paradise Shaper and a student under an organized system for the distance sale of products, digital content and/or services where, up to and including the conclusion of the agreement, exclusive or joint use is made of one or more techniques for distance communication;

Withdrawal Form means the form included in the Appendix to these terms and conditions for a student to waive the distance contract within the withdrawal period;

Paradise Shaper means the company Paradise Shaper International B.V., located at Achtseweg Zuid 159R, 5651 GW in Eindhoven and registered in the Commercial Register of the Chamber of Commerce under number 74827723; and
Website means Paradise Shaper's website, being www.paradiseshaper.com.

 

Applicability

 

1. These specific online sales conditions apply to every offer made by Paradise Shaper and to every distance contract concluded between Paradise Shaper and a student.
2. Before the distance contract is concluded, the text of these specific online sales conditions shall be made available to the course participant electronically in such a way that it can be easily stored by the course participant on a durable data carrier. If this is not reasonably possible, Paradise Shaper shall, prior to the conclusion of the distance contract, indicate the manner in which the specific online conditions of sale can be viewed electronically and that they will be sent electronically or otherwise free of charge at the student's request.

 

Offer

 

1. Obvious mistakes or obvious errors in the offer of digital content and/or services do not bind Paradise Shaper.
2. Each offer contains such information that it is clear to the student what the rights and obligations are, which are attached to the acceptance of the offer.

 

Agreement

 

1. The agreement is established at the moment of the student's acceptance of the offer and fulfillment of the conditions set forth therein.
2. If the course participant has accepted the offer electronically, Paradise Shaper will confirm receipt of the acceptance of the offer electronically without delay.

 

Right of Withdrawal

1. The student may dissolve a contract relating to the purchase of a service and a contract for delivery of digital content not delivered on a tangible medium during a 14-day cooling-off period without giving reasons.
2. The cooling-off period referred to in paragraph 1 begins on the day following the conclusion of the agreement.

 

Exercise of the right of withdrawal

1. When the student exercises their right of withdrawal, they notify Paradise Shaper within the withdrawal period using the withdrawal form or other unambiguous means.
2. The risk and burden of proof for the proper and timely exercise of the right of withdrawal lies with the student.

 

Obligations of Paradise Shaper upon withdrawal

1. If Paradise Shaper enables the student's notification of withdrawal by electronic means, Paradise Shaper will send a confirmation of receipt without delay upon receipt of such notification.
2. Paradise Shaper will use the same means of payment used by the student for reimbursement, unless the student agrees to another method. The refund is free of charge to the student.

 

Price

1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Price increases within 3 months of the conclusion of the agreement are permitted only if they result from legal regulations or provisions.
3. Price increases from 3 months after the conclusion of the agreement are only allowed if Paradise Shaper has stipulated it and: 

1. they are the result of statutory regulations or provisions; or
2. the student has the authority to terminate the agreement effective the day the price increase takes effect.

1. The prices mentioned in the offer of products and/or services do not include VAT.

 

Compliance with contract and additional warranty

1. Paradise Shaper guarantees that the services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
2. An additional warranty provided by Paradise Shaper or its supplier shall never limit the legal rights and claims that the student may assert against Paradise Shaper under the agreement if Paradise Shaper has failed to perform its part of the agreement.
3. Additional warranty means any undertaking by Paradise Shaper or its subcontractor in which it grants to the student certain rights or claims beyond what it is legally obliged to do in the event it has failed to perform its part of the contract.

 

Execution of agreement and delivery

1. Paradise Shaper will exercise the utmost care in evaluating requests for the provision of services and in carrying them out.
2. Paradise Shaper will execute accepted orders within 14 days at the latest, unless another delivery period has been agreed upon. If the execution is delayed, or if an order cannot or can only be partially executed, the course participant will be informed of this at the latest 14 days after he has placed the order. The student in that case has the right to dissolve the agreement without cost.
3. Upon termination in accordance with the previous paragraph, Paradise Shaper shall promptly refund the amount paid by the student.

Payment

1. Unless otherwise stipulated in the agreement, the amounts owed by the student must be paid at the start of the agreement.
2. The student has the duty to report inaccuracies in payment details provided or stated without delay to Paradise Shaper. Payment orders to giro and bank institutions are at the expense and risk of the person giving the order (or authorization) for payment.
3. If the student is in default or omission in the (timely) fulfillment of his obligations, then all reasonable costs to obtain satisfaction out of court shall be borne by the student. In any case, the student will owe collection costs in the case of a monetary claim. The collection costs shall be due at the time Paradise Shaper has had to call in the help of third parties for collection. The collection costs are calculated in accordance with the Royal Decree of 27 March 2012: "Decree on compensation for extrajudicial collection costs".

Accounts and registration

1. The student may create an account or otherwise register on the website. Paradise Shaper reserves the right to refuse an application for such a registration or to cancel the registration again, for example after detection of irregularities.
2. The login details are strictly personal and may not be made available to third parties. The student guarantees the use of his login data, even if it is done without his knowledge.
3. The student will notify Paradise Shaper immediately if he suspects that his login information is known to a third party or other irregularities are occurring.
4. The student is not permitted to apply for or manage more than one account. The student is further not permitted to apply for or manage an account (again) after Paradise Shaper has refused the student's application for an account or cancelled a student's account after registration.

 

Force majeure

Paradise Shaper and the student are not bound to fulfill any obligation if they are prevented from doing so as a result of a circumstance that is not due to its fault, and neither under the law, a legal act or generally accepted practice.

 

Intellectual property

1. All intellectual property rights exercisable or to be exercised with respect to the services or the results of the services are and shall remain with Paradise Shaper.
2. Notwithstanding anything else in these specific online sales conditions, Paradise Shaper reserves the rights and powers vested in Paradise Shaper under the Copyright Act.
3. All documents provided by Paradise Shaper are intended solely for the use of the student and may not be reproduced, made public, or disclosed to third parties by the student without Paradise Shaper's prior permission, unless the nature of the documents provided dictates otherwise.

 

Privacy and security

1. Paradise Shaper respects the privacy of the student. Paradise Shaper handles and processes all personal data provided to it in accordance with applicable legislation, in particular the General Data Protection Regulation. The customer consents to this processing. To protect the customer's personal data, Paradise Shaper uses appropriate security measures.
2. For more information on privacy, please refer to which can be viewed on Paradise Shaper's website. 

 

Other

1. Any deviations from these specific online terms and conditions of sale can only be agreed upon in writing. No rights can be derived from such deviations with regard to legal relationships entered into at a later date.
2. Paradise Shaper's records shall, subject to proof to the contrary, serve as evidence of the requests and/or orders made by the student. The student acknowledges that electronic communication may serve as evidence. 
3. Paradise Shaper shall be entitled to transfer the rights and obligations under the agreement with the student to a third party by mere notice to the student.
4. If and insofar as any provision of the specific online sales conditions is declared null and void or is annulled, the other provisions of these specific online sales conditions shall remain in full force and effect. Paradise Shaper shall then adopt a new provision to replace the void/annulled provision, taking into account as much as possible the scope of the void/annulled provision.

 

Applicable law

Agreements, and all non-contractual obligations arising therefrom, between Paradise Shaper and the student to which these specific online terms and conditions of sale relate shall be governed exclusively by the laws of the Netherlands.