General terms and conditions regarding orders (booklets) at Trauma Company
General terms and conditions based on the model terms and conditions of Stichting WebwinkelKeur
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 – Costs in case of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and execution
Article 12 – Duration transactions: duration, termination, and extension
Article 13 – Payment
Article 1 – Definitions In these conditions, the following terms shall have the following meanings:
Article 2 – Identity of the entrepreneur
Trauma Company B.V. Dwarsgraafweg 3 3774 TG Kootwijkerbroek The Netherlands T +31 6 – 11 072 360 E info@trauma-company.nl Chamber of Commerce number: 89412907 VAT number: NL864975697B01
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal When delivering products:
Article 7 – Costs in case of withdrawal
1. If the consumer exercises their right of withdrawal, the maximum cost for returning the product shall be borne by the consumer.
2. If the consumer has made a payment, the entrepreneur shall reimburse this amount as soon as possible but no later than 14 days after withdrawal. This reimbursement is conditional on the product having already been received by the webshop or conclusive proof of complete return is provided. The reimbursement shall be made using the same payment method used by the consumer unless the consumer expressly consents to a different payment method.
3. In case of damage to the product due to careless handling by the consumer, the consumer shall be liable for any decrease in the product’s value.
4. The consumer cannot be held liable for any decrease in the product’s value if the entrepreneur has not provided all legally required information regarding the right of withdrawal before concluding the purchase agreement.
Article 8 – Exclusion of the right of withdrawal
1. The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly indicated this in the offer or, at the latest, before concluding the contract.
2. The right of withdrawal may be excluded for products that:
– Are tailored to the consumer’s specifications;
– Are clearly of a personal nature;
– Cannot be returned due to their nature;
– Are perishable or aging;
– Have prices tied to fluctuations in the financial market over which the entrepreneur has no influence;
– Are for newspapers and magazines;
– Are for audio and video recordings and computer software if the consumer has broken the seal;
– Are for hygiene products if the consumer has broken the seal.
3. The right of withdrawal may be excluded for services:
– Relating to accommodation, transportation, restaurant, or leisure activities to be performed on a specific date or during a specific period;
– Whose delivery has begun with the consumer’s explicit consent before the withdrawal period has expired;
– Concerning bets and lotteries.
Article 9 – The price
1. During the validity period mentioned in the offer, the prices of the offered products and/or services shall not be increased, unless due to changes in VAT rates.
2. In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. These fluctuations and the fact that any mentioned prices are target prices will be mentioned in the offer.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
– They result from legal regulations or provisions, or
– The consumer has the right to terminate the contract from the day on which the price increase takes effect.
5. The prices mentioned in the product or service offer include VAT.
6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and warranty
1. The entrepreneur guarantees that the products and/or services comply with the contract, the specifications mentioned in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations that exist on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s legal rights and claims under the contract.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. Return of the products must be in the original packaging and in new condition.
4. The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:
– The consumer has repaired or altered the delivered products themselves or had them repaired or altered by third parties;
– The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the entrepreneur’s instructions and/or packaging instructions;
– The defect is wholly or partially the result of regulations that the government has or will impose regarding the nature or quality of the materials used.
Article 11 – Delivery and performance
1. The entrepreneur will take the greatest possible care when receiving orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has provided to the company.
3. The company will execute accepted orders promptly but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In this case, the consumer has the right to dissolve the contract free of charge. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any stated deadlines. Exceeding a deadline does not entitle the consumer to compensation.
5. In case of dissolution in accordance with the third paragraph of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 14 days after dissolution.
6. If it is impossible to deliver a product ordered, the entrepreneur will make an effort to provide a replacement item. It will be mentioned clearly and comprehensibly that a replacement item is being delivered before delivery. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a designated and known representative of the entrepreneur, unless explicitly agreed otherwise.
Article 12 – Long-term transactions: duration, termination, and extension
Termination
1. The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.
2. The consumer can terminate an agreement entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month, ending at the end of the agreed period.
3. The consumer can terminate the agreements mentioned in the previous paragraphs:
– At any time and is not limited to termination at a specific time or during a specific period;
– At least terminate in the same way as they were entered into by him;
– Always terminate with the same notice period as the entrepreneur has stipulated for himself.
Extension
1. An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed term.
2. In deviation from the previous paragraph, an agreement
that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months if the consumer can terminate this extended agreement at the end of the extension period with a notice period of no more than one month.
3. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the case of an agreement that extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
4. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly renewed and ends automatically after the trial or introductory period.
Duration
1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year, with a notice period of no more than one month, unless the reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 – Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received the confirmation of the agreement.
2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
3. In case of default by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge the reasonable costs communicated to the consumer in advance.
Article 14 – Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 4 weeks after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 7 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
Article 15 – Disputes
1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.
Article 16 – Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer on a durable medium.
December 2023, Trauma Company
General terms and conditions regarding the course offerings of Trauma Company
Article 1 – Definitions
In these general terms and conditions, the following terms are used in the following meaning, unless otherwise indicated:
• Client: the natural or legal person with whom Trauma Company is in negotiations regarding an agreement, enters into an agreement, and/or has entered into an agreement with Trauma Company.
• Participant: the natural or legal person who in any way makes use of the services of Trauma Company.
• Course: where the term “course” is used, it also refers to training, workshop, supervision, or guided peer review; it concerns a form of education where there is direct contact between the participant and the instructor or trainer.
• Agreement: the binding commitment concluded between Trauma Company and the client, to obtain the services agreed upon in the agreement.
Article 2 – Applicability of the conditions
2.1 These general terms and conditions apply to all agreements related to work carried out by Trauma Company with the client, unless the parties have deviated from these conditions in writing.
Article 3 – Agreements
3.1 The prices displayed on the website are per course as described in the offering and are exempt from VAT, unless otherwise indicated.
3.2 By ticking the box for the general terms and conditions during registration, the participant declares to be aware of the general terms and conditions. If the participant does not agree to the general terms and conditions, the registration process will not be continued.
3.3 The participant registers for a course by completing and submitting the registration form on the website. Telephone reservations are not possible.
3.4 All registrations are processed by Trauma Company in the order of receipt.
3.5 Upon receipt of the registration form, the webshop sends an automatically generated confirmation. This confirmation takes place under the suspensive condition of the course proceeding, availability of space, and meeting any admission requirements. Approximately two weeks before the start of the course, the participant will receive a notification regarding the course’s confirmation along with further practical information.
3.6 The invoice is emailed to the participant’s email address approximately 4 weeks but no later than 2 weeks before the start of the course, unless otherwise indicated on the registration form. The participant is responsible for timely payment. If the participant’s employer covers the course costs, the participant is still responsible for timely payment.
3.7 For in-company courses: all quotations from Trauma Company are valid for fourteen days, unless the quotation specifies a different acceptance period. After the expiration of the specified period, no rights can be derived from the quotation. Trauma Company is not bound by its quotations if the Client can reasonably understand that the quotations, or any part thereof, contain an obvious mistake or clerical error. If the Client deviates from the offer included in the quotation, Trauma Company is not bound by it. In such a case, Trauma Company may, if it wishes, send a new quotation or maintain the original quotation. A composite quotation does not oblige Trauma Company to perform part of the assignment against a corresponding part of the stated price. Quotations are not automatically applicable to future orders.
Article 4 – Execution of the agreement
4.1 Trauma Company will execute the agreement to the best of its ability, knowledge, and in accordance with the requirements of good craftsmanship.
4.2 Trauma Company reserves the right to have the agreement, in whole or in part, executed by third parties.
4.3 Trauma Company is not liable for registrations that do not match the participant’s level, resulting in the desired outcome not being achieved.
Article 5 – Course Payments
5.1 Payment is made as indicated on Trauma Company’s website. After placing the order for the desired course, Trauma Company, through its partner Trauma Care Company, will send the invoice to the participant no later than 2 weeks before the start of the course. The participant is responsible for settling the invoice.
5.2 Payments are made per course; for registrations for multiple courses, the participant will have to make multiple payments.
Article 6 – Cancellation Conditions
6.1 The participant may cancel a course free of charge and without stating a reason until 1 week before the start of the course. After that, a €50.00 administration fee will be charged to the participant in case of cancellation.
6.2 Only in case of illness or another exceptional circumstance can the participant cancel his/her participation free of charge, provided that this is reported before 08:30 AM on the relevant course day via email to info@trauma-company.nl and by phone at 06 – 11 07 23 60, with a valid reason. If the participant cancels later or without a valid reason, or if Trauma Company does not receive the cancellation properly for any reason, a €50.00 administration fee will still be charged to the participant.
6.3 If the course has already been paid for by the participant, the participant may choose, in the case of Article 6.1 or Article 6.2, whether he/she wants to receive a refund of the course fee or reschedule the course to a different time. If the participant chooses the latter option and the specific course is more expensive at a later time (e.g., due to indexing or changing from online to in-person delivery, for which the participant originally registered), the additional costs will be charged to the participant. This will be clearly communicated at the time of cancellation and confirmed via email to the participant. If the participant decides to receive a refund, the participant’s fee will be refunded within 14 working days, in accordance with the General Terms and Conditions.
6.4 Refunds will be made by transferring the (remaining) course fee (minus any administration fees) to the bank account from which the course was paid, within 14 working days.
6.5 A request to move a participant to another course or course date is possible until 1 day before the start of the course, provided it is requested via email to info@trauma-company.nl or by phone at 06 – 11 07 23 60. An administration fee of €25.00 will be charged for this.
6.6 Cancellation is only possible for the entire training program and not for individual course days.
6.7 The same conditions as described in Article 6.1 apply to the cancellation of the entire training program.
6.8 Trauma Company may cancel a course free of charge if there are not enough participants registered for a specific course. This decision will be made two weeks before the course starts, with a maximum extension to one week before the course starts. The participant has the right to transfer to another date without administration fees or receive a 100% refund of the course fee.
6.9 In the event of a trainer from Trauma Company being unavailable for any reason, Trauma Company will make every effort to arrange suitable replacement. If this is not possible, Trauma Company will provide an alternative course date as soon as possible. In this case, the participant is not entitled to compensation or reimbursement of (additional) travel expenses or other costs incurred. The unavailability of a trainer and any resulting change in course dates are not reasons for free cancellation or termination by the participant.
Article 7 – Termination of the Agreement
7.1 Within 14 days of purchase, the participant has the right to cancel free of charge. This does not apply if the participant has participated in the respective course within these 14 working days or without any notice of cancellation of participation in the course.
7.2 In situations where the participant disrupts the training, causing limitations for other participants in following the training or impairing the instructor’s ability to perform their duties, the instructor reserves the right to deny the participant further access to the training.
Article 8 – Intellectual Property
8.1 Trauma Company retains the rights and powers granted to it under copyright law.
8.2 The copyright and/or other intellectual property rights related to a course provided by Trauma Company and/or the course materials belong to Trauma Company and/or the instructor(s) of the respective course.
8.3 Any readers provided for the preparation of a training will be made digitally available to the participants.
8.4 The readers are intended solely for the participant’s use in preparing for a training and are practically usable as reference materials.
8.5 The readers may not be copied or distributed without written permission from Trauma Company.
8.6 The readers may not be made available to third parties for educational purposes without written permission from Trauma Company.
8.7 The readers may not be posted on the public internet without written permission from Trauma Company.
8.8 Trauma Company reserves the right to use the knowledge gained from the execution of its activities for other purposes, provided that no confidential information is disclosed to third parties.
Article 9 – Confidentiality
9.1 Both parties are obligated to maintain confidentiality regarding all confidential information they have obtained from each other or from other sources in the context of their agreement. Information is considered confidential if it has been made known by the other party or if it arises from the nature of the information or the nature of the course.
9.2 All participants in the course and the course leader are required to maintain confidentiality regarding all client-related and personal information discussed during the course.
Article 10 – Complaints Procedure
10.1 Complaints can be submitted as outlined in the complaints procedure on Trauma Company’s public website.
10.2 Complaints about the services provided must be reported by the participant by email to info@trauma-company.nl within 4 weeks after completing the course.
10.3 Complaints submitted following the complaints procedure will be handled confidentially and reasonably.
Article 11 – Liability
11.1 Trauma Company provides training materials and a course space. Damage caused by negligence or misuse of materials by the participant will be charged to the participant by Trauma Company.
11.2 Trauma Company is not liable for failing to obtain a certificate. In this case, no refund will be provided.
11.3 Trauma Company is never liable for any damage suffered by the participant during the performance of the agreement, unless such damage is the direct result of intent or gross negligence on the part of Trauma Company or third parties engaged by Trauma Company. Trauma Company is never liable for consequential damage, personal injury, or loss of income. Liability for indirect damage is excluded.
11.4 In addition to the above-mentioned limitations of liability, Trauma Company is never liable for an amount higher than the amount for which it is insured. If the insurer does not pay out, Trauma Company is never obliged to compensate for a higher amount of damage than the amount invoiced by Trauma Company for the relevant agreement in which the damage occurred.
Article 12 – Force Majeure
12.1 Force majeure, in these general terms and conditions, is understood to mean, in addition to what is understood by law and jurisprudence, all external causes over which we cannot exercise any influence but which prevent Trauma Company from fulfilling its obligations towards the participant.
12.2 During force majeure events affecting Trauma Company, Trauma Company’s obligations will be suspended or assumed by a third party with similar knowledge and experience. If Trauma Company cannot fulfill its obligations within 3 months, the course fee will be refunded.
Article 13 – Applicable Law
13.1 Dutch law applies to every agreement between Trauma Company and the participant, even if the participant is domiciled abroad.
Article 14 – Changes to the Terms
14.1 If these general terms and conditions are changed in content, this will be communicated through Trauma Company’s website.
December 2023, Trauma Company