General terms and conditions

Welcome

These are the general terms and conditions of Schilderles Amsterdam.

Our website contains a webshop where (online) services, digital products and physical products can be purchased or acquired.

These terms and conditions can be saved and/or printed and are accessible on every page of the webshop.

An introduction

Schilderles Amsterdam is located at Stadionplein 67 sous, 1076 CJ in Amsterdam.

If you have any questions regarding these terms and conditions or our privacy and cookie statement, you can contact us in any of the following ways:

By email: info@schilderlesamsterdam.nl

By phone: +31 06 236565774

We are available from Monday to Friday: 09:00 – 19:00

And some important numbers:

Chamber of Commerce no.: 58420134

Dutch VAT number: NL181150736B01

Definitions

  1. The definitions stated below have the following meaning in the context of these terms and conditions:

    a) Consumer: every natural person not acting in the exercise of a profession or business;

    b) Right of withdrawal: your option not to proceed with the distance agreement within the cooling-off period;

    c) You, your: every person that uses our website, places an order and / or with whom we enter into an agreement or to whom we made an offer;

    d) Parties: you and Schilderles Amsterdam;

    e) Professional client: the business client who is not a consumer;

    f) Schilderles Amsterdam, we, us, our: the user of these general terms and conditions, located at Stadionplein 67 sous in Amsterdam;

    g) In writing: communication via (registered) post and digital communication, such as email or app.

Applicability

  1. These general terms and conditions apply to every offer, order, purchase, delivery and agreement of, from or with us, as well as all work performed or to be performed by or on behalf of us.
  2. Deviation from these general terms and conditions may be agreed upon between parties.


Updating our terms and conditions

  1. From time to time, we may wish to amend these terms and conditions. From the moment we publish the amended terms and conditions on our website, the amended terms and conditions will apply. We will inform existing customers about this via email. Such a change does not affect orders already placed. If you regularly place an order via our website, it is advisable to occasionally take a look at our general terms and conditions. Consumers are entitled to terminate the agreement in the event of a substantial change to the general terms and conditions.


What we offer

  1. If our offer has limited validity or is subject to certain conditions, this will be explicitly stated in the offer.
  2. Unfortunately, we cannot guarantee the availability of products and online services offered on our website. We have the right to withdraw a product or online service at any time.
  3. We have done our best to describe the products and online services we offer as accurately as possible. However, it may happen that certain information on this website is not entirely accurate and/or complete. If our offer contains an obvious mistake or error, we cannot be held responsible for this.


Conclusion of agreement

  1. An agreement is concluded when you accept our offer and meet the conditions set by us. In other words, the agreement between you and Schilderles is concluded:

    a) when you agree with our offer by indicating your choice on our website and completing the order, and you have received an email from us acknowledging that we have received your order (the order confirmation);

    b) If you register for an (online) course and/or workshop and have received a confirmation email from us;

    c) If we may reasonably consider your behavior as (impression of) consent.

Your account

  1. You have the opportunity to create an account on our website. We may decide to refuse/close, suspend or delete an account at our sole discretion at any time.
  2. You are responsible for (the accuracy of) your account information. We shall not be liable for typographical errors.
  3. In order to create an account, you must meet the following requirements:

    a) You can be reached by email;

    b) You have provided us with accurate and complete information;

    c) You agree to comply at all times with these terms and conditions and all relevant applicable laws and regulations.

  4. We do our best to keep the webshop as safe as possible. Nevertheless, you are solely responsible for all activity on your account. We assume that everything that happens on your account is done by you. Make sure that you maintain the confidentiality of your login details and keep your password safe.
  5. You may only create an account using your own name. It is explicitly not allowed to create an account under someone’s else’s name or to pretend to be someone else (“fake profile”). Is someone using your account or do you suspect this? Please contact us immediately.
  6. You may cancel your account at any time. Purchase agreements entered into before the deletion of your account will be processed as if your account has not been deleted. Please review our privacy and cookie statement on how we process your personal data.


Right of withdrawal for consumers

  1. It can happen that you regret your online purchase. If you have made a purchase through our website (as a consumer), you sometimes have the right to cancel your order. In principle, you have the right to withdraw from your order, without giving reasons, during a period of 14 days after the day the contract is concluded. In the case of a consumer purchase this period commences on the day after the product was received by the consumer, or a third party designated by the consumer, who is not the transporting party, or:

    a) if the consumer has ordered several products: the day on which the consumer, or a third party designated by the consumer, received the last product;

    b) if the delivery of a product involves different deliveries or parts: the day on which the consumer, or a third party designated by the consumer, received the last delivery or the last part;

    c) with contracts for the regular delivery of products during a given period: the day on which the consumer, or a third party designated by the consumer, received the first product.

There are some exceptions to the right of withdrawal. For example, the right of withdrawal is precluded in the following cases:

a) Service contracts, after full completion of the service, but only if implementation started with the explicit prior agreement of the consumer and the consumer declared having lost his right or withdrawal as soon as the trader had completed the contract in full;

b) Contracts relating to leisure activities, if the contract already stipulates a certain date or period of implementation;

3. The delivery of digital content other than on a material medium, but only if the delivery commenced with the consumer’s explicit prior agreement and the consumer declared that this implied his having lost his right of withdrawal.

4. Do you want to make use of your right of withdrawal? You can use the model withdrawal form for this or inform us in some other unequivocal way (for example, by sending an email to us). Of course we would like to understand why you want to revoke the agreement, but you are under no obligation to state your reason(s).

4. The right of withdrawal applies only to consumers and therefore not to businesses.

Execution of the agreement

  1. Professional clients cannot cancel the agreement prematurely. If the consumer wants to cancel a contract for services (overeenkomst van opdracht) prematurely, the provisions of the Dutch law on canceling contracts for services (article 7:400 Dutch Civil Code et seq.) apply, unless otherwise provided in these terms and conditions.
  2. We are allowed to engage third parties for the execution of the agreement. Articles 7:404 and 7:407(2) of the Dutch Civil Code will expressly not apply to the assignment. Article 6:76 of the Dutch Civil Code is also expressly excluded.
  3. You are not allowed to take photos and/or record other participants on video during a course or workshop.
  4. The offer states the validity period of the pass (rittenkaart) after purchase.
  5. Schilderles Amsterdam performs its activities on the basis of a best-effort obligation, unless a specific result is expressly agreed upon.
  6. Schilderles Amsterdam reserves the right to reschedule a class. You will be informed of this by email and at least 24 hours in advance.
  7. No classes are held during national holidays.
  8. During the summer period Schilderles Amsterdam works with a modified schedule.
  9. We assume that you behave properly during a course or workshop and that you will always follow the instructions of the instructor. If we notice that you do not follow the rules or instructions, you can be denied (further) access to the course or workshop.

Painting courses

  1. This provision provides additional information about our painting courses.
  2. You can view the online instructional videos via your personal account in Punchpass. In a protected environment in Vimeo, you will be able to view the instructional videos. Make sure you have the appropriate software to watch the videos. You have access to the online instructional videos for the duration of the validity of the purchased pass.
  3. You are not allowed to share the content of the painting course with others by – for example – providing them with your login codes/link to the online instruction videos. In case of illness, you may, with our prior permission, find a replacement.
  4. We may change the (content of the) course at any time and / or add to it. A change or addition does not give you the right to a refund or compensation, except when it is a substantial change. We can also choose to take the course offline for a certain period of time if this is reasonably necessary, for example, to carry out maintenance.
  5. Scheduling classes must be done through the Punchpass booking system. Available spots are assigned in order of receipt of registration. You will receive a confirmation of this. You cannot participate in a class without a reservation.
  6. A reservation may be changed or cancelled up to five hours before the start time of the class/course.
  7. If you fail to cancel in time or in case of a no show, please note that you will forfeit your ability to participate in the class.
  8. The period of validity of the painting course is explicitly stated in the offer. An extension of the validity period is not possible. Unredeemed classes expire after expiry of the validity period and will not be refunded.


Workshops

  1. This provision provides additional information about our workshops.
  2. A workshop may be cancelled by the consumer free of charge up to 14 days before the start of the workshop. In case of a cancellation within 14 days and up to 48 hours before the start of the workshop, 50% of the total amount will be refunded. Cancellation within 48 hours before the start of the workshop or when the workshop has already commenced, is not possible.
  3. We will cancel the workshop if there are insufficient bookings. We will inform you of this as soon as possible. The amount already paid for the workshop will be refunded to your bank account within 5 working days.
  4. We have the right to change the workshop location, content and date/times. You will be informed in a timely manner via email.
  5. Unless otherwise specified, (basic) materials are included in the price of the workshop. However, the use of materials is based on fair use. You can bring your own materials if you inform us about this in advance.


Painting at home

  1. This provision provides additional information about our painting at home courses.
  2. You can complete the painting at home course at your own pace. We will give you access to the course for a period of 12 months from the time of registration.
  3. The place of delivery of the (materials of the) painting at home course is the address you have made known to us.
  4. We strive to deliver the materials of your painting at home course as fast as possible and in any event, on the date set out in the order confirmation or, if no delivery date has been specified, within 30 days of the order confirmation. If we are unable to deliver within 30 days, we will inform you of this. In that case, you have the option to dissolve the agreement.
  5. The risk of damage and / or loss of products lies with us until the time at which the products are delivered to you.


Gift card

  1. This provision provides additional information about our gift cards.
  2. Every gift card has a unique code. Has the code been lost or have you, or the recipient of the gift card, lost the gift card for any reason? You, or the recipient of the gift card, won’t be entitled to a reimbursement.
  3. A gift card is valid for a maximum of two years after purchase. After this period, the gift card expires.
  4. Gift cards and/or the remaining balance cannot be redeemed for cash.
  5. The brokering (i.e. trading or selling) of our gift cards is strictly forbidden.


Prices and payment conditions

  1. During the period of validity stated in the offer, the price(s) of the product(s) offered will not be increased, except in the event of price changes as a result of changes in VAT tariffs.
  2. The payment methods that we offer are listed on our website. Do you pay on our website with iDEAL? Then the transactions will be processed by the payment service provider Stripe. This means that we share your necessary (personal) data, such as payment details, with Stripe. You understand and accept this.
  3. The prices listed on our webshop are “final prices”. This means that they are inclusive of statutory VAT and other levies imposed by the government. Prices communicated to professional clients are exclusive of statutory VAT.
  4. If you fail to fulfill your payment obligations in a timely manner, we shall first inform you of the late payment and grant you an additional term of 14 days within which to fulfill your payment obligations. If you fail to fulfill your payment obligations within this additional term, we are entitled to charge the statutory interest on the amount still owed and extrajudicial collection costs that it incurs. These collection costs will amount to a maximum of: 15% of outstanding amounts up to € 2.500,= 10% of the subsequent € 2.500,= and 5% of the following € 5.000, with a minimum of € 40,=. We can diverge from the stated amounts and percentages if this is in your benefit.
  5. Our prices may change. However, such changes will not affect any order you have made and for which we have already sent you an order confirmation. For price increases more than 3 months after the contract was concluded, the consumer has the right to terminate the contract.


Liability

  1. Our liability for damages suffered by the consumer, resulting from an attributable failure in the performance of the agreement, is limited to direct damages. Please note, however, that we do not exclude liability for personal injury or death of the consumer as a result of an act or omission of Schilderles Amsterdam.
  2. Should Schilderles Amsterdam be held liable for any direct damage, its liability will be limited to the amount paid out by the insurer of Schilderles Amsterdam, plus the amount of its excess under such policy.
  3. Our liability for any direct or indirect damage, suffered by the professional client, resulting from an attributable failure to comply with the agreement, an unlawful act, or otherwise, is excluded.
  4. Please note that, during a workshop or course, materials will be used that can cause damage to clothing, belongings, and so on. Schilderles Amsterdam is not responsible for this. Therefore it’s not the best idea to show up for a painting course in your amazing (new) dress.
  5. Schilderles Amsterdam is not liable for any damage and/or theft of your property (which includes paintings).
  6. The limitation of liability as set out in the preceding sections, does not apply if and insofar as the damage is caused by the deliberate act or gross negligence on the part of Schilderles Amsterdam.
  7. Any claim against Schilderles Amsterdam expires within 12 months after the agreement has come to an end.


Force majeure

  1. Is there a case of force majeure? Then we cannot be held to fulfill our obligations towards you. But what exactly is force majeure? Force majeure is any circumstance, foreseen or unforeseen, over which we have no control and which prevents us from reasonably fulfilling our obligations.

For example: due to corona measures it is temporarily not possible to enjoy a painting course. You will be entitled to compensation for the classes that you won’t be able to enjoy. We may choose to offer you an alternative (such as an online course, extension of course validity or a voucher for example), but you are under no obligation to accept this.

If you have a complaint

  1. Do you have a complaint? We are very sorry to hear that. Complaints about the performance of the agreement must be submitted to us within a reasonable time after you have found the defects and should be clearly defined. We appreciate it when you report a complaint on the day itself (for example during a course or workshop), so we can respond immediately.
  2. You will receive a response to your complaint within 7 days at the latest (counting from the date of receipt of the complaint). If it is not yet possible to provide a substantive or definitive response within this period, we will confirm the receipt of the complaint within 7 days at the latest and indicate the period within which we expect to be able to provide a substantive or definitive response to the complaint.
  3. If we consider the complaint to be well-founded, we will come up with a reasonable solution as soon as possible.
  4. You also have the option of submitting your complaint to the European Commission’s ODR platform. Click on this link to submit your complaint.


Intellectual property

  1. All intellectual property rights relating to online tutorial videos, practice materials made available, and so forth, are owned by us or our licensor(s). Such materials may not be reproduced or disclosed by you.
  2. We would like to show your beautiful creations on our social media channels and/or webshop. As such, we will ask for your permission before, during or after the course or workshop.

Competent court, applicable law

  1. Do we have a conflict? Then it’s good to know that all disputes related to the agreement will be submitted to the competent Dutch court in the district where Schilderles Amsterdam is located. Within one (1) month after we have invoked the jurisdiction of this court in writing, the consumer has the option to choose the competent court according to the law to settle the dispute.
  2. Our agreement is exclusively governed by Dutch law.

Last but not least

  1. If a provision of these general terms and conditions is unlawful, invalid, or unenforceable for any other reason, the other provisions will remain in full force.
  2. These general terms and conditions have been drawn up in Dutch and English. In the event of a difference or discrepancy between the Dutch text and the English text of these general terms and conditions or in case of a difference in the interpretation thereof, the general terms and conditions drawn up in the Dutch language shall prevail.

Congratulations, you have read these terms & conditions in full! This is obviously quite an achievement, which is why we will send you a mini canvas. All you have to do is let us know and we will take care of it.