Terms and Conditions

Terms and Conditions
Dutch Art Education

Section 1 Definitions
1.1 Dutch Art Education manages the website www.dutcharteducation.com which lists instructions and actions for the manufacture of (art) objects.
1.2 In these terms and conditions the following terms are used with the following meaning, unless explicitly stated otherwise or the context otherwise indicates:
a. Dutch Art Education: the user of these terms and conditions: Dutch Art Education located at IJsvogelvlinder 64 in Zwolle, registered at the Chamber of Commerce under KvK number 08198439;
b. participant: the internet user who uses the services offered on the website;
c. service: the instructions and actions on the website which the participant can see after registration;
d. Agreement: the agreement established after the registration of the participant with Dutch Art Education;
e. website: the website www.dutcharteducation.com.

Section 2 General
2.1 These terms and conditions apply to all services offered on the website and to any agreement between Dutch Art Education and the participant on which Dutch Art Education has stated these terms and conditions to be pertinent.
2.2 Any exceptions to these terms and conditions are valid only if explicitly agreed in writing or electronically.
2.3 Where to certain in these terms and conditions specified terms, different terms are agreed upon, the remaining terms and conditions apply in full.
2.4 If one or more stipulations in these terms and conditions are void or could be destroyed, the remaining provisions of these terms and conditions apply in full.  Dutch Art Education and the participant will engage in dialogue so as to establish new provisions to replace the invalid or void provisions, where and as far as possible the intent and scope of the original provision must be respected.

Section 3 Liability for links on the website
The website may contain links to other websites than www.dutcharteducation.com. Dutch Art Education cannot monitor those other websites nor accept any responsibility for its contents. Dutch Art Education cannot be held liable for this content.

Section 4 Offers
4.1 All offers are non-committal, unless otherwise indicated.
4.2 Dutch Art Education is not bound by its offer in case of printing, typographical, or programming errors in its catalogs, mailings or on the website.

Section 5 Registration
To use the service the participant has to register. Registration is accomplished by completing the online registration form.

Section 6 the Agreement
6.1 The Agreement is established at the time Dutch Art Education has sent an electronic confirmation to the participant after completing his registration.
6.2 The participant receives a username and a password from Dutch Art Education. The username and password are strictly private and confidential, and may not be shared with others.
6.3 The participant accepts that Dutch Art Education has the right to deactivate the account of the participant if the participant or a third party abuse the website, there are other irregularities or technical breakdowns, whatever the cause.

Section 7 Duration of the Agreement and termination
7.1 This Agreement is made for the duration of 1 year. Without termination notice, the Agreement will be extended automatically by 1 year after the expiry of the annual deadline.
7.2 Termination is possible up till 1 calendar month before the annual deadline and should be made either in writing or electronically.

Section 8 Implementation of the Agreement
8.1 Dutch Art Education is entitled to renew and/or expand the website; this is not a requirement of Dutch Art Education. The participant accepts the site as it was at the time of the conclusion of the agreement and does not claim any renewal and/or expansion.
8.2 Dutch Art Education does not guarantee that following the instructions and implementing the actions listed on the website will achieve the desired result. Dutch Art Education cannot be held responsible if the (art) object that the participant has made, through following the instructions and implementing the actions listed on the website, does not meet the needs of the participant.

Section 9 Rates and price change
9.1 Declared rates for the service are inclusive of VAT and other taxes which the government imposes.
9.2 If the rates of Dutch Art Education rise, then the participant has the right to cancel the agreement within 10 days after notice of the rise by Dutch Art Education. The cancellation should be invoked through either written or electronic statement.
9.3 A rise in rates due to an increase of sales tax or other legal measure is not a ground for cancellation.

Section 10 Obligations of participant
10.1 All data and information that the participant states in entering the agreement must be complete and correspond to the truth.
10.2 The participant is not allowed to utilize the service such a way that it would affect the proper functioning of systems of Dutch Art Education or those of third parties or that other participants of the website are hindered or impeded.
10.3 The participant shall indemnify the Dutch Art Education for possible claims by third parties, which, in connection with the implementation of the agreement suffer damage and which is accountable to the participant.
10.4 The participant is required to observe all safety instructions listed on the website or which are specified in the instructions for use of materials that the participant used in the execution of actions described of the website. Dutch Art Education is not liable for any damage whatsoever suffered, due to failure of the participant to comply with the safety instructions.

Section 11 Complaints and statute of limitations
11.1 Complaints about the service can be reported to:
Dutch Art Education
IJsvogelvlinder 64
8016 HN Zwolle
e-mail: fam.v.steenwijk@home.nl
tel: ++31384606507
11.2 Complaints made to Dutch Art Education will be dealt with within 30 days. If handling of a complaint within the period of 30 days is unexpectedly not possible, the participant will be informed of the duration of the delay.
11.3 All claims against Dutch Art Education which are not submitted to Dutch Art Education within 1 year after their occurrence will be expired by limitation.

Section 12 Payment
12.1 Payment for the service shall be as specified during the registration process.
12.2 If the participant defaults its timely payment, Dutch Art Education will deactivate the account of the participant. If the participant after formal notice and after notice of default, remains negligent in paying, Dutch Art Education can hand over the claim for collection to a third party, in which case the participant in addition to the total amount then due compounded with the legal interest will also be required to pay all legal and extrajudicial costs.

Section 13 Liability
13.1 The participant is fully responsible for any use of the service. Dutch Art Education is never liable for damage the participant has inflicted to themselves or to third parties during the operations which are listed on the website or during the use of materials which are listed on the website.
13.2 Dutch Art Education may not be taken to compensate for any damage, which is a direct or indirect result of:
a. An event, which is in fact beyond its power and thus cannot be attributed to her, such as described in Section 14 of these terms and conditions;
b. any act or omission of the participant.
13.3 The information and services on the website may contain technical inaccuracies and/or typographical errors.
13.4 Dutch Art Education does not guarantee accessibility of the website at any time and without interruption or disturbance. Dutch Art Education strives to keep its services accessible 7 days per week and 24 hours a day, but may interrupt access, for maintenance, updating and/or any other technical reason.
13.5 Dutch Art Education is not liable for any damage the participant has suffered as a result of the interruptions as expressed in paragraph 4 of this Section, unless the interruption through a fault of Dutch Art Education is unreasonably long. In that case, the compensation that Dutch Art Education should pay per month shall not exceed 1 month subscription.
13.6 All information and data on the website are composed with the utmost care. It may well be that the website contains errors and/or deficiencies. Dutch Art Education is not liable for damages resulting from errors and/or deficiencies, problems caused by, or inherent in the use of the website as well as technical malfunctions.
13.7 The use of the website is at risk of the participant. Dutch Art Education is in no way liable for the suitability of the website for any purpose or use.
13.8 Dutch Art Education can not in any way be held liable for the loss of the access codes of the participant. Dutch Art Education can therefore not be held responsible for any unauthorized use of the access codes of the participant by third parties.
13.9 Dutch Art Education is never liable for indirect damage, including consequential damages, lost profits, missed savings and damage due to business stagnation.
13.10 If Dutch Art Education is found liable for any damages; liability is limited to a maximum of 1 month subscription which the participant is charged.
13.11 The in these terms and conditions included limitations of liability do not apply if the damage is due to intent or gross negligence on the part of Dutch Art Education or her subordinates.

Section 14 Force Majeure
14.1 Dutch Art Education is not bound to the fulfillment of any obligation, if she is hindered due to a fact which is not due to liability, and neither under the law, an act or for which she in the prevailing views is accountable.
14.2 circumstances within the meaning of paragraph 1 of this Article are, in particular, but not limited to, non-functioning of the host server of Dutch art education, disruptions in the Internet traffic, disruptions caused by spamming, a business failure, the failure of the power or material supply and a disruption on the computer network used by Dutch Art Education.

Section 15 Termination of the Agreement
15.1 Dutch Art Education is empowered to suspend the fulfillment of their obligations or to terminate the agreement if:
a. the participant does not fully comply with the obligations under the Agreement;
b. after conclusion of the Agreement, Dutch Art Education has become aware of circumstances which gives good reason to fear that the party will not fulfill his obligations. In case there is good reason to fear that the participant can only partially or cannot properly fulfill his obligations, suspension shall only be allowed in so far the deficiency justifies this;
c. if the participant has been granted suspension of payment;
d. if the participant is in a state of bankruptcy;
e. with respect to the participant a statutory debt arrangement has been applied.
15.2 If the Agreement is dissolved, the claims of Dutch Art Education are immediately due and payable. If Dutch Art Education suspends the fulfillment of their obligations suspensions, she retains her claim under the law and the Agreement.

Section 16 Confidentiality
16.1 Dutch Art Education is obliged to preserve the confidentiality of all confidential information which they have obtained in the framework of the Agreement with the participant. Information shall be treated as confidential if this communicated by the participant, or when it arises from the nature of the information.
16.2 If, by virtue of a statutory provision or a judicial ruling, Dutch Art Education is required to release confidential information to, by the law or the competent court appointed third parties, and Dutch Art Education itself on the matter cannot rely on a legal or by the competent courts recognized or permitted duty of exclusion, then Dutch Art Education will not be required to compensate for damages it incurred.

Section 17 Intellectual property
By the provision of services no copyrights under the Copyright Act and/or Database law are transferred. The participant acquires non-exclusive use. All rights of intellectual property developed under the Agreement or the published texts, images, sketches, photographs, films, training materials and the like are only with Dutch Art Education or its licensor, unless otherwise agreed either in writing or electronically. It is expressly not allowed to copy, modify, publish, text, images, sketches, photographs, films, training material and such for direct or indirect commercial purposes, unless Dutch Art Education or its licensor has granted prior permission.

Section 18 Security and the Internet
Dutch Art Education will take appropriate security measures to protect the website against the risks of unauthorized access or alteration, destruction or loss of the data the participant entered through the website, but Dutch Art Education cannot guarantee this.

Section 19 Final Provisions
19.1 the version of the terms and conditions as applicable at the time of the Agreement always applies, unless the participant after the completion of the Agreement accepted a revised version of the terms and conditions.
19.2 Dutch Art Education and the participant will only appeal to the court to do after they have first made utmost effort to settle a dispute through mutual dialog.
19.3 on any Agreement between Dutch Art Education and the participant Dutch law applies.
19.4 All disputes relating to agreements between the participant and Dutch Art Education will be submitted to the competent court in the district where Dutch Art Education is established, so as far as the legal provisions so permit. If Dutch Art Education takes recourse to this provision, the participant being a natural person may, within 1 month, choose the according to the law competent court.