Terms and conditions

In these terms and conditions, the following definitions apply:

1. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
3. Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, only one or more techniques for distance communication are used up to and including the conclusion of the agreement;
4. Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same space at the same time;
5. Reflection period: the period within which the consumer can make use of his right of withdrawal;
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
7. Day: calendar day;
8. Long-term transaction: a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
9. Durable medium: any means that enables the consumer or entrepreneur to store information that is personally addressed to them in a way that allows future consultation and unaltered reproduction of the stored information.
10. Ownership: All items provided on the website by Australian Treasures regarding the e-learning lessons, including videos, lesson designs, projects, films, software, (electronic) files, etc., remain the property of Australian Treasures.
11. Usage rights for images, audio, and material: It is not allowed to use, edit, or otherwise use or publish video lessons, lessons, workbooks, images, visuals, or the substantive information offered to the customer for commercial purposes, unless Australian Treasures has given prior written permission. Violation of this will have legal consequences in all cases. It is allowed to take and publish photos of images via personal social media (without commercial purposes).
12. e-learning program: On our website, it is described what a customer can expect from the e-learning lessons and what the costs are.

Article 2 – Identity of the entrepreneur

1. Organisatiebureau de Lang
   Karos 81 - 1625 HT Hoorn
   Phone number: +31 (0)229 757 766
   Email address: info@australiantreasures.com
   Chamber of Commerce number: 61874108
   VAT identification number: NL191954408B02

Article 3 - Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Dutch law applies to every agreement between the entrepreneur and the consumer.

Article 4 - The offer

1. If an offer has a limited validity period or is made under certain conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the offered products and/or services. The description is detailed enough to allow the consumer to properly assess the offer. If the entrepreneur uses images, they are a truthful representation of the offered products and/or services. Apparent mistakes or errors in the offer do not bind the entrepreneur.
3. Australian Treasures reserves the right to make changes to the product, the teaching materials, or the curriculum as insights evolve.

Article 5 - The agreement

1. The agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions set forth.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as this receipt has not been confirmed, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the agreement at a distance. If the entrepreneur has good grounds based on this investigation not to enter into the agreement, he is entitled to refuse a motivated order or request or to attach special conditions to the execution.
5. The entrepreneur will provide the consumer with the following information with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
   a. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
   b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
   c. the information about existing after-sales service and guarantees;
   d. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
   e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
6. If the entrepreneur has committed to delivering a series of products or services, the provision in the previous paragraph only applies to the first delivery.

Article 6a - Right of withdrawal upon delivery of products

1. When purchasing products, the consumer has the option to dissolve the agreement without giving any reason within fourteen working days. This period starts on the day after the consumer or a third party designated by the consumer receives the product.
2. During this period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to determine whether he wishes to keep it. If he exercises his right of withdrawal, he will return the product with all supplied accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

Article 6b - Right of withdrawal for the delivery of services

1. In the case of service delivery, the consumer has the option to dissolve the agreement without giving any reason within fourteen working days, starting on the day the agreement is entered into.
2. To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest upon delivery.

Article 7 - Costs in the event of withdrawal

1. If the consumer exercises his right of withdrawal, at most the cost of return shipping will be borne by him.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

Article 8 - Exclusion of the right of withdrawal

1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur clearly stated this in the offer, at least in time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
   a. that have been created by the entrepreneur in accordance with the consumer's specifications;
   b. that are clearly personal in nature;
   c. that cannot be returned due to their nature;
   d. that can spoil or age quickly;
   e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
   f. for individual newspapers and magazines;
   g. for audio and video recordings and computer software of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
   a. concerning accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
   b. whose delivery has begun with the express consent of the consumer before the cooling-off period has expired;
   c. concerning bets and lotteries.

Article 9 - The price

1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
2. In deviation from the previous paragraph, the entrepreneur may offer products or services with variable prices if the prices are tied to fluctuations in the financial market and the entrepreneur has no influence over them. This dependency on fluctuations and the fact that any mentioned prices are target prices will be stated in the offer.
3. Price increases within 3 months of the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
   a. they are the result of statutory regulations or provisions; or
   b. the consumer has the authority to terminate the agreement on the day the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.

Article 10 - Conformity and Guarantee

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing statutory provisions and/or government regulations on the date of the conclusion of the agreement.
2. A scheme offered as a guarantee by the entrepreneur, manufacturer, or importer does not affect the rights and claims that the consumer can assert against the entrepreneur regarding a failure in the fulfillment of the entrepreneur's obligations on the basis of the law and/or the distance agreement.

Article 11 - Delivery and Execution

1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated about this in article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or can only partially be executed, the consumer will receive notification of this no later than one month after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and the right to any compensation.
4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
5. If delivery of a ordered product proves impossible, the entrepreneur will endeavor to make a replacement article available. It will be clearly and comprehensibly stated at the latest upon delivery that a replacement article is being delivered. The right of withdrawal cannot be excluded for replacement articles. The costs of return shipment are borne by the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.
7. Australian Treasures performs the agreement to the best of its ability in accordance with the requirements of good craftsmanship.
8. Australian Treasures will make efforts to resolve any disruptions in website access and/or the use of the website's technical infrastructure as soon as possible in case of problems. Australian Treasures has the right to temporarily suspend the website to resolve a disruption without being liable to the visitors.
9. The user must secure their own computer system against viruses and ensure that no unauthorized access is granted to third parties to the website.
10. Australian Treasures reserves the right to implement changes to the (access to) the website if this is desirable for the functioning of the website. If such changes directly affect the way the client accesses the website or the way the website can be used, Australian Treasures will inform the user of these changes as soon as possible.

Article 12 - Duration Transactions

1. The consumer can terminate an agreement that has been entered into for an indefinite period at any time with due observance of the agreed termination rules and a notice period of no more than one month.
2. An agreement that has been entered into for a definite period has a maximum term of two years. If it has been agreed that the agreement will be extended by tacit consent of the consumer, the agreement will continue as an agreement for an indefinite period and the notice period after continuation of the agreement will be a maximum of one month.

Article 13 - Payment

1. Unless otherwise agreed later, the amounts owed by the consumer must be paid within fourteen days after delivery of the good or, in the case of an agreement to provide a service, within 14 days after the issuance of the documents related to this agreement.
2. In the sale of products to consumers, no advance payment of more than 50% may ever be stipulated in general terms and conditions. When advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer is obliged to immediately report inaccuracies in the provided or stated payment details to the entrepreneur.
4. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints Procedure

1. Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
2. 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 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

Article 15 - Additional or Deviating Provisions

1. Additional or deviating provisions from these general terms and conditions must 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 in an accessible manner on a durable data carrier.