TERMS AND
CONDITIONS

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Table of contents

  1. Article 1 – Definitions
  2. Article 2 – Identity of the Entrepreneur
  3. Article 3 – Applicability
  4. Article 4 – The Offer
  5. Article 5 – The Agreement
  6. Article 6 – Price of Training and Payment
  7. Article 7 – Right of Withdrawal
  8. Article 8 – Consequences of Non-Performance of Obligations
  9. Article 9 – Provision and Interim Termination of Training/Study Agreement
  10. Article 10 – Diploma
  11. Article 11 – Intellectual Property Rights
  12. Article 12 – Liability
  13. Article 13 – Personal Data
  14. Article 14 – Amendment of General Terms and Conditions
  15. Article 15 – Dispute Resolution

Article 1 – Definitions

In these General Terms and Conditions the following definitions apply:

  1. Deposit: the amount invoiced by Kynagon which the Student must pay after enrolment in the Training.
  2. Commencement Date: the date on which the Training is scheduled to start or has actually started.
  3. General Terms and Conditions: these general terms and conditions.
  4. Cooling-off Period: the period within which the Consumer may exercise his right of withdrawal.
  5. Consumer: the natural person who is not acting for purposes related to his trade, business, craft, or profession.
  6. Days: calendar days.
  7. Digital Content: data produced or supplied in digital form.
  8. Durable Medium: any device – including e-mail – which enables the Consumer or Entrepreneur to store information personally addressed to him in a manner that makes it accessible for future reference for a period adequate for the purpose of the information and which allows the unchanged reproduction of the information stored.
  9. Code of Conduct: the rules which the Student must comply with during the Training.
  10. Right of Withdrawal: the statutory right of the Consumer to withdraw from the distance agreement within 14 Days.
  11. Model Withdrawal Form: the European model withdrawal form included in Annex I to these Terms and Conditions.
  12. Entrepreneur: the natural or legal person offering products, (access to) digital content, and/or services (whether remotely or otherwise) to Consumers.
  13. Training: a course of instruction provided by Kynagon at the Dog Trainers Academy or an individual training course, whether consisting of a series of multiple lessons or not.
  14. Training Information: the information concerning the content and duration of the Training and the Code of Conduct.
  15. Training Materials: study materials, equipment, and related items intended for (participation in) a Training.
  16. Initial Costs: the costs incurred by Kynagon in preparing the Training, including but not limited to administrative, IT, marketing, training, and personnel costs.
  17. Price: the total price for a Training, including all additional costs and taxes.
  18. Reasonable Compensation: the compensation charged to the Student upon termination of the Study Agreement after expiry of the statutory Cooling-off Period and before commencement of the Training, as referred to in Article 7. In case of cancellation by the Student prior to the Commencement Date, the Reasonable Compensation shall consist of the Deposit, if the Student has not yet paid the Price.
  19. Student: the Consumer enrolled in a Training.
  20. Study Agreement: any agreement between Kynagon and the Student concerning the provision of a Training by Kynagon.

Article 2 – Identity of the Entrepreneur

Name: P.W. Walker – Koopman, trading under the name Kynagon
Address: Amsteldijk Zuid 79c, 1184 VE Amstelveen
Telephone number: 0031 – (0)654217436
Email: info@kynagon.nl / patricia@kynagon.nl
Chamber of Commerce number: 84744820
VAT number: NL004009888B28

Article 3 – Applicability

  1. These General Terms and Conditions shall apply to every offer made by Kynagon and to every agreement concluded between Kynagon and the Consumer. Prior to the conclusion of any agreement, these General Terms and Conditions shall be made available to the Consumer.
  2. If the agreement is concluded electronically, the text of these General Terms and Conditions may, contrary to the previous paragraph and before conclusion of the agreement, be made available electronically in such a manner that it can easily be stored by the Consumer on a Durable Medium. Where this is not reasonably possible, it shall be indicated where the Terms and Conditions may be consulted electronically and that they will be sent to the Consumer free of charge, either electronically or otherwise, upon request.
  3. In the event that specific product or service conditions also apply in addition to these Terms and Conditions, the first and second paragraphs shall apply mutatis mutandis, and in the event of conflicting terms, the Consumer may always rely on the provision that is most favourable to him. Nevertheless, in the event of any conflict between the Dutch version and English version of the General Terms and Conditions of Kynagon the Dutch version shall prevail.
  4. The applicability of any terms and conditions of the counterparty, however described, is hereby expressly rejected and not accepted by Kynagon.

Article 4 – The Offer

  1. If an offer is subject to a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
  2. The offer shall contain a complete and accurate description of the products, digital content and/or services offered, including a Training. The description shall be sufficiently detailed to enable the Consumer to make a proper assessment of the offer. Where the Company makes use of illustrations, these shall provide a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer shall not bind the Company.
  3. Each offer shall contain such information as to make it clear to the Consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 – The Agreement

  1. The agreement shall be concluded, after acceptance by the Consumer of the offer and compliance with the conditions attached thereto, whereby the Consumer also declares to agree to the General Terms and Conditions as set out herein, upon confirmation by Kynagon.
  2. Where the agreement is concluded electronically, Kynagon shall take appropriate technical and organisational measures to secure the electronic transmission of data and shall ensure a safe web environment. Where the Consumer is able to pay electronically, Kynagon shall observe appropriate security measures.
  3. A request for enrolment in a Training shall take place (i) by means of a physical enrolment form, (ii) by telephone, or (iii) via one of Kynagon’s social media channels, after which the Consumer shall receive an offer as referred to in paragraph 1.
  4. The Student shall not be entitled to transfer the rights and obligations under the Study Agreement to a third party without the prior written consent of Kynagon. Neither shall the Student be entitled, without such written consent, to allow any person other than the one specified on the enrolment form to participate in a Training. Kynagon may attach further conditions to such consent.
  5. The Study Agreement shall automatically terminate after completion of the final module, as set out in the Training Information.
  6. Prior to placement of an order, or when making an offer for a Study Agreement, Kynagon shall provide the following information in writing, or in such a manner that it can be stored by the Consumer on a Durable Medium in an accessible form:
    1. the business address of the Company’s establishment to which the Consumer may address complaints;
    2. the conditions under which and the manner in which the Consumer may exercise the Right of Withdrawal, or a clear statement that the Right of Withdrawal is excluded;
    3. information concerning guarantees and after-sales service;
    4. the Price of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance agreement;
    5. the requirements for termination of the agreement;
    6. where the Consumer has a Right of Withdrawal, the Model Withdrawal Form;
    7. a reminder of the statutory guarantee that the delivered product, digital content or digital service must be in conformity with the agreement.

Article 6 – Price and Payment

  1. During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except for changes resulting from alterations in VAT rates.
  2. The prices of products or services stated on the Dutch version of Kynagon’s website shall apply only in the Netherlands and shall be inclusive of VAT.
  3. The costs of the Training, the method of payment, the enrolment fee, and any other additional costs shall be stated in the Training Information. All amounts quoted therein are exclusive of VAT.
  4. Payment of the Price for a Training shall be made no later than the due date specified on the relevant invoice. Kynagon applies a payment term of 14 days.
  5. The Consumer shall be in default by operation of law, without the need for further notice of default, from the date on which the applicable payment term has expired and the invoiced amount has not been paid in full. Kynagon shall send the Consumer a payment reminder, after which the Consumer may still pay within the period specified therein. Should the Consumer fail to pay within this further period, Kynagon may charge statutory interest from the date on which the original payment term expired.
  6. Any extrajudicial or judicial collection costs shall be borne by the Consumer. The amount of such (extra)judicial collection costs shall be determined in accordance with the applicable statutory provisions.

Article 7 – Right of Withdrawal

  1. The Consumer may dissolve a (Study) Agreement within 14 Days of its conclusion, free of charge and without stating reasons, provided that the agreement was concluded at a distance or outside the business premises, and provided that the Training has not yet commenced as referred to in paragraph 2 of this Article. The Consumer shall bear the direct costs of returning the item. Insofar as the agreement relates to a product ordered by the Consumer and is not a product as referred to in paragraph 3 of this Article, the Cooling-off Period shall commence on the day following the day on which the Consumer, or a third party previously designated by the Consumer, who is not the carrier, has received the product, or:
    1. where the Consumer has ordered multiple products in one order: the day on which the Consumer, or a third party designated by him, has received the final product. Kynagon may, provided it has clearly informed the Consumer of this prior to the ordering process, refuse an order of multiple products with different delivery times;
    2. where the delivery of a product consists of multiple consignments or parts: the day on which the Consumer, or a third party designated by him, has received the final consignment or the final part;
    3. in the case of agreements for regular delivery of products over a specified period: the day on which the Consumer, or a third party designated by him, has received the first product.
  2. Once the Training has commenced, the Consumer shall be deemed to have agreed to such commencement and shall expressly waive his right to dissolve the Study Agreement.
  3. The Consumer shall have no right of withdrawal in respect of products of the brands ‘Top Dog’ and/or ‘Belcando’, or of products the packaging or seal of which has been opened.
  4. The Consumer may exercise the Right of Withdrawal by dissolving the (Study) Agreement through one of the e-mail addresses specified in Article 2.
  5. Upon receipt of the request for withdrawal (dissolution) by Kynagon, the Consumer shall have a further 14 days to return any items received, including Training Materials, duly prepaid. If Kynagon is obliged to do so, it shall then refund the amount, or the excess Price paid, as soon as possible.
  6. Returns shall only be accepted if the items are in their original condition. This means undamaged and unwritten upon, complete, handled only as reasonably necessary for inspection, and in the original packaging. If these conditions are not met, Kynagon shall not accept the return and the Consumer shall be obliged to compensate a depreciation determined by Kynagon.
  7. In the case of a (partial) return accepted by Kynagon, where the items were initially delivered to the Consumer without shipping costs, Kynagon shall be entitled to charge the shipping costs retrospectively and deduct them from the amount to be refunded to the Consumer.

Article 8 – Consequences of Non-Performance of Obligations

  1. If the Consumer fails to comply (in full or in part) with one or more obligations arising from the agreement or the General Terms and Conditions, the Company shall be entitled to suspend its obligations and to interrupt or ultimately terminate the Training.
  2. The consequences of interruption of the Training as referred to in paragraph 1 shall be borne by and at the risk of the Consumer. Such consequences may include, inter alia:
    1. Access to the Training is denied, Training Materials are no longer made available, participation in the examination is denied, and no diploma is awarded.
    2. The study is delayed, which may result in the Training no longer fully corresponding with the examination, or in the impossibility of taking the examination, and the study not being completed with a diploma.
  3. Upon termination of the Training as referred to in paragraph 1, the following shall apply:
    1. Unless otherwise agreed in writing, Kynagon shall have no further obligations towards the Consumer.
    2. If termination of the Training as referred to in paragraph 1 occurs prematurely, the provisions of Article 9 shall apply.
    3. The terminated Training cannot be resumed. A Consumer wishing to continue the Training must re-enrol.
  4. The Consumer being in default shall not in itself mean that the agreement between the Consumer and Kynagon has been terminated.

Article 9 – Provision and Interim Termination of Training/Study Agreement

  1. If, in the opinion of Kynagon, the number of registrations for a Training is insufficient, or if Kynagon is otherwise unable to conduct a training module, Kynagon shall be entitled to conduct such Training or module at a different training location, on a different date, and/or at a different time than communicated to the Student upon registration. Such changes shall be communicated to the Student as soon as possible.
  2. Kynagon shall also be entitled to replace the designated instructor in the event of illness or other exceptional circumstances, without prior notice to the Student. Furthermore, Kynagon shall be entitled to engage third parties.
  3. The Study Agreement cannot be terminated by the Student after commencement of the Training and after expiry of the withdrawal period as referred to in Article 7.
  4. In the event that Article 7(2) and Article 9(5) and (6) do not apply, and the Student nevertheless terminates the Study Agreement prematurely, the Student shall owe Kynagon Reasonable Compensation in accordance with Articles 7:411 et seq. of the Dutch Civil Code.
  5. Reasonable Compensation in respect of a Training shall consist of: (i) the Price for the education already provided by Kynagon up to the time of premature termination, plus (ii) 80% of the remaining Price as compensation for Initial Costs and lost profits. Reasonable Compensation shall never exceed the agreed Price.
  6. Where the Price for the Training is divided across several modules, a module shall be deemed “education provided” within the meaning of paragraph 5 if the module was definitively scheduled by Kynagon prior to premature termination. It is irrelevant whether the Student attended or actively participated in the sessions of that module.
  7. If the Student terminates the Study Agreement prematurely due to serious illness or an emergency preventing continuation of the Training, the Student may submit a written, reasoned request to Kynagon for a discretionary adjustment of the Reasonable Compensation determined by Kynagon, in which case Kynagon may require evidence in the form of a medical certificate or otherwise.

Article 10 – Diploma

  1. Upon completion of the training at Kynagon’s Dog Trainers Academy, the Student shall receive the “Diploma in Canine Behaviour and Training”, provided that the Student has met the requirements set out in the Training Information, including passing the (re-)examination. Whether the Student has met such requirements shall be determined solely by Kynagon. At the Student’s request, a “Certificate of Participation in the Dog Trainers Academy” shall be issued if the Student has not met the requirements, unless the Student’s participation has been terminated by Kynagon as referred to in Articles 9 and 12 section 5.

Article 11 – Intellectual Property Rights

  1. Intellectual property rights in Training Materials provided by Kynagon shall, regardless of the form in which they are delivered (print, digital, or otherwise), at all times remain vested in Kynagon.
  2. The Student may retain the Training Materials, but shall not use them for purposes other than personal use. The Student is prohibited from selling or providing (copies of) the Training Materials to third parties.
  3. Kynagon is a protected trade name, the use of which is not permitted without the express consent of Kynagon.

Article 12 – Liability

  1. Should the Consumer suffer damage, the liability of Kynagon shall, in all cases and except in the event of wilful misconduct or gross negligence on the part of Kynagon, be limited to compensation of direct, physical damage (liability for indirect damage – including consequential loss, delay damages, lost profits, and lost turnover – is expressly excluded). Furthermore, the amount of compensation payable shall be limited to the Price or amount paid by the Consumer. Under no circumstances shall the Kynagon’s liability exceed the amount actually paid out to Kynagon by its insurer.
  2. Kynagon shall not be liable in any way for damage of whatever nature resulting from any inaccurate or incomplete information/recommendations/advice provided in connection with the Training. Kynagon shall likewise not be liable for theft of property.
  3. Kynagon shall not be liable where the Student fails to observe (safety) instructions, or otherwise acts recklessly.
  4. Kynagon shall not be liable for damage caused by the Student’s own dog, or by the dog of a third party.
  5. Kynagon reserves the right to refuse, suspend and/or remove a Student, for example in the event of behaviour contrary to the Code of Conduct.
  6. The limitation of liability of Kynagon shall also extend to all persons for whom Kynagon is responsible or whom it has engaged.

Article 13 – Personal Data

Kynagon processes on a daily basis various forms of personal data provided by the Consumer. In handling and securing such data, Kynagon complies with the requirements of the Algemene Verordening Gegevensbescherming (General Data Protection Regulation). Data processing and the rights of data subjects are further explained in the Kynagon’s Privacy Statement (Annex II). Kynagon may make photo and/or video recordings during a Training for promotional purposes and social media, in which the Consumer may be identifiable. By this means the Consumer expressly consents to the use of such material for the purposes stated above, and retains the right to withdraw such consent.

Article 14 – Amendment of the General Terms and Conditions

The General Terms and Conditions may be amended by Kynagon. Amendments shall be announced at least ten Days prior to entry into force by personal notification or general publication on Kynagon’s website.

Article 15 – Dispute Resolution

  1. The legal relationship between Kynagon and the Consumer shall be governed by Dutch law.
  2. Any complaints may be addressed to one of the (email) addresses referred to in Article 2.
  3. Disputes between Kynagon and the Consumer shall be submitted to the competent court.
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