Article 1 - Definitions.

In these General Conditions shall mean:

  1. General Terms and Conditions: these general terms and conditions of Schok&Pomp B.V.
  2. Training: a training or course provided by Schok&Pomp, including In-company, training, re-training or refresher training, KNMG, KCKZ, Oranje Kruis accredited training, practical session, Exam (if explicitly agreed), study or theme day, workshop or any other form of training. A Training can be divided into one or more modules and can be spread over several moments.
  3. Training Fee: the cost of the Training including registration fee, as stated on the Website(s).
  4. Training Materials means training, lecture or instructional materials, powerpoint presentations, webinars, documentation or any other materials in any form (whether digital (e.g., e-learning) or on physical media) used as part of the training.
  5. Schok&Pomp = Schok&Pomp B.V.
  6. Examination: an examination for a Training conducted by a Partner of Schok&Pomp and, if explicitly agreed between Schok&Pomp and the Customer, is part of the Training in question.
  7. In-Company: a Training provided by Schok&Pomp for a Customer in private for a group of participants to be designated by the Customer, possibly at the Customer's own location.
  8. Registration: The registration by the Customer (consumer or business), as referred to in Article 5 (1) and (2), for the purchase of and/or participation in a training course, with which the Customer enters into an Agreement with Schok&Pomp.
  9. Client: (i) any individual (consumer) or (ii) any company, any institution, any entrepreneur (other than a consumer) who purchases training from Schok&Pomp.
  10. Location costs: the costs related to the location provided for the purpose of a training course, including room rental and catering.
  11. Agreement means an agreement, including a Distance Agreement, between Schok&Pomp and a Customer regarding the provision of training by Schok&Pomp, whether or not for the benefit of employees of that Customer.
  12. Distance Agreement: an Agreement concluded in such a way that exclusive use is made of one or more techniques for distance communication within the meaning of Article 6:230g sub e of the Civil Code, such as electronic communication (e-mail).
  13. Service Hour: Period during which the Customer is entitled to service and support from Schok&Pomp and access to the online learning environment of the Training.
  14. Website(s): the website(s) of Schok&Pomp https://Schok&Pomp.nl

Article 2 - SCHOK&POMP

  • Shock&Pump
  • Office address: Koningin Wilhelminalaan 5, 3527 LA Utrecht
  • Phone number: 0643236021 (available weekdays from 8 a.m. to 5 p.m.)
  • Email address: info@schokenpomp.nl
  • Chamber of Commerce number: 76475492
  • VAT identification number: NL 8606.37.001 B01

Article 3 - Applicability.

  1. All quotations, orders, offers, contracts, services and training provided by Schok&Pomp and all agreements concluded by Schok&Pomp are subject to the General Terms and Conditions, insofar as they have not been departed from in accordance with paragraph 3.
  2. By entering into an Agreement with Schok&Pomp, the Customer accepts the applicability of the General Terms and Conditions. Schok&Pomp expressly rejects the applicability of the general terms and conditions of the Customer, however named.
  3. Deviations from the General Terms and Conditions are only valid if expressly agreed in writing between Schok&Pomp and the Customer. In the General Terms and Conditions, written also means any form of electronic communication (e.g. e-mail).
  4. In cases not provided for in the relevant Agreement and/or the General Terms and Conditions, Schok&Pomp will make arrangements according to reasonableness.
  5. The (whole or partial) invalidity or severance of one or more provisions of the General Terms and Conditions does not affect the validity or binding nature of the remaining provisions. If a provision is found to be invalid or non-binding, Schok&Pomp and the Customer will replace the invalid or non-binding part by a provision which is valid and binding and whose legal consequences, given the content and scope of the provision in question, correspond as far as possible to those of the invalid or non-binding part of this provision.

 

Article 4 - Offer

  1. Shock&Pomp releases the offer digitally (including through the Websites) and/or in writing.
  2. The offer contains a description of the training and/or the training materials that are part of the training. The offer also indicates whether use of these training materials is mandatory.
  3. The offer shall at least state the following information in a clear and understandable manner:
  • the manner of execution of the Agreement;
  • When the Training starts;
  • The conditions under which the Training will proceed and/or may not proceed;
  • as applicable, the admission requirements to participate in the Training;
  • the price including all additional costs, VAT and taxes;
  • the method of payment;
  • the duration of the Agreement.
  1. These General Terms and Conditions are expressly disclosed to the Customer prior to the Agreement and are also listed on the Websites. At the Customer's request, Schok&Pomp will send a copy of the General Terms and Conditions free of charge.
  2. Without prejudice to the provisions of paragraphs 1 to 4, in the case of a Distance Contract, the offer shall also include the following information:
  • The identity and address of Schok&Pomp, including the branch's visiting address;
  • the customer's right to rescind the agreement within 14 calendar days in accordance with Article 8;
  • the period of validity of the offer.

 

Article 5 - Agreement

  1. The Customer enters into an Agreement with Schok&Pomp by means of Registration for the Training. Registration for a Training takes place inter alia (i) via (the form on) the Websites, (ii) by telephone, (iii) by e-mail via the digital registration form provided by Schok&Pomp, (iv) via a third party landing page or (v) via a (business) contract.
  2. If the Customer is an individual (consumer), the Agreement comes into effect at the moment when Schok&Pomp has confirmed the Registration for a training course to the Customer in writing. This confirmation also serves as proof of Registration for the training in question.
  3. In distance education, commencement of training means providing access to the training materials provided electronically, such as an e-learning.
  4. Schok&Pomp is entitled to obtain information from third parties regarding the creditworthiness of a Customer who has registered for a particular training course. If the outcome of such creditworthiness investigation is negative, Schok&Pomp is entitled to terminate the Agreement.
  5. The Customer is not entitled to transfer the rights and obligations under the Agreement to a third party without written permission from Schok&Pomp. Schok&Pomp may attach further conditions to this permission.

Article 6 - Service Hours.

  1. After the conclusion of the Agreement with a Customer who is an individual (consumer), the Customer must commence the Training within six (6) months and complete the Training (including any practical sessions and/or the Examination) within one (1) year. If any of these time limits are exceeded, the Service Hours expire and the Agreement terminates by operation of law and there is no right to any refund of the amount paid or owed by the Customer to Schok&Pomp.
  2. After the conclusion of the Agreement with a customer who is not an individual (consumer), the customer or the participant who will follow the Training can start the Training during the entire contract period. After the training has started, the Customer or the participant who will follow the Training must complete the Training, i.e. the digital module (e-learning), within six (6) months. Subsequently, the Customer or the participant who will attend the Training must attend and complete the practical session and take the Exam within six (6) months. If one of these deadlines is exceeded, the Service Hour expires and the Agreement terminates by operation of law and there is no right to any refund of the amount paid or owed by the Customer to Schok&Pomp.

Article 7 - Modification of Training

  1. If the number of registrations for a particular training is insufficient at the discretion of Schok & Pomp , Schok & Pomp is entitled to move the training in question to another location, date and/or time. For FastTrack training, this involves a minimum of 3 trainees and for classroom training, a minimum of 6.

  2. The client may cancel the training without charge up to 14 calendar days prior to the scheduled date.
    For cancellation between 14 and 8 calendar days before the start of the training, 50% of the training fee is due.
    For cancellation within 8 calendar days before the start, 100% of the training fee is due.

  3. If the training is invoiced on a rate per participant basis, the client may change the number of participants free of charge until no later than 8 calendar days before the start. The number of participants registered at that time is considered final and will be invoiced even if one or more participants do not eventually attend.

  4. If more than 12 participants are registered, an additional trainer will be scheduled in consultation. This is subject to the additional rate as included in the quotation.
    If the number of participants drops to 12 or less no later than 8 calendar days before the start, the additional trainer can be cancelled free of charge. In that case, the standard rate for one trainer as stated in the quotation will apply.
    If this change occurs within 8 calendar days before the start, the rate for two trainers will continue to apply, regardless of the final number of attendees.

  5. The client must provide a list of participants, including names and e-mail addresses, to Schok & Pomp's account manager no later than 14 calendar days prior to the training. If this information is not provided on time, Schok & Pomp reserves the right to cancel the training. In that case, 50% of the agreed training price from the offer will be due.

Article 8 - Termination and modification

Remote Agreement

Products, Practice Sessions and Exams (other than digital content not provided on a tangible medium)

  1. If the Customer is an individual (consumer), for 14 calendar days following the conclusion of a Distance Contract exclusively relating to the purchase of products, including Training Materials (other than digital content not supplied on a tangible medium), practice sessions and/or Exams, the Customer shall have the right to terminate the Distance Contract without giving any reason. In the case of a Distance Contract relating exclusively to the purchase of products, including Training Materials (not being digital content not supplied on a tangible medium), the period of 14 calendar days starts on the day following the day of receipt of the Training Materials. In the case of a Distance Contract that relates exclusively to the purchase of Practice Sessions and/or Exams (not being digital content not supplied on a tangible medium), the period of 14 calendar days starts on the day following the day of receipt of the confirmation, as mentioned in article 5 paragraph 2.
  2. In the event of dissolution in accordance with paragraph 1, the Customer must return the Product and/or Training Materials received to Schok&Pomp as soon as possible. Schok&Pomp is entitled to charge the direct costs of returning the Product to the Customer. The return shipment is at the risk of the Customer.

The Customer shall treat the Product and/or Training Materials and their packaging with care. The Customer shall only unpack or use the Product and/or Training Materials to the extent necessary to establish the nature and/or characteristics of the Product and/or Training Materials. The premise here is that the Customer may only handle and inspect the Product and/or Training Materials as it would be permitted to do in a retail store.

  1. No right to rescission in accordance with paragraph 1 shall exist if the practice sessions and/or Examinations have commenced/departed before the period of 14 calendar days has expired.

Digital content not delivered on a tangible medium (e.g., e-learning)

  1. Contrary to the provisions of paragraph 1, a Distance Contract, which relates to the purchase of a Training and/or Training Materials being digital content not delivered on a tangible medium, cannot be terminated by the Customer after the conclusion of a Distance Contract, provided that (i) the performance of the Distance Contract has begun with the express prior consent of the Customer and (ii) the Customer has declared that he thereby loses his right of withdrawal.
  2. Change Training.
    In exceptional cases, Schok&Pomp may change a Training to another Training at the request of the Customer. The decision on whether or not to change a Training lies solely with Schok&Pomp. Schok&Pomp will charge the Customer EUR 125,- (EUR 50,- if the Training fee excluding VAT is equal to or less than EUR 250,-) plus any additional price of the new Training, excluding VAT, for the administrative processing of such a change. The Customer must, within 14 days of Schok&Pomp's decision to change the Training at the latest, pay these costs together with the full costs of the modules of the Training already started. An In-company can only be changed after mutual agreement by mutual consent.
  1. Shock&Pomp reserves the right to modify a Training in case of reprogramming of the requirements of an Exam or for the purpose of qualitative improvement of the Training.

 

Article 9 - Examinations

  1. If applicable, a Training is concluded with an Exam (administered by a partner of Schok&Pomp) or with an exam administered by external exam institute (other than a partner of Schok&Pomp).
  2. Depending on what has been agreed, registration for an (resit of an) Exam takes place (i) in accordance with the provisions of Article 5.1 and 5.2 of the General Terms and Conditions or (ii) with the partner of Schok&Pomp conducting the Exam. The Customer is responsible for (i) timely registration for an (resit of an) Exam, and (ii) paying the full amount due for (the resit of) an Exam.
  1. If explicitly agreed between Schok&Pomp and the Customer, the Examination forms an integral part of the Training. In that case, the Examination and Diploma costs form an inseparable part of the total cost of the Training. If the price of an Exam changes in the interim, Schok&Pomp reserves the right to pass this price adjustment on to the Customer.
  2. The Examination is subject to the examination regulations of the partner of Schok&Pomp (who administers the Examination).
  3. Schok&Pomp and/or a partner of Schok&Pomp will issue the certificate or diploma of the Training after (i) all requirements of the Training have been met, (ii) all requirements of the Examination(s) have been met, and (iii) the total cost of the Training (including the examination fee) has been paid by the Customer. Schok&Pomp or a partner of Schok&Pomp will issue the certificate or diploma in the name of the person as specified by the Customer at the time of registration. Additional costs for a customized certificate or diploma or for a copy are the responsibility of the Customer and are stated. Schok&Pomp assumes no responsibility or liability in connection with any Examination administered by a Schok&Pomp partner.
  4. If an examination institute other than a partner of Schok&Pomp will conduct an examination for a Training, the Customer is responsible for timely registration and meeting the other (payment) conditions of such examination. Schok&Pomp does not accept any responsibility or liability in connection with such examinations.

Article 10 - Payment

  1. If the Customer is an individual (consumer), payment is made exclusively by means of an (online) payment via the Website(s). The Customer will pay the amounts due to Schok&Pomp. The Customer guarantees that Schok&Pomp will be able to collect the amounts due. If the Customer is not an individual (consumer), payment is made exclusively by means of invoices.
  2. If the Customer is not an individual (consumer), payment must be made no later than the due date as stated on the relevant invoice. Schok&Pomp aims to send the (first) business invoice to the Customer two weeks before the start of the Training. Schok&Pomp uses a payment term of 14 days.
  3. The Client must have paid the full cost of an in-company to Schok&Pomp prior to the first meeting.
  4. If the Customer has not paid the amount due in full within the specified period, Schok&Pomp will send the Customer a payment reminder offering the Customer the opportunity to still pay within 14 days. If the Customer has not paid the amount due in full within that period, the Customer is in default without further notice.
  5. If a Customer fails to pay within the stipulated period, additional costs incurred by Schok&Pomp to collect the amount due to Schok&Pomp shall be borne by the Customer. These costs amount to at least 10% of the amount due, with a minimum of EUR 115.
    If the Customer is an individual (consumer), the additional costs will be calculated in accordance with the applicable legal regulations.
    In case of non-timely payment, Schok&Pomp will pass the claim to a collection agency.
  6. Without prejudice to his other obligations, the Customer shall owe statutory interest on the outstanding amounts from the due date of the invoice until the day of full payment. If payment is made after the due date, the legal interest rate for commercial transactions will be charged. If the Customer has opted for payment in instalments and fails to meet his payment obligation, then from the moment the Customer is in default, all payment instalments shall be immediately due and payable.
  7. If the Customer is an individual (consumer) and the Customer's employer co-contracted the payment obligation in connection with the Training and/or co-signed the Agreement, that employer, in addition to the Customer, is and remains jointly and severally liable for all that the Customer owes and may owe at any time to Schok&Pomp under the Agreement. This joint and several liability of the employer remains in full force in the event of (premature) termination of the employment relationship between the Customer and the employer.

Article 11 - Legitimation

  1. Upon Registration for a Training, the Customer is obliged to provide the correct and complete details of the Customer and, where applicable, the complete details (as stated in a valid identification document) of the participant who will attend the Training.
  2. Each person attending a Training is obliged to carry with him or her during the meetings of the practical session and/or the Examination the written confirmation as mentioned in Article 5 paragraph 2 and, if applicable, the theory certificate obtained in combination with a valid identification document and to show it upon request of the instructor, trainer or any other official of the Training.

Article 12 - Price

  1. The cost of each Training and the method of payment (as well as whether payment in installments is possible for that Training) are stated on the Website(s) or in the offer. The Location Fee is an inseparable part of the total cost of the Training.
  2. Interim cost-increasing factors (such as, but not limited to: purchase prices, certificate prices, exchange rates, wages, taxes, duties, charges, and freight) that come into play after the conclusion of the Agreement may be passed on to the Customer by Schok&Pomp.

Article 13 - Liability, force majeure and unforeseen circumstances

  1. In the event that Schok&Pomp is liable for damage to the Customer or to the participants in a Training, the liability, regardless of the basis of the liability, is in all cases limited to direct damage (liability for indirect damage - such as, for example, consequential damage, damage due to delay, loss of profits and lost turnover - is therefore excluded) but not exceeding the amount equal to the training costs already paid by the Customer.
  2. Shock&Pomp shall not be liable for damage to property of the Client or participants in a Training.
  3. Shock&Pomp is in no way liable for damages of any kind resulting from (any) incorrect or incomplete information/recommendations/advices provided in connection with the Training. This includes: the information/recommendations/advice provided by the instructor or trainer or through the Training Materials, the Website(s) or any other work resulting from or related to a Training.
  4. Schok&Pomp is not liable if a participant does not follow the (safety) instructions.
  5. The limitation of liability described in this Article also extends to all persons for whom Schok&Pomp is responsible (such as persons employed by Schok&Pomp or appointed by Schok&Pomp to perform the Agreement).
  6. If the Customer is not itself participating in a Training, the Customer warrants that the participants for whose benefit the Training was taken have accepted the foregoing limitations of liability.
  7. Schok&Pomp is at all times entitled to suspend fulfillment of one or more obligations under the Agreement in case of force majeure on the part of Schok&Pomp, without Schok&Pomp being liable to pay any compensation.
    If, as a result of force majeure, Schok&Pomp is unable to fulfill its obligations under the Agreement for a period of one month or longer, the Customer is entitled to terminate the Agreement without either party being liable to pay any compensation.
  1. Force majeure on the part of Schok&Pomp exists if Schok&Pomp is prevented from fulfilling its obligations under the Agreement or its preparations as a result of circumstances beyond the direct control of the Management and/or other management within Schok&Pomp.
  2. In case Schok&Pomp is prevented from fulfilling its obligations under the Agreement due to force majeure or unforeseen circumstances, Schok&Pomp is entitled to suspend its obligations under the Agreement for the duration of the prevention or to cancel the Agreement without being liable to pay any compensation to the Customer. In such cases, Schok&Pomp is obliged to notify the Customer of the impediment as soon as possible and to pronounce on the aforementioned choice.

Article 14 - Delivery of Training Materials.

  1. Shock&Pomp will deliver the Training Materials to the Client in a timely manner prior to the start of the Training.
  2. All terms of delivery of Training Materials used by Schok&Pomp are established to the best of its knowledge based on data known to Schok&Pomp at the time the Agreement was concluded. Schok&Pomp accepts no responsibility for exceeding delivery times.
  3. Schok&Pomp is not bound by delivery deadlines that cannot be realized due to unforeseen circumstances that have occurred after the conclusion of the Agreement.
  4. When sending Training Materials abroad, the actual costs will be calculated according to applicable basic rates of Post NL, with a 10% surcharge for administrative processing.

Article 15 - Failure of instructor or teacher / trainer / exam evaluator

  1. In case of illness and/or prevention of a teacher, instructor, trainer or an examiner, Schok&Pomp or the relevant partner of Schok&Pomp will - as far as possible - provide an equivalent replacement. If replacement proves impossible, Schok&Pomp will inform the Customer as soon as possible and propose alternative dates on which the practical session in question will still be given, or on which the Examination in question will still be taken.
  2. In case of illness and/or prevention of an instructor, trainer or an exam assessor, the Customer is not entitled to any (compensation). Shock&Pomp will not charge additional costs for the provision of (alternative) lesson and/or exam days resulting from illness and/or prevention of an instructor, trainer or an exam assessor.
  3. A Client may not (i) cancel a Training or Examination at no cost due to the failure of an instructor, trainer or exam evaluator, or (ii) terminate the Agreement early due to the failure of an instructor, trainer and/or exam evaluator.

 

Article 16 - Confidentiality

  1. Schok&Pomp, its personnel and/or persons engaged for Schok&Pomp will treat the information provided by the Customer confidentially. In doing so, Schok&Pomp complies with applicable privacy legislation.

Article 17 - Personal data

  1. Schok&Pomp processes the personal data provided by the Customer in accordance with the Privacy Statement of Schok&Pomp. The Customer guarantees that the personal data provided to Schok&Pomp, in any case including the guarantee that the data subjects whose personal data is provided have been informed about the processing of their data by Schok&Pomp and have given their consent.

Article 18 - Intellectual property rights

  1. All intellectual property rights, including copyright, pertaining to the Training Materials provided and compiled by Schok&Pomp (except commercially available books) belong to Schok&Pomp. No part of these publications may be reproduced and/or published without written permission from Schok&Pomp.
  2. Customer guarantees that drawings, models, materials or other works provided to Schok&Pomp by him or by participants for whose benefit the Training was taken do not infringe or violate any intellectual property rights of third parties.

Article 19 - Partners

  1. Schok&Pomp is entitled to have a Training or parts thereof (including an Examination) provided by a partner, in which case the Agreement between the Customer and Schok&Pomp and these General Terms and Conditions remain in full force, unless otherwise expressly agreed between Schok&Pomp and the Customer.

Article 20 - Modification of the General Conditions

  1. The Terms and Conditions are subject to change by Shock & Pump. Announcement will be made by personal notice via mail or by general notice on the Website(s).

Article 21 - Complaints procedure

  1. Any complaints about the performance of the Agreement, services and/or Training of Schok&Pomp must be submitted in writing (by e-mail) to the management of Schok&Pomp within a reasonable time after the Customer has found the defects, fully and clearly described. All complaints will be treated confidentially.
    Complaints can be addressed to: info@schokenpomp.nl
  1. Schok&Pomp will answer the complaint within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Schok&Pomp will inform the Customer, within the 14-day period, giving an indication of when the Customer can expect a more detailed answer. The Customer must give Schok&Pomp at least 4 weeks to resolve the complaint by mutual agreement.
  2. If, subject to the deadline set in Article 21 paragraph 2, the parties cannot reach a mutual agreement, the complaint will be submitted to an independent third party. We propose to do this through Me Mediation, https://www.memediation.nl,(tel. 085 0602134, email info@memediation.nl) in order to come to a mutual agreement. This independent third party will give the Customer the opportunity to explain the complaint orally. This may be omitted if the Customer has declared that he does not wish to exercise the right to be heard or if a complaint is manifestly unfounded. The mediator's decision is binding on all parties.
  3. Complaints and how they are handled will be recorded and kept for a period of 1 year. After that, the documents will be destroyed.

Article 22 - Disputes.

  1. The General Conditions and the Agreement are governed by Dutch law. Any disputes shall, without prejudice to the provisions of Article 21, be submitted to the competent court in Rotterdam.

 

 

 

Annex I: Model withdrawal form

Model withdrawal form

(complete and return this form only if you wish to revoke the agreement)

To: Shock & Pump
Koningin Wilhelminalaan 5,
3527 LA Utrecht

Tel: 0643236021, info@schokenpomp.nl

  • I/We* hereby inform/share* you, that I/We* hereby terminate our agreement regarding the sale of the following products: [product designation]*

The provision of the following digital content: [digital content designation]*

the provision of the following service: [designation of service]*, revoked/revoked*

  • Ordered on*/received on* [date ordered for services or received for products]
  • [Name of consumer(s)]
  • [Address consumer(s)]
  • [Signature of consumer(s)] (only if this form is submitted on paper)

* Cross out what does not apply or fill in what is applicable.

The Training Location

Koningin Wilhelminalaan 5, 3527 LA Utrecht
Email: info@schokenpomp.nl
Phone number for questions: 06 4323 6021

Phone number call team: 0031332133604

The Training Location

Kon. Wilhelminalaan 5, 3527 LA Utrecht
Email: info@schokenpomp.nl
Phone: 06 4323 6021