General Terms & Conditions

Con Amore B.V.

Overtoom 141

1054 HG Amsterdam

KVK 60754516

Establishment number 000010248382

VAT number 854045272B01

Article 1 Definition

In these terms and conditions, the following definitions apply:

1. Con Amore: Con Amore B.V.;
2. Participant: a natural person who participates in a Course or Day Course;
3. Parties: refers to both Con Amore and the Participant collectively;
4. Party: Con Amore or Participant;
5. Agreement: the agreement that is established between Con Amore and the Participant through confirmation by Con Amore after Registration;
6. Course or Day Course: all Course programs provided by Con Amore that last longer than one day.
7. Day Course: all education, courses, or training provided by Con Amore that last one day or less.
8. Registration: the placement of a Written or oral (telephone) order, registration, and/or assignment with Con Amore and the acceptance of the order, registration, and/or assignment by Con Amore.
9. Substitute: the replacement of the Participant as defined in article 5 of these general terms and conditions;
10. Teacher: the instructor;
11. Written: in these terms and conditions, wherever the form ‘written’ is used, it can also be interpreted as ‘via email’;
12. Test: an exam administered by Con Amore or a third party following a Course or Day Course, or a case presentation assessed by Con Amore or a third party, or the collective whole of all tests related to the relevant Course or Day Course.

Article 2 Applicability

1. These general terms and conditions apply to all offers, invoices, quotations, Agreements with Participants, services rendered for Participants on behalf of the Courses or Day Courses, and all other actions performed by Con Amore on behalf of Courses or Day Courses unless explicitly and in Writing agreed otherwise by the parties.
2. Con Amore is entitled to engage third parties for the execution of the Agreement. When Con Amore involves third parties for the execution of an Agreement, these terms and conditions apply.
3. By registering for a Course or Day Course on the Con Amore website or through an intermediary processing the Registration on behalf of Con Amore, the Participant has declared to have read these general terms and conditions and agreed to them. Even when registering on a website other than the Con Amore website for a Course or Day Course provided by Con Amore, Con Amore’s general terms and conditions will prevail.
4. If a Participant explicitly and in Writing rejects the general terms and conditions, Con Amore and the Participant will subsequently agree on applicable conditions in writing.
5. In the event that one or more of the provisions in these general terms and conditions are nullified or voided, the remaining provisions will remain in effect and fully applicable. Should one or more provisions of these general terms and conditions be invalidated, the parties will consult to replace the invalid or voided provisions with new provisions that closely reflect the intent and purpose of the original provisions.
6. The applicability of any conditions of the Participant is explicitly rejected.

Article 3 Formation of the Agreement & Registration

1. The Agreement between Con Amore and the Participant is established at the moment of confirmation by Con Amore:
   a. of Registration on the Con Amore website; b. or of Registration (on the website of) an intermediary of Con Amore; c. or of Registration by letter.
2. Con Amore may refuse the Registration, as described in the previous article, of a Participant without providing reasons. Con Amore will refuse the Registration if the Participant does not meet the registration requirements (complete registration form, complete payment details) for the Course or Day Course unless an arrangement can be made. If the Participant does not meet the registration requirements of Con Amore, the Participant must consult with Con Amore. By agreeing to these general terms and conditions, the Participant declares that they meet the registration requirements for the Course or Day Course.
3. The offers made by Con Amore are valid during the period they are published on the website.
4. In the event of insufficient Registrations, Con Amore reserves the right to cancel the Course or Day Course or to merge Course or Day Course groups. If Con Amore intends to cancel or merge, Con Amore will notify the Participant as soon as possible.
5. Changes to the original Agreement between the Participant and Con Amore are only valid from the moment these changes have been accepted in Writing by both parties through an additional or amended Agreement. Con Amore is not bound by an acceptance that deviates from the offer unless Con Amore has explicitly accepted this deviation in Writing.

Article 4 Offers, Invoices, Quotations, and Prices

1. Invoices and quotations will mention:
   a. the main characteristics of the Course or Day Course; b. the complete address and contact details of Con Amore, including the phone number and email address; c. the total price of the Course or Day Course excluding VAT, the total amount of VAT, and the total amount including VAT; d. if applicable, the delivery costs; e. the method of payment; f. the VAT identification number of Con Amore; g. the Chamber of Commerce identification number of Con Amore; h. the invoice number; i. the invoice date; j. the name and address of the Participant.
2. The prices mentioned in the offer, Agreement, or general conditions are exclusive of VAT and other government levies unless stated otherwise.
3. The Participant must pay the full amount of the Course or Day Course in one go unless payment in installments has been agreed upon.
4. The Participant must transfer the Invoice from Con Amore within 14 calendar days (10 working days) of the invoice date to Con Amore via the payment method selected at registration and in the currency in which it was billed. In the case of a ‘late Registration,’ and the period until the start of the Course or Day Course is less than 14 calendar days (10 working days), the invoice must be paid before the start of the Course or Day Course. If the invoice amount is not fully paid within this period, the Participant is in default by operation of law unless otherwise agreed in Writing.
5. If the Participant does not pay the invoice amount within the period, Con Amore will send a reminder in Writing. If Con Amore has to remind the Participant again after this reminder, Con Amore will charge reminder costs of €25. If the Participant remains in default after the reminder, Con Amore is entitled to engage a legal service provider (for example, a collection agency). At that time, the Participant will also bear the costs for legal services as well as judicial and extrajudicial costs, the statutory interest, and any (delay) damage caused by the default.
6. If a quotation or an invoice contains an obvious error or mistake and the Participant can reasonably understand this, Con Amore cannot be held to comply with the obvious error or mistake described in the quotation.
7. In the case of the purchase of multiple Courses or Day Courses, Con Amore is free to grant a discount. The prices on Con Amore’s quotation are closely linked. Con Amore is not obliged to perform part of the quotation at a corresponding part of the stated price unless explicitly agreed otherwise.
8. In limited circumstances, Con Amore may change the price of the Course or Day Course. Price changes generally apply only to future Agreements unless one or more of the situations mentioned in the following paragraph apply.
9. Price changes can occur:
   a. if Con Amore is obliged to change the content of the Course or Day Course due to requirements imposed on Con Amore for the granting of the diploma, certificate, or testimonial; b. upon supplementing the Agreement; c. when the Participant agrees with Con Amore to extend or expand the Course or Day Course; d. when changes occur in the laws and regulations applicable to Con Amore more than three months after the conclusion of the Agreement.
10. In special circumstances, Con Amore may sometimes add credits to a participant’s account. A credit can be used for a euro discount on a product. If the Participant wishes to use Con Amore credits, the Participant must notify Con Amore after Registration that they wish to apply the credits as a discount on the invoice. Credits cannot be cashed out retrospectively.

Article 5 Dissolution, (Partial) Cancellation, Non-Participation, or Replacement

1. The Course or Day Course can only be canceled in writing.
2. In case of cancellation, the Participant must return any sent course materials unopened.
3. The Participant can dissolve the Agreement within a period of 14 calendar days from the day the Agreement was concluded, provided the Course or Day Course has not yet started. The Participant can dissolve the Agreement by sending a written cancellation to Con Amore within 14 calendar days from the day the Agreement was concluded.
4. In the event of cancellation of the Course or Day Course, the reasonable portion of the fee owed will depend on the period before the start of the Course or Day Course. The costs owed by the Participant after cancellation depend on the time at which the Participant informs Con Amore of the cancellation. The Participant remains liable for the following costs to Con Amore:
   1. If the Participant cancels within a period of 14 calendar days from the day the Agreement is concluded (the invoice date), the Participant owes no tuition fees to Con Amore.
   2. If the Participant cancels earlier than 2 months before the first lesson, the Participant, except as provided under section a of paragraph 4 of this article, owes the following amounts to Con Amore. See the table below for cancellation fees.

5. If the Participant stops the Course during the course, no refund will be made. In the event of partial cancellation of a Course by the Participant, the Participant remains liable for the full tuition fee for the Course to Con Amore.
6. The costs already paid will be considered as compensation for the incurred costs for the location, the teacher, the provision of course materials, the unfulfilled course spot, and the invested time of Con Amore and are therefore, to the extent legally permissible, not reclaimable.
7. In case of prevention or non-participation in a Course or Day Course, the Participant remains liable for the full tuition fee to Con Amore.
8. In the event of serious force majeure or circumstances on the part of the Participant, the Participant may consult with Con Amore about rescheduling the Course. The Participant and Con Amore may agree that the Participant will follow the Course at a later date. When rescheduling the Course or Day Course to a different start date, the following costs will be charged (see the table below):

9. Failure to attend a Day Course without cancellation automatically results in the full cost being charged. The Day Course can no longer be rescheduled or moved. If the Participant wishes to reschedule the Day Course, they must purchase a new Day Course.
10. If a Participant is unable to attend a Course or Day Course, the Participant is only authorized, with the permission of Con Amore, to allow a Replacement to participate in their place, provided that Con Amore is notified at least 30 calendar days before the start of the Course or 1 week before the start of the Day Course and that the Replacement meets the registration requirements of the Course or Day Course. Due to administrative costs and the replacement of certificates or diplomas, Con Amore may charge €150,- excluding VAT when replacement occurs shortly before the start of the Course or Day Course. These costs cover the work of Con Amore, both administratively and substantively, such as reordering the diploma.
11. Replacement is not possible once the Course has started.
12. If the Participant explicitly agrees in advance of sending the course materials to an earlier start of the Course or Day Course through earlier delivery of course materials, Con Amore may, if Con Amore deems it possible and desirable, send the course materials earlier.
13. Con Amore reserves the right to cancel the Course or Day Course if a Course or Day Course receives less than the minimum number of Registrations. Con Amore will then offer an alternative class or dissolve the Agreement. If the participant cannot or does not wish to participate at another location, Con Amore will refund the tuition fees.
14. The option to reschedule the Course or Day Course at the last moment to a future date is financially more advantageous than canceling directly. Con Amore aims to help the student by allowing them to follow the course later for rescheduling costs, without charging cancellation fees. If the Participant reschedules the Course or Day Course but later decides to cancel it, two versions of cancellation fees apply:
    1. The cancellation fees apply to the new start date of the Course or Day Course, provided these cancellation fees are at least equal to the cancellation fees that would have applied if the Course or Day Course had been canceled at the time of rescheduling.
    2. The new cancellation fees are lower than if the student had directly canceled the Course or Day Course at the time of the initial rescheduling date. In this case, Con Amore applies the cancellation fees that would have been applicable at the original rescheduling date.

Article 6 Obligations & Rights of Con Amore

1. Con Amore will make every effort to execute the Agreement carefully and to the best of its knowledge and ability. Con Amore will, where applicable, ensure a suitable classroom, course materials, and qualified instructors.
2. The parties agree that Article 7:404 of the Dutch Civil Code is excluded. Con Amore has the right to have work performed by third parties for a Course or Day Course. When the execution of the Agreement is agreed with a particular person in mind, Con Amore is authorized to replace this person with someone of at least the same qualifications.
3. Con Amore retains administrative records for 7 (seven) years. Con Amore retains course materials and any submitted assignments for 1 (one) year.
4. If the Participant wishes to qualify for a diploma, certificate, or testimonial, the Participant must attend all class days, submit homework on specified dates, and successfully complete the normative testing of knowledge and skills. Only if the Participant has met all these requirements is Con Amore obligated to issue a diploma, certificate, or testimonial.

Article 7 Obligations & Rights of the Participant

1. The Participant must attend all class days and submit homework on the specified dates.
2. If absent on a course class day without prior notice, an additional fee of €100 will be charged for an extra class day. The Participant must give notice of absence at least 12 hours in advance.
3. If a Participant fails to complete the homework assignments for a course class day or day course on time, they will not be allowed to attend the class. The class and the exam must be rescheduled, and an additional fee of €100 will be charged. The same rules apply to students who have not completed their homework but still attend the class.
4. If the Participant wishes to obtain a diploma, certificate, or testimonial, they must attend all class days, submit homework on the specified dates, and successfully pass the normative assessment of knowledge and skills.
5. Con Amore requires specific information to execute the Agreement. The Participant is responsible for providing the necessary information, such as name and address, on time. If the Participant fails to provide this information on time, Con Amore has the right to suspend the Agreement. If the delay causes additional costs, Con Amore may recover these costs from the Participant.
6. If the provided information contains errors that lead to inaccuracies in printed materials, certificates, or diplomas, the Participant is responsible for the printing costs. Con Amore will not charge for the work required to correct the inaccuracies in printed materials.
7. The Participant is obligated to promptly report any changes in contact information. If the Participant fails to do so, Con Amore will make efforts to contact them. Con Amore is not liable for any damages if teaching materials, schedules, or other information do not reach the Participant due to incorrect, incomplete, or outdated contact information.
8. The Participant is obligated to behave appropriately during meetings and to follow the instructions of the Instructor. Failure to do so will be considered a breach of the Agreement.
9. The Participant is also obligated to behave appropriately during Exams and follow the Instructor’s instructions. Failure to do so will also be considered a breach of the Agreement.
10. The Participant must submit homework digitally using the method provided by Con Amore. Failure to do so will be considered a breach of the Agreement.
11. Since the Course or Day Course must meet certain requirements, the Participant must attend the course days and submit homework within the timeframe set by Con Amore to qualify for a diploma. If a Participant fails to do so, Con Amore may deny the Participant access to the class. In this case, Con Amore will offer the Participant the opportunity to make up the class at a later date. If making up the class in a parallel group is not possible, the Participant may take the class during the next available period.
12. The Participant must follow Con Amore’s instructions for submitting homework. This includes aspects such as the format of the document (e.g., .doc or .pdf) or the font.
13. If Con Amore sets deadlines for submitting homework, the Participant must adhere to these deadlines.
14. Submitting homework assignments may be a requirement for obtaining a testimonial, certificate, or diploma. Failing to submit homework on time may result in Con Amore not granting the testimonial, certificate, or diploma. The full course fee remains payable if the diploma requirements are not met.
15. If Con Amore detects academic fraud or irregularities, the exam and its associated grade will be declared invalid. If the Participant wishes to obtain a certificate or diploma, they may retake the exam. The cost for a retake is €100, which serves as compensation for organizing a new exam. Academic fraud or irregularities include, but are not limited to:
    a. Any form of obtaining information from a fellow student during the exam, regardless of whether this is done with or without permission; b. Having notes, literature, or electronic devices within reach. The responsibility for not having such devices lies with the Participant; c. Providing or soliciting information from fellow students; d. Taking photos of exams or taking exams with them.

Article 8 Duration and Termination of the Agreement

1. The Agreement ends when the Course or Day Course concludes.
2. If the Participant successfully completes the Course or Day Course, the Agreement ends with the awarding of the corresponding diploma, certificate, or testimonial.
3. Con Amore is authorized to terminate an Agreement if the Participant does not comply with the Agreement, including the general terms and conditions. Examples of non-compliance include failure to comply, improper compliance, or incomplete compliance. The Participant is required to behave appropriately during meetings and follow the Instructor’s instructions. Failure to do so will be considered a breach of the Agreement. Con Amore will always inform the Participant when it intends to take this measure. The costs associated with the Course or Day Course and the obligation to pay remain in effect, and the course fee remains payable.
4. In the event of the Participant’s bankruptcy, Con Amore is entitled to discontinue the Participant’s Course or Day Course and/or terminate the Agreement, unless the Participant’s trustee provides security for Con Amore’s commercial prices.

Article 9 Delivery and Delivery Time

1. If Con Amore and the Participant agree on a deadline, this will never be considered a final deadline. If Con Amore provides an estimated delivery time for the course materials, this will never be considered a final deadline. If Con Amore exceeds a (delivery) deadline, the Participant must first put Con Amore in default in writing and provide a reasonable period to fulfill the Agreement.
2. If Con Amore exceeds the (delivery) deadline, the Participant’s obligation to take the Course or Day Course remains in effect. The Participant may send the notice of default to Con Amore in writing.
3. If the Participant explicitly agrees to start the Course or Day Course earlier by receiving course materials earlier, Con Amore may send the materials earlier if deemed possible and desirable by Con Amore. By agreeing to the earlier delivery of course materials, the Participant also declares that they waive the right of withdrawal.
4. Delivery takes place when Con Amore provides access to the delivered materials. This is done via an email with login details unless otherwise agreed.

Article 10 Liability and Indemnification

1. When Con Amore is held liable, Con Amore is only liable as far as stipulated in this article, unless the damage is due to intent or gross negligence.
2. Con Amore is not liable for damages resulting from the incorrect or incomplete provision or concealment of information by the Participant.
3. Con Amore is never liable for products or services provided free of charge by Con Amore.
4. Con Amore and the Participant agree that Con Amore will conduct the Course or Day Course to the best of its knowledge, but Con Amore cannot be held liable for any damage to a Participant directly or indirectly resulting from the (content of the) Course or Day Course. Con Amore is not liable for damages resulting from its application.
5. The Participant must indemnify or hold Con Amore harmless from third-party claims for damages.
6. When Con Amore can be held liable, it can only be for an amount up to twice the invoice value of the assignment unless it concerns liability for a part of the assignment. When Con Amore can be held liable for a part of an assignment, it can only be for an amount up to twice the invoice value of that part of the assignment.
7. Con Amore is not liable for indirect damages, such as consequential damages, business damages, lost profits, damages due to business interruptions, and/or other forms of indirect damages, except for intent or gross negligence. Con Amore is not liable for damages to or by third parties.
8. When Con Amore has no influence on developments involving third parties, for example, those whose location Con Amore uses to execute the Agreement, such as a Course location or Day Course location, and when these third-party developments lead to damages, Con Amore is not liable.
9. Con Amore, to the extent Con Amore can be held liable, is not liable for damages caused by medical or psychosocial advice or advice of another nature given by the Instructor. Advice given by the Instructor is not given on behalf of Con Amore but from the Instructor personally.
10. Con Amore, to the extent Con Amore can be held liable, is only liable for direct damages. Any damages that are not direct are indirect. Direct damages include:
    1. the costs of determining the damage;
    2. the reasonable costs incurred by the Participant to ensure Con Amore’s performance, unless these costs cannot be attributed to Con Amore;
    3. and reasonable costs incurred by the Participant to prevent (greater) damages. The Participant must demonstrate that these costs have led to the limitation of the damages.

Article 11 Intellectual Property

1. All intellectual property rights associated with the Agreement and related to the Course or Day Course belong to Con Amore and remain the property of Con Amore. This includes intellectual property arising from the course materials developed, provided, or made available by Con Amore. This includes, but is not limited to, the course materials, advice, and any blogs on Con Amore’s website.
2. The Participant acquires a non-transferable right to use the course materials for the duration of the Agreement. The right of use includes the use of the course materials for private purposes.
3. Con Amore is entitled to use photo or video recordings of Participants for promotional purposes, provided that no strictly confidential information about the Participant is disclosed, unless otherwise agreed in writing.
4. The Participant is not permitted to develop or conduct a similar Course or Day Course based on the Course or Day Course provided by Con Amore, developed curricula, and associated course materials, either alone or in collaboration with third parties, unless Con Amore has given written permission.
5. The copyright of these general terms and conditions belongs to Thomas Vegting and may not be reproduced, copied, or distributed without his permission.

Article 12 Force Majeure, Suspension, and Termination Due to Force Majeure

1. In the event of force majeure, Con Amore is obliged to inform the Participant as soon as possible. Con Amore will make every effort to continue and complete the Course or Day Course or to continue or complete the Course or Day Course at a later date.
2. In the event of force majeure, Con Amore is authorized to suspend the Agreement for up to 6 months or to terminate it without judicial intervention and without liability for damages. If the force majeure lasts longer than 6 months, both parties are entitled to terminate the Agreement without cost or liability.
3. In these terms, force majeure is understood, in addition to the legal interpretation and the interpretation in Dutch case law, as an external cause (foreseen or unforeseen) beyond Con Amore’s control, making it unreasonable to expect Con Amore to fulfill its obligations. An example is a strike by third parties, the loss of a course location, or the physical incapacity of an Instructor.
4. Con Amore is entitled to invoke force majeure during the period when Con Amore should have already fulfilled its obligations.
5. If it is impossible to continue or complete the Course or Day Course, both parties may terminate the Agreement. Fees already paid will be refunded in proportion to the number of lessons and registration fees. Con Amore may invoice the part of the work already performed at the time of termination in proportion to the agreed price.

Article 13 Applicable Law, Competent Court & Amendment of the General Terms and Conditions

1. If the parties disagree, they commit to reaching an agreement as soon as possible by talking honestly, openly, and in good faith, with a sense of fairness for all involved.
2. If the parties cannot resolve a disagreement on their own, their next option is to convene mediation or a collaborative law process.
3. Dutch law applies to all offers made to the Participant and agreements concluded between the Participant and Con Amore.
4. In the unlikely event that a dispute still exists after complying with paragraphs 1 and 2 of this article regarding an offer or Agreement, the competent court, including the preliminary relief judge, in the district of Midden-Nederland is authorized to hear disputes arising from legal relationships between the Participant and Con Amore or from Con Amore’s offers.
5. Con Amore may amend these general terms and conditions. Notification of new general terms and conditions will be made via display before logging into the learning environment and must be accepted there.

Article 14 Privacy Provisions

1. Con Amore and the Participant are both obliged to handle confidential information they receive from each other with care. Information is considered confidential when one of the parties indicates that it is confidential at the time it is provided, or when the nature of the information implies confidentiality.
2. Con Amore is entitled to engage third parties for the execution of the Agreement. Con Amore will only provide third parties, such as Instructors, with the information necessary for the execution of the Agreement or for safety purposes.
3. For the purpose of executing the Agreement, particularly in the context of fulfilling the Agreement, Con Amore provides the contact details of Participants to other Participants in the same group for activities such as traveling or studying together.
4. The Participant agrees to refrain from the following after obtaining contact details of fellow Participants: a. Distributing SPAM, including defamatory statements or texts; b. Distributing materials that are contrary to public order and good morals, such as messages of a pornographic and/or racist nature; c. Infringing on the rights of third parties, including: i. Copyrights; and ii. Privacy of third parties; d. Criminal behavior.
5. Con Amore is entitled to use the Participant’s data for sending course materials, Con Amore’s newsletter, information about Courses or Day Courses offered by Con Amore, or other information about Con Amore’s activities. The Participant may unsubscribe from any mailing at any time by submitting a written request to Con Amore.
6. A party is not obliged to pay compensation or indemnification if a party provides confidential information to third parties without the consent of the other party, based on legal requirements or a court ruling.
7. Disclosure of confidential information to third parties is only possible with the consent of the other party.
8. Con Amore uses social media for promotion and/or publicity. Con Amore has the right to post photos or videos of Courses or Day Courses. If the Participant objects to this, the Participant may submit a written objection to Con Amore before or during the Course or Day Course. Con Amore will, if reasonable, remove the photo. It is considered unreasonable to demand the removal of a photo in which the Participant is not recognizable.

Article 15 Location and Amendment of General Terms and Conditions

1. Con Amore will, in addition to publishing these general terms and conditions on their website, gladly provide them again in case of, for example, loss.
2. The most recent version of the general terms and conditions applies to every legal act of Con Amore, unless these acts are intended to execute an already concluded Agreement.