Terms and Conditions

WYS Research is an educational research center located at P. Jelles Troelstralaan 18, 3818 KT in Amersfoort in The Netherlands and registered in the Trade Register of the Chamber of Commerce under number: 75610485. WYS Research focuses on issues in the field of health and well-being and develops educational resources such as an information guide and (online) teaching programme.

Concepts

WYS Research: the contractor and therefore user of these general terms and conditions.

Client: the natural person acting in the course of a profession or business or legal person who gives or wishes to give an assignment to WYS Research.

Student: The natural person, acting in the exercise of a profession or company who concludes an agreement with WYS Research for an online course.

Consumer: The natural person, not acting in the exercise of a profession or company, who purchases a product or service from WYS Research or concludes an agreement for an online course.

Buyer: the natural person, acting in the exercise of a profession or company, or the legal person who buys a product or service from WYS Research.

Assignment: The agreement between WYS Research and the client under which WYS Research carries out work for the client against payment.

Written: both traditional written communication and digital communication such as e-mail.

Website: the website of WYS Onderzoek: www.wysonderzoek.nl

Webshop

  1. The website of WYS Research contains a web shop where physical products, digital products, online courses and services can be agreed upon or purchased at a distance.

  2. In case a consumer orders a physical product on the website, the consumer has the right to dissolve the agreement within fourteen (14) days after receiving the product. If the consumer wishes to make use of this right, he needs to notify WYS Research in writing within fourteen (14) days. The consumer should then return the product to WYS Research within fourteen (14) days, at his own expense. The right of termination does not apply to the purchaser.

  3. The right of dissolution does not apply to digital products which the consumer receives by e-mail or can view or download via an online environment. When the digital product has been opened or downloaded, the contract can no longer be dissolved. The consumer waives the right of rescission when purchasing the digital product.

  4. WYS Research guarantees that products meet the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability, and the statutory provisions and/or government regulations which existed on the date on which the contract was concluded.

  5. Physical products are delivered to the address indicated by the consumer/ purchaser in the ordering process.

  6. WYS Research shall execute accepted orders within thirty (30) days at the latest, unless a different delivery period has been agreed.

  7. The risk of damage and/or loss of physical products shall pass to the consumer/buyer from the moment of delivery to the consumer/buyer or to a representative designated in advance by the consumer/buyer and made known to WYS Research, unless explicitly agreed otherwise.

  8. All prices mentioned include shipping costs, unless indicated otherwise.

  9. Gift vouchers are valid for up to one (1) year after the date of issue.

Liability

  1. WYS Research is only liable for direct damages resulting from the execution of the agreement if there is a legally or contractually attributable shortcoming, intention or gross negligence by WYS Research. In any case, direct damages do not include: consequential damages, loss of profit, missed savings and damages due to business stagnation.

  2. Any liability of WYS Research is limited to a maximum of the amount paid out by its liability insurance, increased by the amount of its own risk. If no liability insurance has been taken out, the insurer does not pay out, or the damage is not covered by the insurance, then the liability of WYS Research is limited to once the invoice amount for the relevant assignment.

  3. WYS Research is not liable for any damage suffered because WYS Research relied on incorrect or incomplete information provided by the client.

  4. WYS Research is not liable for mistakes or shortcomings caused by third parties brought in on behalf of the client, whether or not they were suggested by WYS Research.

  5. The student/consumer remains at all times responsible for applying the knowledge gained during an online course.

  6. The client/course participant/consumer indemnifies WYS Research against any claims by third parties who suffer damage in connection with the execution of the agreement, unless the damage is caused by deliberate action or gross negligence on the part of WYS Research.

  7. All claims based on these general terms and conditions will, contrary to the statutory limitation period, expire one year after the agreement between the client/consumer/buyer and WYS Research has been terminated.

Applicable law and choice of forum

  1. Dutch law is applicable to all agreements entered into and to be entered into by WYS Research and these general terms and conditions.

  2. Any disputes between the client, course participant, consumer, buyer and WYS Research will be submitted to the competent court in Amersfoort, the Netherlands, unless a mandatory legal provision prevents this. This also applies to disputes which are only seen as a dispute by one of the parties.

  3. The parties will always try to find a solution first.

Complaints

  1. If the client/course participant/consumer/buyer is not satisfied with the services provided by WYS Research or has a complaint about the execution of the agreement, the client/course participant/consumer/buyer has to report this to WYS Research in writing, fully and clearly described, as soon as possible but at the latest within fourteen (14) days after it has arisen.

  2. WYS Research will, at the latest within fourteen (14) days after receipt of the complaint, respond to the content of the complaint and, where possible, propose a solution.

  3. Finally, for consumers who have a complaint about a purchase made via the WYS Research website, there is the possibility to file a complaint via the ODR platform at http://ec.europa.eu/odr.

  4. Submitting a complaint does not relieve the client/course participant/consumer/buyer of his/her obligation to pay.

Version September 2020.