TERMS AND CONDITIONS
1. Nature of the Agreement
1.1 The General Terms and Conditions, together with the training schedule, constitute the education agreement as referred to in Article 8.1.3 of the Education and Vocational Training Act (WEB).
1.2. Business Fashion Academy may unilaterally amend the General Terms and Conditions. Publication will take place through personal notification or through a general notice on the website.
1.3. This agreement sets out the general rights and obligations of the parties. Provisions specifically concerning the training/course to be followed by the student/participant are stated on the training schedule. The training schedule is an integral part of this agreement. Wherever this agreement refers to "training," this refers to the training as stated on the training schedule.
1.4. Business Fashion Academy, registered in the Trade Register under Chamber of Commerce number: 81273819, is the user of these General Terms and Conditions.
1.5. "Year-long program/evening program and course" means: a year-long program, evening program, or course provided by Business Fashion Academy.
1.6. "Student/participant" means the person who has approved or signed the training agreement for a program/course provided by Business Fashion Academy.
2. Content of the agreement
2.1. The content and structure of the program/course are described in the relevant information shared, such as the website, presentations, and study guide. This information is for illustrative purposes only and refers to examples from the past. The actual implementation within the framework of the study agreement may differ from the examples shown. Therefore, the student cannot derive any rights from the information shown for illustrative purposes.
2.2 These general terms and conditions apply to all offers, quotations, price estimates, and agreements prepared by Business Fashion Academy, as well as to all programs, courses, work performed, deliveries, and other (legal) acts provided by Business Fashion Academy.
2.3. The student/trainee is not authorized to transfer the rights and obligations under the study agreement to a third party without the written permission of Business Fashion Academy. Business Fashion Academy may impose additional conditions on this permission.
3. Agreement/Registration Terms and Conditions
3.1. Registration for a Business Fashion Academy program/course is (preferably) done by submitting a fully completed registration form. The registration procedure includes an intake interview from which a selection will be made. After the student/participant receives the result and is accepted, the registration procedure will be finalized with this training agreement. The registration is only final once the training agreement has been signed with the payment form and/or authorization form and the reservation fee has been received by Business Fashion Academy.
3.2. All other registrations, including those by telephone or email, will be confirmed by Business Fashion Academy by email within 10 business days of receipt, after which an intake interview will be scheduled. The same procedure as described in Article 1 will then follow.
3.3. After Business Fashion Academy has correctly received the steps described in 3.1 for a registration, the training agreement is effective and therefore final. This will be confirmed by Business Fashion Academy by email/letter.
3.4. The study agreement is concluded when Business Fashion Academy accepts the registration for a Course in writing and is deemed to have been concluded when Business Fashion Academy has confirmed the registration for a Course in writing to the Client. This confirmation also serves as proof of registration for the Course in question. Meeting any admission requirements for a Course is a condition for the conclusion of the Study Agreement. Cancellation on this condition by the institution may occur if the student does not meet certain requirements.
3.5. If a student has administrative questions or questions related to the course, Business Fashion Academy will ensure that these are answered within ten business days. If a (written) question requires more time than the aforementioned response time, Business Fashion Academy will notify the student in writing, indicating when a response can be expected.
3.6. Students are selected and placed selectively.
3.7. The student/trainee or company designated as the debtor according to the payment form and authorization form will receive the invoice. Further correspondence will be conducted directly with the student/trainee.
3.8. If the student/trainee has not yet reached the age of eighteen, the authorized parent or guardian must grant permission for participation by means of a written agreement, signing the training agreement, payment form, and, if an authorization is required, completing the authorization form.
3.9. Business Fashion Academy reserves the right to exclude a student/trainee from participation if the training fee is not credited to the Business Fashion Academy account on time.
3.10. By returning the training agreement, the student/trainee agrees to attend all lessons related to the relevant training/course, including the associated house rules.
3.11. Legal acts performed by Business Fashion Academy's subordinates are not binding on Business Fashion Academy, unless and insofar as these acts are expressly and in writing agreed to by Business Fashion Academy.
3.12. The obligations entered into by Business Fashion Academy never exceed a best-efforts obligation.
3.13. Business Fashion Academy is at all times authorized to have the agreement performed by third parties.
4. Duration and Termination of the Agreement
4.1. This training agreement takes effect upon signature by the student/participant and is generally concluded for the duration of the training/course as stated on the training schedule.
4.2. The student/participant has 14 calendar days after receiving the training agreement, payment form, and authorization form to return them to Business Fashion Academy. The student must also pay the reservation fee. If this is not paid, the place will be upgraded.
4.3. If the above process is completed correctly, the student/participant has 14 calendar days to exercise their right of withdrawal, and the training/course will be canceled. If this does not apply, the student/participant is legally obligated to the training agreement.
5. Business Fashion Academy's Obligations of Best Effort
5.1. Business Fashion Academy organizes its educational activities in such a way that the student can reasonably complete the training successfully within the set timeframe. Namely, before or no later than the expected end date indicated in the annual schedule.
5.2. Business Fashion Academy will inform the student in a timely manner of the schedule and locations, as well as any changes thereto for organizational and/or educational reasons. The basic principle is that the program will take place at the training location known to the parties. Business Fashion Academy may move a program to a different (digital) training location, different date, and/or different time. The decision on whether or not to move a program lies solely with Business Fashion Academy.
5.3. Business Fashion Academy will endeavor to offer missed educational activities due to cancellations in an alternative format and/or at an alternative time, provided this is feasible for the institution.
5.4. Business Fashion Academy will endeavor to maintain attendance records.
5.5 Business Fashion Academy is authorized to have a Course or parts thereof provided by a partner authorized by Business Fashion Academy, in which case the Study Agreement between the student/participant and Business Fashion Academy and these General Terms and Conditions remain fully applicable. Provisions agreed upon between Business Fashion Academy and the student/participant also apply to the relationship between the student/participant and the partner.
5.6. Students in the year-long/evening course will receive guidance during classes. Outside of class hours, guidance will be available by email or by appointment. This will take place on the specified class days from 10:00 AM to 6:00 PM, excluding holidays and public holidays.
6. Student Obligations
6.1. The student/participant is obligated to actually attend the educational activities according to the applicable schedule and to carry out assignments given within the program, unless this cannot be expected of them for urgent reasons, in which case this must be discussed and written approval must be given by BFA.
6.2. The student/participant must be present at the designated location on time, i.e., before the start of the relevant educational activities.
6.3. The student/participant must demonstrably make an effort to achieve the objectives set by the student/participant.
6.4. The student/participant understands that having the correct equipment (such as a laptop, tablet, or iPad) is necessary to participate in the program and assumes responsibility for the necessary Office and Adobe programs.
6.5. Any travel expenses for domestic excursions are the student's own responsibility. In addition, any additional costs for developing products are also the student's responsibility. The cost structure may vary per trimester, depending on the program.
7. Absence from the program
7.1. Students/participants are required to maintain 90% attendance during classes, unless other arrangements have been made.
7.2. In the event of unauthorized absence, the educational director may impose appropriate measures, including exclusion from further education while maintaining the student's obligation to pay the full tuition fee.
8. Financial Obligations
8.1. Price quotes are provided by Business Fashion Academy based on the prices applicable to the offer at that time.
8.2. The parties are aware that Business Fashion Academy provides customized training programs, meaning that it works with a limited number of students/trainees who are trained by renowned instructors at selected locations. A large portion of the training fees is used by Business Fashion Academy to cover third-party costs, such as venue rental, hiring (guest) instructors, etc. The student/trainee will be informed of this, also to clarify why (after cancellation/termination by the student/trainee) a payment is still due.
8.3. The stated prices are exclusive of VAT and other government levies, taxes, and duties, unless stated otherwise. Because Business Fashion Academy is registered with CRKBO, the prices are exempt from sales tax (VAT).
8.4. By signing the training agreement, the student declares that they are aware of the educational materials described in Article 6 that they must have before the start of the training program, and the additional costs involved.
8.5. The student must return the signed training agreement simultaneously, either by email or in writing, and pay the reservation fee of 5% of the future tuition fee using iDEAL. The reservation fee will be deducted from the remaining tuition fee. During the period in which the reservation fee is paid and in July, the student will receive an invoice by email or in writing for the remaining amount, either for payment or for the (instalment) payment, if this is specified in the above-mentioned period. The remaining amount must be transferred to the bank account held by Business Fashion Academy before August.
8.6. The payment term for each invoice is 14 days after the invoice date; this payment date is a strict deadline. The student must ensure that the invoice is paid within this period. Failure to pay the invoice within the payment term constitutes default. In the event of default, the entire tuition fee is immediately due and payable in full. In addition, reminder fees of €225 will be charged.
Furthermore, a debt collection agency and/or bailiff will be engaged if Business Fashion Academy deems this necessary.
8.7. The student/trainee may not suspend or offset their payment obligation.
8.8 An administration fee of €64.90 is added to the tuition fee. If payment in installments is agreed upon, the (remaining) amount can be paid in one, two, three, six, or ten installments. No surcharge applies for payment in a single installment. For the year-long and evening courses, the remaining amount can be paid in two, three, six, or ten installments; with installment payments, a percentage of the tuition fee is calculated. For the course, payment is in two and three installments.
• When paying for the year-long course in two installments, a surcharge of +1% applies.
• When paying for the year-long course in three installments, a surcharge of +2% applies.
• When paying for the year-long course in six installments, a surcharge of +4% applies.
• When paying for the year-long course in ten installments, a surcharge of +6% applies.
• When paying for the evening course in two installments, a surcharge of +1% applies.
• When paying for the evening course in three installments, a surcharge of +2% will be applied.
• When paying for the evening course in six installments, a surcharge of +4% will be applied.
• When paying for the evening course in ten installments, a surcharge of +6% will be applied.
• When paying for the course in two installments, a surcharge of +4% will be applied.
• When paying for the course in three installments, a surcharge of +6% will be applied.
In all cases, students/participants who pay in installments will receive an email/written invoice during the above period, stating the first (installment) payment.
8.9. For any default, reminder fees will be charged, without prejudice to Business Fashion Academy's right to claim damages. When paying in installments, the claim for the total tuition fee and the accrued interest will be passed on to a third party after the second default. The damages, namely the extrajudicial costs and interest that Business Fashion Academy owes to this third party, will be recovered in full from the student/participant, without prejudice to the right to claim damages.
8.10. Failure by the student/participant to comply entitles Business Fashion Academy to suspend its obligations, including the right for Business Fashion Academy to (temporarily) deny the student/participant access to the program, until the student/participant has cleared the outstanding payment and default no longer exists. The student/participant will not receive a certificate if payments are not up to date.
9. Cancellation/Changes by Business Fashion Academy
9.1. Business Fashion Academy cannot guarantee that the training/course will actually take place. Business Fashion Academy reserves the right to cancel a training/course at any time, without being liable for any (in)direct compensation.
9.2. The training/course will not take place if, in the opinion of Business Fashion Academy, too few students wish to participate.
9.3. If the training/course is cancelled due to unforeseen circumstances, notification will be given as soon as possible before the first (class) day of the training/course.
9.4. If Business Fashion Academy cancels the training/course, the student (if the training/course has not yet started) is entitled to a refund of the deposit or tuition fee already paid. The refund period is four weeks after cancellation. If the training/course has already started, cancellation by Business Fashion Academy will result in a refund of the paid training fee, to be determined reasonably.
9.5. If a maximum number of students has been admitted for a training/course and the number of registrations has reached this maximum, Business Fashion Academy is authorized to refuse students.
9.6. Business Fashion Academy cannot guarantee that the student's preferences will be taken into account when determining the dates of the training days.
9.7. Business Fashion Academy is entitled to reschedule already scheduled training days, change the location, or replace instructors, without being liable for any (in)direct compensation.
9.8. If Business Fashion Academy changes the training dates and/or location, the participants will be notified as soon as possible before the start of the relevant lesson.
10. Termination of the Agreement
10.1. Cancellation of the agreement must be made by email to the Business Fashion Academy administration at administratie@businessfashionacademy.nl. Business Fashion Academy will use the date of dispatch of the email as the cancellation date.
10.2. Students/trainees who enter into this agreement in the exercise of their profession or business may only terminate this agreement for compelling reasons, in the sense that the parties effectively enter into a fixed-term contract, excluding the option of termination for students/trainees who enter into this agreement in the exercise of their profession or business.
10.3. For students/trainees who act as consumers, and therefore did not enter into the agreement in the exercise of a profession or business, the following applies when terminating the training/course:
- Interim termination is possible at any time; and
- The student/trainee has been informed, and therefore agrees, that the student/trainee owes Business Fashion Academy a reasonable fee – the following amounts; and
- In the event of cancellation – after acceptance – between two months and four weeks before the start of the relevant training/course/first day of class, a fee of 35% of the full tuition fee is due; and
- In the event of cancellation – after acceptance – between four weeks and the actual start of the relevant training/course/first day of class, a fee of 50% of the full tuition fee is due; and
- In the event of cancellation after the start of the training/course, the student/trainee owes Business Fashion Academy 50% of the full tuition fee, plus any lessons already completed, regardless of whether the student attended the meeting(s). The total costs will never exceed the agreed-upon costs.
- In the above-mentioned cases, the previously agreed-upon schedule is null and void, and the above will apply.
10.4. The parties consider the aforementioned cancellation policy reasonable, in the sense that the parties understand that a student/course participant acting as a natural person is legally entitled to terminate the contract at any time without being liable for damages. However, the student/course participant acting as a natural person must (in the event of termination) pay Business Fashion Academy the expenses associated with the performance of the training agreement. The parties will estimate the amount of these expenses in accordance with paragraph 3 of this article.
10.5. The student/course participant may cancel their registration as referred to in Article 4, paragraph 3. If the student/course participant does not cancel their registration for a training program/course in this manner, they are legally obligated to comply with the agreement.
10.6. If the student/participant cancels their registration for a training program/course in a timely manner and in accordance with Article 4, paragraph 3, Business Fashion Academy will arrange a refund within fourteen calendar days.
10.7. If the student/participant decides to discontinue the training program/course after it has commenced, no refund of the paid training fee will be made, and the student/participant is obligated to pay any remaining training fee.
10.8. If the student/participant fails to attend training program/course classes, no refund of the training fee will be made. If the student/participant terminates the training program/course prematurely, no refund of the training fee will be made.
10.9. If a student is absent from one or more lessons due to illness or accident, they will be offered the opportunity, upon presentation of a doctor's note and consultation, to attend the missed lesson(s) in another course cycle, subject to the existence of the course cycle in question and sufficient capacity. In this case, the payment obligation will not be deferred. Payment will not be deferred.
10.10. If a student is absent from one or more lessons due to illness, accident, or the death of a first- or second-degree relative, they will be offered the opportunity, upon presentation of a doctor's note and consultation, to attend the missed lesson(s) in another course cycle, subject to the existence of the course cycle in question and sufficient capacity. Payment will not be deferred.
10.11. In the event of the death of the student/participant, the agreement will be terminated by operation of law on the date of death. The tuition fee, less any costs incurred for the training/course up to the date of death, will be refunded to the rightful claimant.
10.12. The student/participant must conduct themselves as befits a responsible student/participant. The student/participant will adhere to the applicable professional conduct (Appendix 1), the content of which is deemed to be repeated and incorporated herein. If the student/participant behaves in such a way that it harms the interests of Business Fashion Academy or the life, honor, or interests of other students/participants, Business Fashion Academy reserves the right to terminate the agreement with the student/participant. In this case, no tuition fee will be refunded.
11. Liability
11.1. In the event the student/trainee acts as a consumer and suffers damage, Business Fashion Academy's liability is limited to compensation for direct damage (liability for indirect damage—for example, consequential damage, damage due to delays, loss of profit, and lost turnover—is therefore excluded). Furthermore, the scope of the cumulative compensation obligation is limited to the amount paid by the student/trainee in (or in respect of) the academic year in which the event causing the damage occurred. Business Fashion Academy's cumulative compensation obligation will under no circumstances exceed the amount actually paid to Business Fashion Academy by Business Fashion Academy's insurer. The foregoing does not apply only in the event of intent or gross negligence on the part of Business Fashion Academy's most senior management.
11.2. In the event the student/trainee acts in the exercise of their profession or business, the assignment will be carried out, notwithstanding Articles 7:404 and 7:407, paragraph 2, of the Dutch Civil Code. If the student/trainee referred to in this article suffers damage, Business Fashion Academy's (non-)contractual cumulative liability resulting from a (connected series of) attributable shortcomings is limited to compensation for direct damage (liability for indirect damage—for example, consequential damage, damage due to delays, loss of profit, and lost turnover—is therefore excluded). Furthermore, the scope of the cumulative compensation obligation is limited to the amount paid by the student/trainee in (or in respect of) the academic year in which the event causing the damage occurred. Business Fashion Academy's aforementioned compensation obligation will under no circumstances exceed the amount actually paid to Business Fashion Academy by Business Fashion Academy's insurer. The foregoing does not apply only in the event of intent or gross negligence on the part of Business Fashion Academy's senior management.
11.3. Business Fashion Academy is not liable for damages resulting from the interim termination of the training agreement. In that case, the student/participant is not entitled to reimbursement of costs incurred, unless otherwise agreed.
11.4. Business Fashion Academy accepts no liability for damage to or theft of (personal) property of the student/participant.
11.5. Business Fashion Academy is not liable for any damages beyond those arising from statutory liability. Business Fashion Academy is only liable for damages for which Business Fashion Academy has taken out liability insurance and for which it could reasonably have insured itself. Business Fashion Academy is never liable for consequential damages.
11.6. All damage caused by the student/participant in the building, such as damage to furniture or equipment, etc., will be recovered from the student/participant or their legally authorized parent or guardian.
11.7. The objectives set by the student/participant are not the responsibility of Business Fashion Academy. The student/participant is personally responsible for achieving the objectives and the results at the end of a training/course.
11.8. This limitation of liability also extends to all persons for whom Business Fashion Academy is established to be responsible.
12. Dispute and Complaint Procedure
12.1. If a student believes that this agreement has been applied incorrectly or carelessly, they can file a complaint with the Business Fashion Academy Complaints Committee.
12.2. If a student has a complaint about a program, course, or continuing education program, they should first try to resolve it with the instructor. If this is unsuccessful, they can file a complaint with the Business Fashion Academy Complaints Committee.
12.3. The student must submit the complaint digitally to the Business Fashion Academy Complaints Committee. The complaint must include at least: – Name and address of the submitter – Date of submission – Description of the complaint – Grounds for the complaint – Actions taken – Description of the complaint – Grounds for the complaint – Actions taken.
12.4. Complaints: The student/participant sends their complaint to Business Fashion Academy, Complaints Department, Attn: Business Fashion Academy Coordinator: Email address: algemenezaken@businessfashionacademy.nl
12.5. The period for submitting a complaint is two working weeks. This period begins on the day after the complaint arose.
12.6. The Business Fashion Academy Complaints Committee will date-stamp the complaint and confirm to the complainant by email within ten days that the complaint has been received and will be processed. The Complaints Committee will conduct an investigation before making a decision.
12.7. The Business Fashion Academy Complaints Committee will provide the student/participant with an estimate of the expected time required to process, substantively address, and respond to the complaint.
12.8. Business Fashion Academy guarantees the student/participant that every complaint will be handled carefully and with respect for the student/participant's privacy.
12.9. The Business Fashion Academy Complaints Committee will make a decision within four working weeks of the complaint being submitted. The Complaints Committee will notify the student/participant digitally no later than four weeks after the complaint is submitted and will present the decision to the student/participant.
12.10. If the Business Fashion Academy Complaints Committee needs more time to make a decision, it will inform the student/participant within the four-week period already established. The Business Fashion Academy Complaints Committee will also indicate the timeframe within which the student/participant can expect a response.
12.11. All written complaints, including the manner in which they were handled, will be retained for five years.
12.12. If a student/trainee disagrees with the decision of the Complaints Committee, they can appeal this decision to the independent third party named:
Marcel Joosten. The written appeal must include at least:
- Name and address of the submitter
- Date of submission
- Description of the measure or decision against which the appeal is being lodged
- The grounds for the appeal
The written appeal must be addressed to the independent third party: Attn: Marcel Joosten.
12.13. The deadline for submitting an appeal is two working weeks. The deadline begins on the day after the independent third party's measure or decision is announced.
12.14. The independent third party will make a decision within four working weeks of the appeal being submitted and will notify the student/trainee within four weeks. If the independent third party needs more time to make a decision, they will inform the student/participant of this within the four-week period already established. The independent third party will also indicate within what timeframe the student/participant can expect a response.
12.15. Business Fashion Academy accepts the decision of the independent third party, and it is binding. Any consequences will be dealt with as quickly as possible, within two weeks.
12.16. The independent third party guarantees the student/participant that any appeal will be handled carefully and with due respect for the student/participant's privacy.
12.17. All appeals will be retained for a period of five years.
13. Certificates/Exemptions and Retakes
13.1. The student/participant will only receive a certificate after payment of all installments and successful completion of the training/course.
13.2. Business Fashion Academy does not grant exemptions for any part of a training/course.
13.3. If a training/course requires a final assignment from the student that is insufficient, the student/participant has the right to improve or catch up on this assignment within the period specified by Business Fashion Academy.
14. Confidentiality
14.1. Anyone involved in the implementation of a training/course from Business Fashion Academy and who gains access to information of which they know or reasonably should suspect its confidential nature is obligated to maintain confidentiality.
14.2. Both parties are obligated to maintain confidentiality of all confidential information they have obtained from each other or from other sources within the framework of their agreement. Information is considered confidential if this has been communicated by the other party or if this follows from the nature of the information.
15. Intellectual Property Rights
15.1. All intellectual property rights relating to the course materials/teaching materials provided by Business Fashion Academy to the student/participant belong to Business Fashion Academy.
15.2. All materials provided by Business Fashion Academy, such as teaching materials, readers, presentations, reports, videos, etc., remain the property of Business Fashion Academy after payment of the tuition fee. They may not be reproduced, made public, or brought to the attention of third parties without the prior consent of Business Fashion Academy.
15.3. The student/participant grants Business Fashion Academy permission to share photos of the student and products on Instagram/Facebook/LinkedIn and other social media channels. 4. The student/participant grants permission to use the shared photos of the student and products for marketing/branding purposes.
16. Personal Data
16.1. The student's name, address, and email address will be included in Business Fashion Academy's address database and will be used to organize the programs/courses and to keep the student/course participant informed of the programs/courses offered by Business Fashion Academy, if requested. This data will only be provided to third parties if strictly necessary for the proper delivery of the program and after obtaining the student's consent.
16.2. Business Fashion Academy processes the personal data provided by the student/course participant in accordance with Business Fashion Academy's privacy policy.
Training Agreement
Appendix 1: Professional Conduct
Business Fashion Academy expects a certain professional conduct during the program/course. At Business Fashion Academy, you are challenged to think critically about how you present yourself in class and how a student/course participant works. It's important to understand the values of both students and Business Fashion Academy, and to adapt your professional conduct accordingly. At Business Fashion Academy, it's especially important that you understand your strengths, how you can best utilize them, and what is expected of you in the workplace. Below are some important points regarding professional conduct at Business Fashion Academy.
•The student adheres to the rules and regulations of Business Fashion Academy.
•The student accepts feedback from their manager.
•The student reports absences on time.
•The student maintains a high work pace and a proactive attitude.
•The student maintains a positive presence during the program/course.
•The student is respectful to others at all times.
•The student honors their commitments.
•The student takes responsibility for their own objectives.
•The student/trainee can collaborate.
•The student/trainee makes sufficient progress.
•The student/trainee always shows respect for the institution, colleagues, clients, etc.
•The student/trainee incorporates feedback and applies it accordingly.
Update januari 2024