General terms and conditions

E-mail: [email protected]

Website: Zapply.eu

Chamber of Commerce number:  87685981

VAT identification number:

1. MJ Learning: Zapply, established in Amsterdam under Chamber of Commerce number 87685981.
2. Customer: the person with whom MJ Learning has entered into an agreement.
3. Parties: MJ Learning and customer together.
4. Consumer: a customer who is also an individual and who acts as a private person.

Applicability of general terms and conditions

1. These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of MJ Learning.

2. Parties may only deviate from these terms and conditions if they have expressly agreed to this in writing.

3. The parties exclude the applicability of additional and/or deviating general terms and conditions of the customer or of

   expressly excludes third parties.

Prices

1. All prices used by MJ Learning are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or otherwise agreed.

2. MJ Learning may change all prices that it uses for its products, on its website or otherwise made known, at any time.

3. Increases in the cost prices of products or parts thereof, which MJ Learning could not foresee at the time of making the offer or concluding the agreement, may give rise to price increases.

4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.

Monsters and models

If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.

Payments and payment terms

1. When entering into the agreement, MJ Learning may request a down payment of up to 50% of the agreed amount.

2. The customer must have made subsequent payments within 1 month after delivery.

3. Payment terms are considered fatal payment terms. This means that if the customer fails to pay

   If the agreed amount has not been paid by the last day of the payment term, the customer is legally in default and in breach, without MJ Learning having to send the customer a reminder or put the customer in default.

4. MJ Learning reserves the right to make a delivery dependent on immediate payment or to demand security for the total amount of the services or products.

Consequences of not paying on time

1. If the customer does not pay within the agreed term, MJ Learning is entitled to charge the statutory interest of 2% per month for non-commercial transactions from the day the customer is in default, whereby a part of a month is counted as a whole month.

2. If the customer is in default, he will also owe MJ Learning extrajudicial collection costs and any damages.

3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.

4. If the customer does not pay on time, MJ Learning may suspend its obligations until the customer has fulfilled his

4. If the customer does not pay on time, MJ Learning may suspend its obligations until the customer has fulfilled its payment obligation.

5. In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, MJ Learning's claims on the customer are immediately due and payable.

6. If the customer refuses to cooperate with the execution of the agreement by MJ Learning, he is still obliged to pay the agreed price to MJ Learning.

Right of complaint

1. As soon as the customer is in default, MJ Learning is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.

2. MJ Learning invokes the right of complaint by means of a written or electronic communication.

3. Once the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to MJ Learning, unless the parties have made other agreements about this.

   to make.

4. The costs of retrieving or returning the products will be borne by the customer.

Right of withdrawal

1. A consumer can cancel an online purchase during a reflection period of 14 days without giving any reason, provided that:

   the product has not been used
   it is not a product that can spoil quickly, such as food or flowers
   it is not a product that has been tailor-made or adapted especially for the consumer
   it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.) the seal is still intact, in the case of data carriers with digital content (DVDs, CDs, etc.)
   the product or service does not concern accommodation, travel, restaurant business, transport, catering assignment or form of leisure activity
   the product does not concern a separate magazine or newspaper
   the consumer has not waived his right of withdrawal

2. The 14-day reflection period as referred to in paragraph 1 commences:
   on the day after the consumer has received the last product or part of 1 order as soon as the consumer has confirmed that he will purchase digital content via the internet

3. The consumer can make his/her appeal to the right of withdrawal known via [email protected], if desired using the withdrawal form that can be downloaded from the MJ Learning website, Zapply.nl.

4. The consumer is obliged to return the product to MJ Learning within 14 days after notification of his right of withdrawal, otherwise his right of withdrawal will lapse.

Reimbursement of delivery costs

1. If the consumer has made timely use of his right of withdrawal and as a result has returned the entire order to MJ Learning in a timely manner, MJ Learning will refund any shipping costs paid by the consumer within 14 days of receipt of the timely and fully returned order.

2. Delivery costs will only be borne by MJ Learning if the entire order is returned.

Return shipping costs reimbursement

If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the entire order will be borne by the consumer, unless the consumer returns the entire order to the return address specified by MJ Learning.

Return address for order in case of cancellation

If the consumer exercises his right of withdrawal, he is eligible for compensation for the

If the consumer exercises his right of withdrawal, he is eligible for reimbursement of the costs for returning the entire order if the order is returned to:
MJ Learning, Antwoordnummer, 1075 RZ 1075RZAmsterdam

Right of suspension

Unless the Customer is a consumer, the Customer waives the right to suspend the performance of any obligation arising from this Agreement.

Right of retention

1. MJ Learning may invoke its right of retention and in that case retain the customer's products until the customer has paid all outstanding invoices to MJ Learning, unless the customer has provided sufficient security for those costs.

2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to MJ Learning.

3. MJ Learning is never liable for any damage that the customer may suffer as a result of exercising his right of retention.

Settlement

Unless the customer is a consumer, the customer waives his right to offset a debt to MJ Learning against a claim on MJ Learning.

Retention of title

1. MJ Learning shall remain the owner of all delivered products until the customer has fully complied with all its payment obligations towards MJ Learning under any agreement concluded with MJ Learning, including claims relating to failure to comply.

2. Until then, MJ Learning can invoke its right of ownership and take back the items.

3. Before ownership has passed to the customer, the customer may not pledge, sell or alienate the products.

   or otherwise object.

4. If MJ Learning invokes its retention of title, the agreement will be deemed to have been terminated and

   MJ Learning has the right to claim damages, lost profits and interest.

Delivery

1. Delivery will take place while stocks last.

2. Delivery will take place at MJ Learning, unless the parties have agreed otherwise.

3. Delivery of products ordered online will take place at the address specified by the customer.

4. If the agreed amounts are not paid or are not paid on time, MJ Learning has the right to

   to suspend obligations until the agreed portion has been paid.

5. In the event of late payment, the creditor is in default, with the result that the customer cannot accept late delivery to MJ.

   Learning can be countered.

Delivery time

1. The delivery times stated by MJ Learning are indicative and do not entitle the customer to cancellation or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.

2. The delivery period commences at the moment that the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation from MJ Learning.

3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to terminate the agreement, unless MJ Learning cannot deliver within 14 days after written notice to do so or the parties have agreed otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place on time.

Shipping costs

Shipping costs

Transportation costs are for the account of the customer, unless the parties have agreed otherwise.

Packaging and shipping

1. If the packaging of a delivered product is opened or damaged, the customer must have a note made of this by the carrier or delivery person before receiving the product, failing which MJ Learning cannot be held liable for any damage.

2. If the customer arranges for the transport of a product himself, he must report any visible damage to products or packaging to MJ Learning prior to transport, failing which MJ Learning cannot be held liable for any damage.

Storage

1. If the customer receives ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.

2. Any additional costs resulting from premature or late collection of products will be borne entirely by the customer.

Warranty

1. The warranty with respect to products applies only to defects caused by defective manufacturing, construction or material.

2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, modifications to the product, negligence or improper use by the customer, or if the cause of the defect cannot be clearly determined.

3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties shall pass to the customer at the time when they are legally and/or actually delivered, or at least come into the possession of the customer or of a third party who receives the product on behalf of the customer.

Swap

1. Exchanging purchased items is only possible if the following conditions are met:

   Exchanges can be made within 14 days of purchase upon presentation of the original invoice.
   The product must be returned in the original packaging or with the original (price) tags still attached.
   The product has not yet been used.

2. Discounted items, non-durable items such as food, custom-made items or items specially adapted for the customer and Products that have already been used cannot be exchanged.

Disclaimer

The customer indemnifies MJ Learning against all claims from third parties relating to the products and/or services supplied by MJ Learning.

Complaints

1. The customer must examine a product or service supplied by MJ Learning as soon as possible for any deficiencies.

2. If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform MJ Learning of this as soon as possible, but in any case within 1 month after discovering the shortcomings.

3. Consumers must inform MJ Learning of any deficiencies within 2 months of discovering them.

4. The customer must provide as detailed a description as possible of the deficiency, so that MJ Learning is able to respond adequately.

5. The customer must demonstrate that the complaint relates to an agreement between the parties.

5. The customer must demonstrate that the complaint relates to an agreement between the parties.

6. If a complaint relates to ongoing work, this may in any case not lead to MJ

   Learning may be required to perform work other than that agreed upon.

Notice of default

1. The customer must notify MJ Learning of any notice of default in writing.
2. It is the customer's responsibility to ensure that a notice of default actually reaches MJ Learning (in a timely manner).

Customer's joint and several liability

If MJ Learning enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts owed to MJ Learning under that agreement.

Liability MJ Learning

1. MJ Learning is only liable for any damage suffered by the customer if and to the extent that such damage is caused by intent or deliberate recklessness.

2. If MJ Learning is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.

3. MJ Learning is never liable for indirect damage, such as consequential damage, lost profits, missed savings or damage to third parties.

4. If MJ Learning is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance policy and in the absence of (full) payment of the amount of damages by an insurance company, the liability is limited to the (part of the) invoice amount to which the liability relates.

5. All images, photos, colours, drawings, descriptions on the website or in a catalogue are only indicative and are only approximate and cannot give rise to compensation and/or (partial) termination of the agreement and/or suspension of any obligation.

Expiry date

Any right of the customer to compensation from MJ Learning shall in any case expire 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of article 6:89 of the Civil Code.

Right of withdrawal

1. The customer has the right to terminate the agreement if MJ Learning is culpably in breach of its obligations, unless this breach, given its special nature or minor significance, does not justify termination.

2. If compliance with the obligations by MJ Learning is permanently or temporarily impossible, dissolution can only take place after MJ Learning is in default.

3. MJ Learning has the right to terminate the agreement with the customer if the customer does not fully or timely fulfil his obligations under the agreement, or if MJ Learning has become aware of circumstances that give it good reason to fear that the customer will not be able to properly fulfil his obligations.

Force majeur

1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by MJ Learning to fulfil any obligation towards the customer cannot be attributed to MJ Learning in a situation beyond the control of MJ Learning, which prevents the fulfilment of its obligations towards the customer in whole or in part or which makes it unreasonable to expect MJ Learning to fulfil its obligations.

2. The force majeure situation referred to in paragraph 1 also includes - but is not limited to: state of emergency (such as civil war, uprising, riots, natural disasters, etc.); default and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.

3. If a force majeure situation occurs as a result of which MJ Learning cannot fulfil one or more obligations to the customer

3. If a force majeure situation occurs as a result of which MJ Learning cannot fulfil one or more obligations to the customer, those obligations will be suspended until MJ Learning can fulfil them again.

4. From the moment that a force majeure situation has lasted for at least 30 calendar days, either party may terminate the agreement in writing in whole or in part.

5. In the event of force majeure, MJ Learning is not liable for any compensation (for damages), even if it enjoys any benefit as a result of the force majeure situation.

Amendment of the agreement

1. If, after the conclusion of the agreement, it appears necessary to change or supplement its content for its execution, the parties shall adjust the agreement accordingly in a timely manner and in mutual consultation.

2. The previous paragraph does not apply to products purchased in a physical store.

Changes to general terms and conditions

1. MJ Learning is entitled to change or supplement these general terms and conditions.

2. Minor changes may be made at any time.

3. MJ Learning will discuss major content changes with the customer in advance as much as possible.

4. Consumers are entitled to cancel the agreement in the event of a material change to the general terms and conditions.

   say.

Transfer of rights

1. Customer rights under an agreement between the parties may not be transferred to third parties without the prior written consent of MJ Learning.

2. This provision applies as a clause with property law effect as referred to in Article 3:83, paragraph 2, of the Dutch Civil Code.

Consequences of nullity or voidability

1. If one or more provisions of these general terms and conditions prove to be null and void or voidable, this will not affect the other provisions of these terms and conditions.

2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what MJ Learning had in mind when drawing up the conditions on that point.

Applicable law and competent court

1. Dutch law applies exclusively to any agreement between the parties.

2. The Dutch court in the district where MJ Learning is established / practices / has an office is

   exclusively authorized to hear any disputes between the parties, unless the law prescribes otherwise.

Created on October 3, 2022.