GENERAL TERMS AND CONDITIONS OF CONSUMERS FOR PRIVATE EDUCATION AND COURSes
General Terms and Conditions of Milo Performance and Education, hereafter referred to as “Milo.”
Business IDENTITY:
Wouter Middelbos
Nijenrode 39, 1121 HR Landsmeer
KVK Registration Number: 53650603
VAT Number: NL126589240B01
Download the general terms and conditions as a PDF.
ARTICLE 1 - DEFINITIONS
- Offer: Any proposal, quote, or discount provided by Milo.
- Client: A person or legal entity with whom Milo has entered into an Agreement.
- Participant: A natural person who is registered to participate in a Course.
- Examination: An assessment administered by Milo or a third party at the conclusion of a Course.
- Distance Purchase: The remote agreement which qualifies as a consumer purchase under Article 7:5 of the Dutch Civil Code.
- Course: Courses, modules, workshops, and training sessions provided or organized by Milo, lasting one or more sessions.
- Agreement: A written agreement between Milo and the Client regarding the provision of a Course, with payment from the Client.
- Parties: Milo and the Client.
Article 2: Applicability
2.1 These general terms and conditions apply to all offers by Milo, each registration by the Client, and each distance agreement concluded between Milo and the Client.
2.2 Before a distance agreement is concluded, the Client will be provided with a copy of these general terms and conditions. If this is not possible, Milo will inform the Client how the terms and conditions can be viewed electronically or will provide a copy upon request at no cost.
2.3 If the distance agreement is concluded electronically, Milo will make the text of these terms and conditions available electronically in a way that allows the Client to easily save them on a durable medium. If this is not possible, Milo will indicate how these can be reviewed electronically or sent upon request.
Article 3: Offer and Formation of the Agreement
3.1 The Agreement is formed upon acceptance of the offer by the Client. After the Agreement is concluded, the Client will receive written or electronic confirmation. All offers from Milo are non-binding unless explicitly stated otherwise. Offers are always presented as a whole.
3.2 Milo reserves the right to decline an order, registration, or assignment from a Client. In such cases, the Client will be promptly notified in writing, and any payment made by the Client will be refunded immediately.
3.3 If an offer has a limited validity period or is subject to certain conditions, this will be explicitly stated in the offer.
3.4 The offer includes a complete and accurate description of the services and/or digital content offered. The description is detailed enough to enable the Client to make a proper assessment of the offer. Visuals provided by Milo are representative of the services and digital content offered, though deviations in images or other specifications do not entitle the Client to compensation or dissolution of the Agreement.
3.5 The offer includes, in a clear and understandable manner, the following information if it pertains to an educational course:
- The price, including VAT;
- The method of executing the Agreement;
- The start date of the educational course;
- Conditions under which the educational course may be canceled;
- The method of payment;
- The duration of the Agreement;
- Delivery time for course materials.
3.6 Offers do not apply to future orders or reorders.
Article 4: Prices
4.1 All prices and discounts provided, including those using a discount code, are subject to typographical errors. Milo is not obligated to deliver the course or Agreement at an incorrect price.
4.2 Course prices are exclusive of VAT and any other government-imposed levies, and also exclude transport or shipping costs unless explicitly stated otherwise by Milo.
4.3 Milo reserves the right to adjust prices, even after the Agreement has been concluded, if such adjustments are a result of statutory regulations or provisions.
4.4 If an Agreement is concluded with a Client who is a natural person acting outside a business or profession (consumer), and a price increase occurs within three months of the Agreement’s formation, the Client is entitled to dissolve the Agreement. The Client must invoke this dissolution within 14 days of being informed of the price increase. If a course is provided more than three months after the Agreement’s formation, the Client is not entitled to dissolve the Agreement.
Article 5: Payment
5.1 Payment must be made in euros within fourteen (14) days of the invoice date by transferring the amount to a bank account designated by Milo, unless otherwise agreed in writing. If the Client opts for payment in seven installments at the time of registration, the installment amount will be invoiced monthly at the end of each calendar month until all installments have been paid.
5.2 Payment shall be made without deductions, offsets, or suspensions on any grounds, except as required by law.
5.3 The Client is obligated to promptly report any inaccuracies in provided or stated payment information to Milo.
5.4 The payment term is final. If the Client fails to pay in full on time, they are in default without further notice, and Milo has the right to charge statutory interest plus 5% from the due date.
5.5 If Milo takes legal or extrajudicial measures, in addition to the interest specified in Article 5.4, the costs of these measures will be borne by the Client. These costs amount to 15% of the invoice amount, with a minimum of €250.
5.6 Notwithstanding Articles 5.4 and 5.5, consumers will first receive a written notice of default with an additional 14-day payment period. If no payment follows this notice, the consumer is in default. Extrajudicial collection costs will be calculated per the BIK scale.
5.7 In the event of late or incomplete payment, Milo reserves the right to suspend or terminate the Agreement with the Client in writing.
5.8 Milo is entitled to terminate the Agreement without prior notice or judicial intervention if the Client:
- Is declared bankrupt or files for bankruptcy;
- Applies for (provisional) suspension of payments;
- Is subjected to enforcement measures;
- Loses control or authority over (a portion of) their assets.
Article 6: Right of Withdrawal and Cancellation
6.1 If the Client is a natural person acting outside a profession or business (consumer) and a Distance Purchase has occurred, the provisions of this Article 6 apply.
6.2 Contrary to Article 7, the Client has the right to withdraw from the Distance Purchase without giving any reason within fourteen (14) days (cooling-off period). The withdrawal must be made through a written notice sent to Milo, which Milo must receive within the cooling-off period. The cooling-off period starts the day after the Client has accepted the course or Agreement, or after a representative appointed by the Client has confirmed their acceptance.
6.3 If the Client has made a payment, Milo will reimburse this amount as soon as possible, but no later than fourteen days after the withdrawal, except for digital products that have been delivered in full to the Client, as specified in Article 6.4. For these digital products, the Client has no right to a refund.
6.4 Milo excludes the right of withdrawal for digital products such as online course materials and e-books. The consumer explicitly agrees to immediate delivery after purchase and waives their right of withdrawal.
Article 7: Cancellation & (Interim) Termination of the Agreement
7.1 The Client may only cancel participation in a course in writing. The date on which the cancellation is received by Milo is considered the official cancellation date. Cancellation is only possible with a valid reason, such as physical incapacity or another unforeseen circumstance that makes it reasonably impossible for the participant to continue the course. Milo may request a medical certificate or other proof. In such cases, the Client will pay a reasonable fee for the work already performed, including initial costs and lost income for the reserved course spot. These costs are estimated as follows:
- Before the start of the course without access to online course materials: €250 administration costs & lost income for the reserved spot.
- Before the start of the course with access to all online course materials: 50% of the total amount; the Client retains access to all materials for a period of 12 months.
- At the start of the course (first practical day): 60% of the total amount.
- After the fourth practical session: 80% of the total amount.
- After the eighth practical session: 100% of the total amount.
7.2 Postponement of the course is possible once, subject to conditions determined by Milo. Postponement can only be granted for a valid reason, such as physical incapacity or other unforeseen circumstances preventing reasonable continuation of the course. Milo may request proof of the reason. A fee of €250 applies for work performed, including administrative costs and lost income for the reserved spot. Postponement can be requested only once per participant and is limited to a maximum of one year from the original start date. Postponement applies solely to course participation, excluding any installment payments. Postponement requests must be made in writing to info@miloeducation.com.
Article 8: Course
8.1 Registration
8.1.1 Registration for a course is valid only for the dates on which the participant has registered.
8.1.2 Registrations are processed in the order in which they are received. Milo confirms registration by email, and only upon confirmation is registration considered final.
8.1.3 Milo reserves the right to deny any participant without providing a reason.
8.1.4 Milo reserves the right to change locations and times, or to cancel the course if there are insufficient registrations. Milo will inform the Client in a timely manner.
8.2 Attendance
8.2.1 Full attendance is not mandatory for all prescribed sessions of a course, although it is strongly recommended. In case of frequent absence, Milo reserves the right to inquire about the reasons and, if necessary, revoke access.
8.2.2 If a participant cannot attend a practical session, they may attend the session in another group at no extra cost if space permits. If the group is full, the participant may book a private lesson at an additional cost.
8.2.3 Retaking or repeating a practical session costs €85 excluding VAT per hour. A session typically lasts 1.5 to 2 hours and can be shared with up to 2 participants. Additional lessons or private lessons are available for €95 excluding VAT per hour.
Article 9: Examination
9.1 At the end of a course, Milo will administer an examination. If a participant does not meet the attendance requirements, as stipulated in Article 8.2, they forfeit the right to an examination.
9.2 If the initial examination is not passed, the participant is entitled to one free retake within three months of the exam date, scheduled by Milo.
9.3 Within the course, the participant has the right to one free re-exam if advised after the initial examination to reschedule the retake at a later date.
9.4 Participation in the examination is only allowed if there is no outstanding payment in the participant’s installment plan. Both the examination and the retake are scheduled simultaneously.
9.5 Rescheduling an examination can be arranged individually with Milo at a fee of €150 excluding VAT.
Article 10: Questions & Complaints
10.1 Milo aims to address questions or complaints as quickly as possible and to the Client’s satisfaction. For questions or complaints regarding administrative issues or the course content, Milo can be reached by phone or email. Milo will respond within ten working days from the date of receipt. If a question or complaint requires more time, Milo will send a confirmation of receipt with an indication of when the Client can expect a response.
10.2 Milo strives to prevent errors in the course materials. However, if an issue arises, the Client should report this within 48 hours of discovery. Complaints must be submitted to Milo promptly, fully, and clearly described. Complaints not submitted within two months are deemed inadmissible. If the complaint cannot be resolved through mutual consultation, a dispute will arise that is subject to the dispute resolution procedure outlined in Article 17.
Article 11: Intellectual Property Rights
11.1 All intellectual property rights, such as copyrights, trademarks, and design rights, are exclusively owned by Milo or its licensors.
11.2 The intellectual and industrial property rights related to course materials provided to the Client/participant are owned by Milo. All materials provided by Milo are intended solely for personal use. It is prohibited to reproduce or disclose the information provided.
11.3 It is prohibited to create or offer a similar course based on Milo’s materials, alone or in collaboration with others, unless Milo has provided prior written consent.
11.4 The Client acknowledges these rights and will refrain from any form of direct or indirect infringement of intellectual property rights. Any violation will result in an immediate fine of €5,000, plus an additional €500 per day the violation continues, without prejudice to Milo’s right to seek performance, damages, or profit disgorgement.
11.5 The Client is obligated to immediately report any third-party infringements of Milo’s intellectual property rights to Milo. The Client shall not act against any such infringement without Milo’s prior written consent.
11.6 The Client is required to cooperate with any measures Milo takes against third parties infringing on Milo’s or its licensors’ intellectual property rights.
Article 12: Liability of Milo and Indemnification
12.1 If the Client demonstrates that they have suffered damage due to an attributable failure by Milo in fulfilling the Agreement, Milo’s liability for direct damages is limited to the amount paid out by a liability insurance policy. If the insurance does not provide coverage or does not pay out, liability is limited to the invoiced amount. Milo has a duty of effort in the Agreement, not a duty of result, and cannot be held liable for disappointing results or unmet objectives.
12.2 Liability for indirect damages, including consequential damages, lost profits, missed savings, diminished goodwill, business interruption damages, and damages resulting from claims by the Client’s clients, is expressly excluded.
12.3 The Client indemnifies Milo against all third-party claims related to Milo’s services.
12.4 Milo has the right, where possible, to mitigate or rectify the Client’s damages by improving or adjusting its services.
12.5 A claim for damages must be submitted to Milo within 30 days of the Client discovering, or reasonably being able to discover, the damage. Failure to file a claim within this time frame voids the right to damages. The statute of limitations for such claims is one year, deviating from the legal limitation period.
12.6 The limitations outlined in this article do not apply in cases of intent or gross negligence by Milo or its executives, or when mandatory legal provisions for consumers provide otherwise.
Article 13: Force Majeure
13.1 If performance of the Agreement becomes impossible due to a cause beyond Milo’s control, or if fulfilling its obligations is unreasonably difficult for Milo, including but not limited to illness, pandemics, government measures, computer network failures, supplier defaults, or other disruptions in its business, Milo is entitled to suspend the Agreement.
13.2 In these general terms and conditions, force majeure includes circumstances beyond Milo’s control, unforeseeable or unavoidable, that prevent it from fulfilling its obligations.
13.3 In case of force majeure, Milo will make reasonable efforts to provide an alternative solution.
13.4 If the force majeure situation partially or fully hinders performance after two months or becomes permanent, both parties may terminate the Agreement in writing without judicial intervention, with no right to damages.
13.5 If Milo has already fulfilled part of its obligations at the time of the force majeure, it may invoice the completed portion as if it were a separate agreement.
Article 14: Retention of Title and Risk
14.1 Delivered products remain Milo’s property until the Client has fully paid all amounts owed to Milo under the Agreement.
14.2 The Client is required to insure the delivered products against fire and theft and to pay insurance premiums on time. Milo may request proof of insurance. The products are at the Client’s risk from the moment of actual delivery.
Article 15: Confidentiality
15.1 Milo will process the Client’s personal data in a careful and lawful manner in compliance with the Dutch Data Protection Act. Milo commits to not disclosing personal data unless required by law or other regulations.
15.2 Any personal data of the Client will only be used to execute the Agreement.
For more details on how we handle personal data, please refer to our privacy policy.
Article 16: Applicable Law
These general terms and conditions, and all legal relationships between the Parties, are governed exclusively by Dutch law. (If applicable) The United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention, 11 April 1980, Trb 1981, 184 and 1986, 61) does not apply to this Agreement.
Article 17: Dispute Resolution
17.1 All disputes arising between the Parties concerning the Agreement will be exclusively submitted to the competent court in The Hague, unless mandatory jurisdiction rules provide otherwise.
17.2 A dispute is deemed to exist once one of the Parties declares it.
