General Terms and Conditions of Vlerick Business School
In these General Terms and Conditions, the following is understood under the terms listed below:
- ‘Vlerick’: Vlerick Business School, a public utility foundation with registered headquarters at Reep 1, B-9000 Ghent (Belgium) and the company registration number 0424.244.049 (Trade Registry in Gent).
- 'User': Every natural person (B2C) or legal entity (B2B) that enters or has entered into a contractual relationship with Vlerick via its online platform.
- 'Programmes': The subject of one or more (electronic) contracts, either by means of a simple registration or through a login and registration procedure.
- ‘Products’: Products from the Vlerick web shop.
1. What do we understand under conditions?
Besides these General Terms and Conditions, specific conditions may be applicable to certain services, projects and/or Programmes, if these have been expressly stated. This means that also, including but not limited to, the 'General Terms and Conditions for Full-time MBA, Executive MBA, Masters in Financial Management, Masters in General Management and Masters in Marketing Management’ are at any time of application. If any differences should exist between these specific conditions and the General Terms and Conditions, then, as a matter of principle, the provisions of the specific conditions take precedence over the General Terms and Conditions, unless specified otherwise. A deviation from one or more of the provisions in these General Terms and Conditions is only possible if an express and written agreement has been made. Other provisions of these General Terms and Conditions shall remain in full force and effect. General Terms and Conditions or purchasing conditions used by the User are not applicable. Vlerick maintains the right to modify and/or supplement the General Terms and Conditions at any time for future registrations and orders. Through the use of the website, another electronic portal of Vlerick, by placing an order or registering by the User for Programmes, admission tests, conferences or related services, the User accepts these General Terms and Conditions, including all the rights and obligations that are documented on the Vlerick website. Vlerick has the right to involve third parties, if this is required for a correct implementation of a contract with the User. Vlerick can be reached via ‘vlerick.com, vlerick.com and vlerick.com’.
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2. How is a contract concluded?
Vlerick takes the greatest care regarding the publication of information about its activities online (such as giving and organizing Programmes, admission tests, events, workshops and seminars), including the descriptions that are based on data provided by its educational partners (such as for example visiting professors and speakers) and judicial, technical or organizational suppliers, and this within the range of our technical resources and according to the best standards of the educational market. Certain characteristics of the activities that are documented by Vlerick on its website can vary from the actual fulfillment. In those cases where the offer was not made via the Vlerick website, a contract is concluded at the moment that a written confirmation (e-mail) is sent to the User or, in those cases where the offer was made via the Vlerick website, an e-mail is sent to the e-mail address given by the User.
Programmes given by Vlerick can have a short or long duration. More information on the Programmes can be found under Item 9 ('What Programmes exist?').
A personal offer has a validity of two weeks, unless a different period is documented in the offer. Vlerick and the User expressly agree that a valid contract is concluded through the use of electronic means of communication. In particular, the lack of a normal, digital or electronically qualified signature does not affect the binding force of the offer and the acceptance thereof. In such a case, the electronic files of Vlerick are viewed as a presumption of fact, to the extent that this is permitted by law. Information, pictures, oral notifications, lists etc. with regard to all Programmes, events, workshops or conferences, and the most important aspects of these Programmes (and related services), which are communicated telephonically or by e-mail, or are provided or displayed, will be as precise as possible.
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3. How are prices documented?
All prices are given in euro (if applicable in other international currencies, such as GBP or USD) and include VAT and other applicable taxes. In case the User is a legal entity, prices can be indicated exclusive of VAT and other taxes. Special offers are only valid up to the date that has been determined by Vlerick. In accordance with Article 2 of these General Terms and Conditions, the User owes the price that Vlerick has indicated in its confirmation. Apparent or clearly evident errors in the price offer, such as evidently false values, can also be corrected by Vlerick after the contract has been concluded. Costs of delivery (in the case of Products) will be clearly reported to the User. Detailed conditions apply to certain payment methods, including the method of delivery and any other costs. Such information will be clearly communicated to the User.
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The subscription fees, any other costs and sales prices indicated on the website include all taxes (unless the User acts as a legal entity, B2B) but do not include the costs of delivery (in the case of Products). Possible delivery costs for Products are for the account of the User, and these will be documented when checking out one's digital shopping cart. Vlerick maintains the right to change the registration fees, any other costs and sales prices at any time. However, Vlerick commits itself to apply the registration fees, any other costs and sales prices which were indicated on the website at the time that you subscribed or placed an order. If expressly indicated, online registrations or orders can be paid with standard international credit cards or other electronic payment methods, which are valid at the time. Security measures (SSL encryption) will be used so that your online payment can be processed securely. If a payment cannot be processed immediately, for instance because you have opted to use a financial payment method that is incapable of processing immediate payment, Vlerick determines a due date of 30 days after invoice date. Invoices will only be provided to legal entities (B2B) on request. Consumers are expressly excluded from this and will therefore not be able to request an invoice. If the customer does not pay the invoiced amount within the defined period, then legal interest rates will be applied and will be payable, without prior notice. If Vlerick has not received a payment after three reminders, the invoice will be transferred to a lawyer who will proceed to handle the matter. Complaints must be submitted within a period of one week after the invoice date. The submission of a complaint in no way leads to a suspension of payments. Any out-of-court costs/legal expenses as a consequence of a breach by the User of his/her (payment) obligations are to be borne by the User.
If the User has opted to pay by credit card (personal or via Ogone), then the conditions of the corresponding credit card issuer are applicable to such payments. Vlerick is not a party in the relationship between the User and the issuer of the credit card.
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Vlerick offers Programmes of short and long duration, as well as workshops, seminars, conferences, company projects, admission tests etc. It is self-evident that in this case no 'delivery' will be made. A registration for a Programme or other educational services is dependent on a later (manual or automated) confirmation, and these are expressly excluded from the applicable e-commerce legislation. Vlerick also provides the possibility of buying Products. Such Products can either be picked up or physically delivered.
In the event of a physical delivery, such Products will be delivered as quickly as possible. Vlerick will take all possible measures for respecting the delivery times indicated at the time of purchase. Vlerick, however, does not take any responsibility for late deliveries, for Products that are lost by third parties, or for any unforeseen circumstances or force majeure. If an order is not delivered within the indicated time, then an investigation will be started with the transporter, which can take several days. During this period, it is not possible to proceed with a repayment or a new dispatch. In case of an order, the normal delivery time which amounts to a maximum of 30 days after the order is to be taken into account. This maximum delivery period is only applicable for sales to consumers (B2C). In the event of a sale to a legal entity, possibly longer delivery times must be taken into account. A single exceedance of a (delivery) deadline does not mean that Vlerick is at fault. The User is to check the Product on arrival. If the Product does not conform to his/her order, the User has a period of seven (7) working days to inform Vlerick about a possible non-conformity. All reports must be made by e-mail to email@example.com.
Unless stipulated otherwise, the latest delivery date is thirty (30) days after the receipt of the order, except in cases where the payment has been made by bank transfer, in which case the latest delivery date is 30 days after receipt of the payment. The above mentioned delivery time, as far as is permitted by the Belgian Market Practices Act (WMP), only serves as an indication, which means that no entitlements can be derived therefrom. Deliveries will be made to the address that is indicated by the User during the conclusion of the contract. As soon as the Products, which are to be delivered, have been delivered at the indicated address, the risk is transferred to the User.
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For the purpose of ensuring the safety of online transactions, Vlerick works together with certified payment partners and credit card issuers, such as Ogone (OGONE BVBA, registered at the address Woluwedal 102, B-1200 Brussels, Belgium). If the possibility exists for an online payment, then this can be carried out by using the following (credit) cards: Visa, MasterCard, American Express and Maestro, as well as other cards that are unambiguously documented on the Vlerick website. Online payments are carried out via a closed security system, with which the bank data of the User is always encrypted for transmission via the Internet (SSL). Loss or theft of the identity, or loss or theft of the credit card information, is limited to a minimum thereby. Vlerick will store the identity and transaction information in a secured and encrypted database environment, during a period of one (1) year. Vlerick considers to have taken all relevant precautions and therefore acts as a normal, farsighted and careful online intermediary. Possible identity theft or financial theft can therefore not be invoked against Vlerick.
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The User is always obliged to closely examine the properties and details of the Products immediately after their (physical) receipt.
Complaints by the User must be reported in writing to Vlerick within seven (7) days after (physical) delivery. Costs for the return of any of the goods are borne by the User.
The User does not have the right to return Products for which no justified complaint exists. If the previous provision is not observed, and if an unjustifiable return of goods is made, then all costs that are associated with a return to the sender are borne by the User. Registrations for Programmes or other educational services do not fall under applicable e-commerce legislation.
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The Belgian Marketing Practices Act (WMPC) provides that the User can return the Product or service within a period of 14 calendar days, and this without any consequences in terms of fines or the necessity of justification. This is referred to as the right of refusal or right of withdrawal. As a consequence of Article 47, § 4, 2° WMPC, Products for which delivery has started with the agreement of the consumer before the end of the withdrawal period (this includes all on-demand services, such as in the case of an order of Products) fall outside of the applicability of this right. 'Goods with a clearly personal character' also fall outside of the provisions of this right. Our Products are viewed as having a clearly personal character.
Applications or registrations for Programmes, both for short or long duration, or other educational services do not fall under the applicable e-commerce legislation. They therefore fall outside of the scope of the Belgian Market Practices Act. The right of withdrawal is therefore not applicable. An application or registration, regardless of a possible admissions procedure, is therefore always final and irrevocable.
In the exceptional case where a right of withdrawal could be exercised (the Product has no personalized character, it cannot be ordered on-demand, it is not customized, it does not include any audiovisual characteristics), the Product must be returned via the post office or another transporter. Sending back an order is for the account and at the risk of the User, except in cases of nonconformity of the Product. The Product must be sent back to Vlerick by the User within the allotted time period and a return document must be requested via firstname.lastname@example.org. Every Product that is sent back must be identified with an RMA (return merchandise authorization) number; if no RMA number is provided, the goods will be returned to the User.
If the right of refusal is applicable and has been legally used in a correct way, then Vlerick will ensure a repayment within seven (7) working days of the sum paid by the User to Vlerick, and by means of an international and generally accepted payment method selected by Vlerick.
No restitution is possible, whenever an unjustified use has been made of the right of refusal. In that case the goods are returned to the User under indication of the reasons for the return, which will be made for the account and risk of the User.
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Vlerick organizes different types of Programmes. The User is free to read and collect the information provided on our online portal, and to compare this with the various management programmes. The User is free to order brochures or other information via the contact form.
Vlerick offers Programmes of a long and a short duration. Programmes with a long duration require a selection. In this case, the candidate must submit to an admission test or screening. The Programmes with a short duration do not require a selection, so that a simple registration by the User on the online portal leads to an irrevocable agreement. Vlerick maintains the right to refuse participants. The User must still register via the online portal, even after the selection procedure for Programmes of long duration has been completed and approved. As a consequence, and in both cases, a (an electronic) contract is concluded.
These educational services (Programmes) are expressly excluded from an applicability of e-commerce legislation. After all, Programmes are highly dependent on the content, the curriculum and the availability of vacancies. This is the reason why a manual or automated confirmation e-mail is always sent after each subscription or application.
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10. What is MyVlerick?
MyVlerick is an online User’s portal, which is available via the Vlerick website. MyVlerick offers the User the possibility of managing his/her profile, personal information and preferences. MyVlerick can only be used after the User has registered him/herself, whereby personal information such as name, first name, e-mail address, terms of address and language preference will be requested. This information is necessary for guaranteeing the good operation of the portal, and it is collected in conformity with the Privacy Act. To enable a processing of this personal information, the User must consult and agree with the Privacy Statement, which is available on the 'Legal notice' section of the Vlerick website.
MyVlerick is a private component of the website. This means that the User can only gain access after registration. On registration, the User expressly accepts these General Terms and Conditions, the Privacy Statement, the Cookie Statement, the Disclaimer and any eventual related legal documents.
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In the event of force majeure, Vlerick will not be held to a fulfillment of the obligations it has assumed with regard to another party. Vlerick has the right to suspend the fulfillment of its obligations for the duration of such force majeure.
Under force majeure is understood every circumstance that is independent of Vlerick’s will, through which the fulfillment of its obligations with regard to the other party is prevented partially or entirely.
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12. Intellectual property rights
All intellectual property rights and derivative rights remain the property of Vlerick. The following is understood under these intellectual property rights: authors’ rights, brand-name rights (including but not limited to the Benelux deposition 908522 “V VLERICK”, the Benelux deposition 1251093 “V VLERICK ENJOY CHANGE” and the Benelux deposition 818056 “VLERICK”, rights to drawings and models and/or other (intellectual property) rights, including patentable or non-patentable technical and/or commercial know-how, methods and concepts. The User is prohibited from making any use of and/or making changes to the intellectual property as described in this article, unless it only concerns private use of the Product itself.
URLs are included on the website or other electronic communications portals, which are not under the actual control of Vlerick; these can be visited by the User entirely under his/her own responsibility.
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13. Processing of personal information
The information provided by the User is necessary for the processing and completing of the form for Programmes, as well as for contacts, registrations and applications, as well as registrations on MyVlerick and the preparation of invoices and contracts. A lack of this information will inevitably lead to problems in the consultation of relevant webpages, or in the further progress of the Programme.
The entry of incorrect or false personal information is viewed as a violation of the current General Terms and Conditions. The personal information of the User will be exclusively processed in conformity with the Privacy Statement that is in effect, which can be consulted via the Vlerick website ('Legal notice').
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14. Applicable law and competent court
All offers and contracts are exclusively subject to Belgian law. The applicability of the Vienna Convention on Contracts for the International Sale of Goods is expressly excluded. All disputes that are connected to or are a consequence of offers by Vlerick or of any contracts that have been concluded with it, will be submitted to the competent District Court, unless mandatory statutory provisions expressly indicate a different court as being competent.
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