General Terms and Conditions
Webshop www.buffiduberman.com/shop
- Identity and acceptance of our Terms
Welcome to the website of our Webshop www.buffiduberman.com/shop, hereafter referred to as the “Webshop”, owned, controlled and published by Buffi Duberman aka Creative Communication Consultants based in (5222 AE) Den Bosch at Veemarktkade 8, the Netherlands, email address: info@buffiduberman.com, Chamber of Commerce number: 17135952, VAT identification number: 2068.68.510.B.02.
Throughout these Terms, “us” “our”, “we” and “Creative Communications” refers to Creative Communication Consultants, and “you” or “your” refers to you.
By visiting the website of our Webshop, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to and made available on our Webshop, you agree to be bound by the following Terms and Conditions of Service (“Terms”). The Terms define a contractual relationship between Creative Communications and the natural and legal persons who are using Creative Communication’s services as offered on (the website of) the Webshop. These Terms are an addition to, part of, and governed by any relevant supplemental terms, including but not limited to our Privacy Policy, that apply to your interaction with any other service offered by Creative Communications. Use of and access to our Subscription Service requires your acceptance of and is governed by the Subscription Terms.
If you do not want to be bound by our Terms your only option is not to visit, view or otherwise use the services of our Webshop. You understand, agree and acknowledge that these Terms constitute a legally binding agreement between you and our company and that your use of the Webshop shall indicate your conclusive acceptance of the Terms. Provisions deviating from these Terms shall only apply when they have been confirmed in writing by Creative Communications.
Your use of the website of the Webshop includes the ability to enter into agreements and/or to make transactions electronically (distance contract). You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Our Terms shall apply to all offers made by Creative Communications to you as well any distance contract with regard to the purchase of the services and/or products of Creative Communications concluded between you and Creative Communications via the Webshop unless indicated otherwise.
- Privacy
From time to time, you will be asked to submit personal information about yourself (e.g. name and email address etc) in order to receive or use services on the website of our Webshop. By entering your details in the fields requested, you enable Creative Communications to provide you with the services you select. All personal information that you provide to us in connection with your use of the Webshop is collected, stored, used, disclosed and otherwise processed by us in accordance with our Privacy Policy. We may use cookies to better understand how the Webshop is used to improve it. Our use of cookies, and how to disable them, is set out in the Cookie Policy section in our Privacy Policy. If you are under 18, please get your parent/guardian’s permission before you provide personal information to our Webshop. Users without this consent are not allowed to provide us with personal information.
- Provision of Services
All efforts of Creative Communications have been made to verify that all the information provided in the offered lessons is as accurate as possible. This information and other data exclusively serve the purpose of information, and you cannot rely on their up-to-dateness, correctness, accuracy or completeness.
Your right for using the website of our Webshop and its functions exists only in the context of the current state of the art. Creative Communications may temporarily restrict its services when this appears necessary for limited capacities, server security and integrity and for any technical measures or maintenance activities in consideration of your justifiable interests. Regarding the use of certain contents and/or services offered on or via the Webshop, including but not limited to our Subscription Service, additional provisions or terms will be applicable to your access or use of such content and/or services that will be notified to you within the offer in question.
- Services and products of the Webshop
A. Services
The services offered on our Webshop are listed on our website and include but are not limited to various online lesson programs.
You can purchase the lesson program including a lesson book, if available for that program, which book will be sent to you by ordinary mail or you can purchase the lesson program without the lesson book. If you purchase the lesson program without the lesson book you may pay less. The prices for the lesson program will be displayed on the website of our Webshop and include the price per the lesson program plus any applicable VAT, but will not include the costs of delivery of the lesson book to you if you purchased the complete lesson program.
You can purchase my ‘Blending Learning’ program, that includes an online course plus private coaching online lessons (“Fastermind”) on the Webshop. For these online lessons the same conditions as quoted herein shall apply. Any cancellation of a coaching session must be made at least 48 hours in advance and any cancellations less then 48 hours will be fully charged. All content and discussions in a coaching session is confidential and no part, sound or image of such coaching session may be recorded, filmed, used, copied or transmitted without our or your prior written approval.
Via the Webshop and/or Website, we may offer you from time to time access to other content or material, including but not limited to tutorials, podcasts, (live)streamed sessions, webinars and Q&As. You agree to use and access such content for your personal non-commercial use and not to share, distribute or otherwise make available such content to others without our prior written consent. Other translation-, coaching- or editing services are available for you at your request and depending on availability of our services for which a separate agreement shall be made up between us, specifying which services shall be included against what price.
Your payment of the price will be done through the different types of direct online payment opportunities as offered on the website of the Webshop, like – but not limited to – PayPal, Master Card, Visa, iDEAL, Maestro.
If you want to purchase any products or services from the Webshop you have to enter into a distance contract (concluded electronically through the website) with Creative Communications. The agreement will be final after your acceptance of the Terms (via opt in) and the completeness of your payment due within the final payment term as stated on the invoice.
Creative Communications will automatically send you a confirmation by email regarding the content of the concluded agreement which allows you to follow the lesson program. This confirmation email shall inform you further about the identity of Creative Communications, the (email) address whereto you can send your complains, the essential aspect of the purchased service, the price of it, including taxes, the method of payment and finally the way how you can exercise your right to withdraw from your contract with Creative Communications.
You do not have the right to withdraw from the contract once delivery of the lesson program has started at which point your transaction is final. The lesson program commences immediately after such lesson will be made available on our website. Therefore, you will not have a right to cancel your contract once the lesson program commences.
B. Products
Once you purchased and downloaded an electronic/digital product from our Webshop – such as: an ebook or online Discussion Cards – you do not have a right to terminate or ask for a refund once these products are (electronically) delivered to your computer (because of the nature of such download).
For physical products such as books, Discussion Card or other products you have purchased from our Webshop you can return these but such product must arrive in the same condition in which you have received it, which means unopened packaging, unused, intact and exactly as the package you have received it from us by regular mail. If you exercise this right, then you must return the product to Creative Communications immediately after your receipt of this book. The costs for returning the book will be for your account. As soon as possible after you have exercised your right to withdraw – at least within 30 days – Creative Communications will pay back to you the price you have paid to Creative Communications. At the fulfillment of above mentioned procedure the agreement between you and Creative Communications will be terminated and Creative Communications will not be responsible and/or liable for damage or claims from you.
- Proprietary Rights
The contents of the website and our Webshop, including but not limited to the services and/or the online lesson program(s) and any books, e-books or other content and materials made available, are protected by copyright. Copying, changing, making available to the public, distributing or storing of information or data, and notably of texts, parts of texts, logos, or picture material or whatever copyright protected material, requires Creative Communications’ prior written consent. All intellectual and industrial property rights, including but not limited to domain names, tradenames, trademarks, brands, logos and designs – possibly protected by third parties – are unrestrictedly subject to the provisions of the registered owner’s labeling and property rights in force at any given time. It cannot be concluded that objects such as brands or trademarks mentioned are not protected by third parties’ rights. The copyrights and all other intellectual property rights in conjunction with the services/lessons developed and published by Creative Communications remain solely with Creative Communications. Copying, making available to the public or using otherwise such services/lessons, including but not limited to texture, pictures, sound recordings, video sequences, in other electronic or printed publications is not allowed without Creative Communications’ prior and explicit written consent.
If you and Creative Communications have entered into an agreement which allows you to buy the online lessons, Creative Communications authorizes you to view aforesaid services/lessons only for personal use in connection with the lessons program with a maximum of ten times per lesson. And for the sake of clarity, Creative Communications’ content may not be sold, reproduced, or distributed without our prior written permission. Any further rights not specifically granted herein are reserved.
- Duration and termination of Agreement
These Terms apply to you during your access to and/or use of the Webshop, any services, lessons or content offered by us. Thereafter these Terms will continue to apply in perpetuity, unless amended or terminated by Creative Communications. All provisions intended to survive termination of these Terms shall continue to do so.
- Disclaimer of Warranties
You understand and agree that your use of the website, our Webshop and any services, lessons and content offered by us is entirely at your own risk and that the website, our Webshop and any services, lessons and content are provided “As Is” and “As Available”. Creative Communications does not make any express or implied warranties, endorsements or representations whatsoever as to the functionality, condition, correctness, quality, continuity of operation, performance, merchantability, fitness for a particular purpose or results of the website, our Webshop and any services, lessons and content offered by us. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the website, our Webshop and any services, lessons and content will be uninterrupted or error-free or that defects in the website, our Webshop and any services, lessons and content will be corrected.
- Limitation of Liability
You understand and agree that Creative Communications’ and any of its subsidiaries’ or affiliates’ and/or its representatives’ liability is restricted to damage caused intentionally and by gross negligence and they shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the website, our Webshop and any services, lessons and content, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not Creative Communications has been advised of or should have been aware of the possibility of such damages. Furthermore, Creative Communications and any of its subsidiaries or affiliates and/or its representatives does not accept any liability for direct or indirect damage caused by the use of information or data to be found on the website, in our Webshop or in any of the services, lessons and other content offered by us.
- External Content
The website or Webshop may include hyperlinks to third-party content, advertising, services or other websites (“Third Party Applications”). You acknowledge and agree that Creative Communications is not responsible for and does not endorse any advertising, products, services or content offered by Third Party Applications. Therefore Creative Communications does not accept any liability for contents or the proper or correct functioning, or legality of any Third Party Applications to which reference is made through hyperlinks on the Webshop’s website.
- Jurisdiction
The provisions of these Terms as well as any disputes connected with or ensuing from these Terms sshall be governed by the laws of the Netherlands. Any disputes ensuing from or connected with the provisions of these Terms shall be submitted to the exclusive jurisdiction of the competent court in Den Bosch, the Netherlands, or any relevant higher court.
- Entire Agreement
You understand and agree that the above Terms constitute the entire agreement between you and Creative Communications regarding the subject matter herein. You may be subject to additional terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.
Should individual provisions of these Terms be or become void or ineffective and/or conflict with legal provisions, then this will not affect the validity of any other conditions of use. The ineffective provisions shall be replaced by you and Creative Communications by provisions that best meet the economic purpose of the ineffective provisions in a legally effective way. This shall correspondingly apply to any missing provisions.
In case of multi-language agreements and/or Terms, the English version(s) of the documents concerned will at all times prevail.
- Changes to the Terms
We reserve the right, at our sole discretion, to change these Terms or change, suspend, discontinue or otherwise modify the Websho and/or Website and/or the offering on the Webshop. For every material change in the terms, we shall notify you upfront by displaying a message within the Webshop or by sending an email to your registered email address and you shall have the option to accept the new terms and conditions or discontinue your usage of the Webshop and/or Website. By continuing to use or access the Webshop and/or Website after we make any changes, you agree to be legally bound by the revised Terms. You are not required to continue to use the Webshop after such notice, but if you do not terminate your use in the manner and within the period specified in the notice and you continue to access or use the Webshop after the end of said period, you are deemed to have accepted the new Terms.
Buffi Duberman
Version 4: June 1, 2024
