Terms and Conditions

General Terms and Conditions - Graham Hulsebos Verkooptrainingen

At Graham Hulsebos Verkooptrainingen, we attach great importance to transparency and clarity in our services. That is why we have drawn up clear and understandable general terms and conditions, which set out our agreements and obligations.

Our general terms and conditions apply to all our services and products and ensure that both we and our clients know what to expect from each other. This means you will never face any surprises and you will know exactly where you stand.

We consider it important that our clients are satisfied, and we do everything we can to align our services as closely as possible with their wishes and needs. Our general terms and conditions are an important tool for making clear agreements and preventing possible conflicts.

Read our general terms and conditions below. Do you have any questions about them? Please feel free to contact us. We are always ready to answer your questions and help you further.

Article 1: Applicability, definitions

1. These General Terms and Conditions apply to every offer and every agreement concerning training courses, and to every offer and every agreement of purchase and sale and of services, whether or not concluded through the website www.grahamhulsebos.nl of G.A. Hulsebos, trading among others as Graham Hulsebos Verkooptrainingen, established in Almere, hereinafter referred to as "GHV". These general terms and conditions also apply to all agreements with the other party for the performance of which GHV needs to involve third parties.

2. The parties relevant to these general terms and conditions are referred to as follows:

a. other party: the buyer, or the person who concludes an agreement with GHV to follow a training course for himself, or the entrepreneur who does so for his employees or other persons;

b. consumer: the other party, being a natural person who is not acting in the course of a profession or business;

c. entrepreneur: the other party, being a legal entity or a natural person acting in the course of a profession or business;

d. participant: the natural person who takes part in a training course;

e. trainer: the employee of GHV or the third party engaged by GHV who provides (part of) the agreed training course.

f. training agreement: the contract for services consisting of training a natural person in a field of training chosen by him, in return for payment of a fee to GHV.

3. In these general terms and conditions, "documents" means: all documents to be produced or provided by GHV or to be provided or provided by the other party, such as diplomas, certificates and the like. These documents may be recorded in writing or on other information carriers, such as digital files and the like.

4. In these general terms and conditions, "training course" means: a training, course, workshop and the like from the range offered by GHV, to be provided by GHV. This may be either an individual training course or a group training course.

5. In these general terms and conditions, "fee" means: the fee agreed or payable for the training course, purchase or other services.

6. In these general terms and conditions, "in writing" means: by letter, by email or by any other means of communication that, in view of the state of the art and generally accepted views, can be regarded as equivalent.

7. In these general terms and conditions, "the website" means: the website of GHV referred to in paragraph 1 of this article.

8. In these general terms and conditions, "goods" means: training materials, manuals, reference works, Quick Reference Cards and the like to be supplied by GHV, whether or not through the website.

9. If one or more provisions of these general terms and conditions are wholly or partly void or are annulled, the other provisions remain fully applicable. GHV will then consult with the other party in order to agree on new provisions to replace them, preserving the purpose of the original provisions as far as possible.

10. In the event of any discrepancy or conflict between these general terms and conditions and a translated version, the Dutch text prevails.

11. These general terms and conditions also apply to additional or follow-up training courses and to subsequent or partial orders arising from the agreement.

12. If GHV does not always require strict compliance with these terms and conditions, this does not mean that GHV loses to any extent the right to require strict compliance with the provisions of these general terms and conditions in other cases.

13. If GHV has provided these general terms and conditions to the other party more than once in a manner prescribed by law, there is an ongoing business relationship. GHV then need not provide the general terms and conditions again each time for them to apply to subsequent agreements, except insofar as the general terms and conditions have been amended.

Article 2: Offers, prices and rates

1. Every offer and every quotation from GHV is valid for the period stated in it. An offer or quotation that states no period of validity is without obligation. In the case of an offer or quotation without obligation, GHV has the right to revoke this offer or quotation no later than 2 working days after receipt of the acceptance.

2. Unless expressly stated otherwise, the prices or rates stated in the offer, the quotation, on the website, in price lists or rate lists and the like exclude:

a. VAT;

b. shipping costs;

c. travel, accommodation and parking costs;

d. administration costs;

e. the costs of books, syllabi and other training materials;

f. (the costs of) the use of lunch, coffee, tea and the like;

g. (the costs of) the use of any facilities required for the training course, such as hardware, software and the like;

h. any examination fees.

For the consumer, the stated prices and rates include VAT.

3. A composite offer or quotation does not oblige GHV to deliver part of the offered performance at a corresponding part of the price or rate.

4. The offer, the quotation, prices and/or rates do not automatically apply to new or subsequent orders or to follow-up or new training courses.

5. Examples of training materials or other goods shown, and descriptions in brochures, promotional material and/or on the website of GHV, are as accurate as possible but are for guidance only. The other party cannot derive any rights from them.

6. a. If, between the date of conclusion of the agreement and its performance, circumstances arise for GHV that increase (cost) prices or rates as a result of changes in laws and regulations, currency fluctuations, price or rate changes at trainers engaged by GHV, changes in the prices of the required training materials and the like, GHV is entitled to increase the agreed prices or rates accordingly and to charge them to the other party.

b. In the event of price or rate increases within 3 months after the agreement was concluded, the consumer is entitled to dissolve the agreement by means of a written statement. If the consumer has not informed GHV within 14 days after notification of the price or rate change that he wishes to exercise his right of dissolution, GHV may assume that the consumer has agreed to the price or rate change.

Article 3: Conclusion of agreements

1. The training agreement is concluded after GHV has confirmed in writing an application for a training course received from the other party.

2. If the other party places an order through the website, GHV is bound by this order only after confirming it in writing to the other party. This applies unless stated otherwise on the website.

3. GHV is bound by oral agreements, or by additions to or changes in the general terms and conditions or the agreement, only after written confirmation to the other party.

4. From the moment the agreement is concluded, GHV will conduct itself as a good contractor and as a reasonably acting and reasonably competent professional, and will act accordingly. In this context GHV guarantees that, where goods are delivered, these goods conform to the agreement.

Article 4: Application for a training course

1. Application for a training course offered must be made using the application method indicated for the relevant training course. For the application of minors, express written permission from (one of) the parents or the guardian with authority over the minor is required.

2. GHV reserves the right to reject an application if the number of applications for a training course gives reason to do so or if the participant does not meet any admission requirements set.

3. If the desired training course is fully booked, GHV will inform the other party of this in writing and, if possible, offer an alternative training course.

4. If an application has been accepted by GHV and it subsequently appears that the information and/or documents provided with the application are incorrect and/or incomplete, GHV will notify the other party and grant a period of 48 hours to provide the correct and complete information and/or documents. If the other party fails to meet this obligation after that period has expired, he is immediately in default. GHV then has the right to dissolve the agreement with regard to the other party or the relevant participant with immediate effect and without judicial intervention, by means of a written statement to the other party. The other party must compensate GHV for the resulting damage and indemnifies GHV against any third-party claims arising from it.

5. Unless the parties have expressly agreed otherwise in writing, replacement of a participant already registered is possible only with the written consent of GHV. In that case the other party must provide GHV with all relevant information concerning this replacement before participation in the training course. A replacement must also meet any admission requirements set for the training course.

Article 5: Distance contract, right of withdrawal, reflection period

1. This article applies exclusively to the consumer who is a party to a distance contract within the meaning of Article 6:230g et seq. of the Dutch Civil Code.

2. When entering into a distance training agreement, the consumer has a reflection period of 14 calendar days starting on the day the agreement is concluded. Within this period the consumer may dissolve the agreement free of charge without having to give a reason. Dissolution takes place by written notice to GHV, using the enclosed model statement.

3. An agreement to follow an online training course that starts immediately upon application cannot be revoked. The consumer expressly agrees to the performance of the agreement in a situation referred to in the previous sentence. In this context the consumer waives his right of dissolution. The same applies to agreements under which the consumer obtains, immediately after payment, (digital) course material that can be used within 14 days after the agreement is concluded to obtain a diploma belonging to the training course.

4. In the case of a distance purchase, the consumer has a reflection period of 14 calendar days after receipt of the goods by him or by a third party designated by him, other than the carrier. In the case of a partial delivery, this period starts at the moment the last part of the goods has been received. Within this period the consumer may dissolve the agreement without having to give a reason. Dissolution takes place by written notice to GHV, using the enclosed model statement.

5. Dissolution of the agreement pursuant to the previous paragraph of this article is not possible for goods produced in accordance with specifications given by the other party to GHV.

6. In the event of dissolution, the goods must be returned to GHV in their original packaging, unused and at the expense of the consumer. It is expressly agreed that the direct costs of return are borne by the consumer.

7. GHV will repay in full to the consumer all payments already received from the consumer, including any delivery costs charged to the consumer, as soon as possible, but no later than 14 calendar days after receipt of the statement of dissolution.

8. GHV has the right to refuse returned goods or to repay only part of the payments received if the consumer has handled the goods beyond what was necessary to establish their nature, characteristics and functioning.

9. For further information about the right of withdrawal, GHV refers to Annex I to these general terms and conditions and to Annex II, which contains a model letter of withdrawal.

Article 6: Engagement of third parties

If GHV considers this necessary for the proper performance of the agreement, it may have certain deliveries and (parts of) the training course carried out or provided by third parties.

Article 7: Obligations of the other party

1. The other party must ensure that he makes all information and documents required for the performance of the agreement available to GHV in good time and in the manner desired by GHV.

2. The other party ensures that the information and documents provided by him are correct, complete and authentic, and indemnifies GHV against third-party claims arising from the information and/or documents being incorrect and/or incomplete.

3. When taking part in a training course, the other party must comply with the house rules, instructions and the like used by GHV for the training course, or ensure that the participants registered on his behalf comply with them.

4. Without prejudice to the previous paragraph of this article, the other party must always behave in such a way that the other participants are not hindered by this, or must ensure that the participants registered on his behalf behave accordingly.

5. The other party must treat and use any training materials or other property lent to him by GHV carefully and in accordance with the operating instructions, instructions, manuals and the like provided.

6. If the obligations referred to in this article are not met or not met in time, or if the other party has not paid an agreed advance payment or instalment in time, GHV is entitled to suspend the performance of the agreement until the other party has met his obligations and/or to exclude the other party or the participants, whether or not temporarily, from further participation in the training course. Exclusion will not take place on unreasonable grounds. The other party is liable for all damage GHV suffers as a result and indemnifies GHV against any third-party claims arising from it. GHV is not obliged to pay any compensation to the other party or to refund payments already made by the other party.

7. For an online training course, the other party ensures that the participant has a working internet connection, camera, microphone and access to the platform used. If a participant cannot take part, or cannot take part fully, due to a cause on his side, the full fee remains payable.

Article 8: Confidential information

1. The parties undertake to keep secret all information they have obtained from or about the other party in connection with the conclusion and performance of the agreement and which that party has indicated to be confidential, or which they know or can reasonably be expected to know must be treated confidentially. The parties will provide this information to third parties only insofar as this is necessary for the performance of the agreement.

2. Each party will take all reasonable precautions to keep the confidential information secret and guarantees that its employees and other persons involved in the performance of the agreement under its responsibility will also observe this duty of confidentiality.

3. The duty of confidentiality does not apply if a party is obliged by laws and/or regulations or a court decision to disclose the confidential information and cannot invoke a statutory right of non-disclosure or one permitted by a court. This exception also applies to the employees and other persons referred to in the previous paragraph.

4. GHV is at all times permitted to publish about the agreed work and deliveries and to reuse the methods, working practices and the like used or developed in them, provided that the privacy of the other party remains protected or GHV has obtained permission for this from the other party.

5. If GHV uses a privacy statement, the information referred to in it will be used exclusively in accordance with the provisions of that statement.

Article 9: Performance of the training course

1. GHV will deploy qualified trainers for the training course.

2. GHV will endeavour to have the training course take place on the planned dates and/or times, or on those communicated at the start of the training course. However, if the number of applications gives reason to do so, or if (part of) the training course cannot take place on the agreed dates and times as a result of unforeseen circumstances, GHV is entitled to change the planned dates and times.

3. GHV also reserves the right to make other organisational and/or substantive changes to the training programme or to replace the intended trainer if the circumstances reasonably give reason to do so, such as in the event of illness of the trainer.

4. The changes described in the previous paragraphs do not entitle the other party to compensation for damage and/or costs, unless GHV is forced to cancel part or all of the training course. In that case, any fee paid in advance by the other party will be refunded in proportion to the part of the training course that lapses.

5. GHV will inform the other party as soon as possible about the changes to the training course described above.

Article 10: Delivery, delivery periods

1. Agreed periods for the delivery of goods can never be regarded as strict deadlines. If GHV does not meet its delivery obligations under the agreement, or does not meet them in time, the other party must give GHV written notice of default, granting it a reasonable period to still meet its delivery obligations.

2. For agreements with consumers, goods ordered through the website will be delivered no later than 30 days after the order. If delivery within this period is impossible, GHV will inform the consumer as soon as possible. The consumer then has the option of reclaiming any advance payments from GHV within 1 week after this notification. If the consumer makes use of this option, GHV will repay the amount already paid by the consumer within 30 days after the consumer has requested this.

3. GHV is entitled to deliver in parts, and each partial delivery may be invoiced separately by GHV.

4. The risk relating to the delivered goods passes to the other party at the moment of delivery. In these general terms and conditions, the moment of delivery means: the moment the goods to be delivered leave the premises, warehouse or shop of GHV, or the moment GHV has informed the other party that these goods can be collected.

5. By way of derogation from the previous paragraph of this article, for consumers the moment of delivery means: the moment the goods are actually at the disposal of the consumer.

6. Shipment of the ordered goods takes place in a manner to be determined by GHV, but at the expense and risk of the other party. GHV is not liable for any damage of any kind, whether or not to the goods themselves, related to the shipment.

7. By way of derogation from the previous paragraph of this article, for consumers shipment of the ordered goods takes place at the risk of GHV but at the expense of the consumer. The costs involved are stated on the website.

8. If, due to a cause within the sphere of risk of the other party, it proves impossible to deliver the ordered goods to the other party (in the agreed manner), or the goods are not collected, GHV has the right to store the goods at the expense and risk of the other party. The other party must, within a period to be set by GHV after notice of storage, enable GHV to still deliver the goods or must collect the goods within this period.

9. If the other party fails to meet his obligation to take delivery after the period referred to in the previous paragraph, he is immediately in default. GHV then has the right to dissolve the agreement wholly or partly with immediate effect by means of a written statement and to sell the goods to third parties, without any obligation for GHV to pay compensation for damage, costs and interest. The foregoing does not affect the obligation of the other party to pay for any (storage) costs, delay damage, loss of profit or other damage, or the right of GHV to still claim performance.

10. An agreed delivery period starts only at the moment GHV has received all information necessary for delivery and any agreed (advance) payment from the other party. If this causes a delay, the delivery period is extended proportionally.

Article 11: Complaints

1. The other party must inspect delivered goods immediately after receipt and must report any visible damage, errors and the like to GHV immediately after discovery, and no later than within 5 working days after receipt, followed by written confirmation.

2. Complaints about (any part of) the training course must be reported by the other party to GHV in writing, if possible immediately during the training course and no later than within 3 months after completion of the training course, on pain of forfeiture of rights.

3. If a complaint has not been reported to GHV within the periods stated in the previous paragraphs, the goods are deemed to have been received in good condition and to conform to the agreement, or the training course is deemed to have been provided in accordance with the agreement.

4. Complaints do not suspend the payment obligation of the other party, except insofar as the other party is a consumer who expressly invokes suspension.

5. The other party must enable GHV to investigate the complaint and must provide GHV with all relevant information. If return shipment is necessary for the investigation of the complaint, this takes place at the expense of the other party, unless the complaint subsequently proves to be justified. The transport risk is always borne by the other party.

6. In all cases, return shipment takes place in a manner to be determined by GHV and in the original packaging.

7. No complaints are possible about goods whose nature and/or composition has changed after receipt by the other party, or which have been wholly or partly processed.

8. In the event of a justified complaint, GHV will, at its option, repair or replace the delivered goods or enable the other party to take part (again) free of charge in (part of) the training course or in another training course. If there is additional damage, the provisions of the liability article in these general terms and conditions apply.

9. By way of derogation from the previous paragraph, the consumer has the choice between repair or replacement of the goods or being able to still take part in the agreed training course, unless this cannot reasonably be required of GHV. Instead, the consumer may always dissolve the agreement by written statement or request a reduction of the agreed price.

Article 12: Guarantees

1. GHV ensures that the agreed deliveries and training courses are carried out properly and in accordance with the standards applicable in its sector, but never gives any further guarantee in respect of these deliveries and training courses than expressly agreed between the parties.

2. GHV does not guarantee that the training course connects with any previous training followed by the participant or any intended follow-up training, nor that the accreditation points customary in the sector of the other party will be awarded to the training course, unless it has expressly confirmed this in writing to the other party.

3. The training materials developed and/or compiled by GHV have been compiled carefully and to the best of its ability. However, GHV can never guarantee the accuracy and completeness of the training materials in view of any new editions, other publications, changed insights and the like that appear after the start of the training course.

4. No claim under the guarantee is possible as long as the other party has not yet paid the price agreed for the goods and/or the fee agreed for the training course.

5. The previous paragraph does not apply to the consumer.

Article 13: Liability

1. Apart from the quality requirements and/or results expressly agreed or guaranteed by GHV, GHV accepts no liability whatsoever.

2. Without prejudice to the previous paragraph of this article, GHV is liable only for direct damage. Any liability of GHV for consequential damage, such as business damage, loss of profit and/or losses suffered, delay damage and/or personal injury or bodily harm, is expressly excluded.

3. The other party or consumer must take all measures necessary to prevent or limit the damage.

4. If GHV is liable for damage suffered by the other party, GHV's obligation to pay compensation is at all times limited to a maximum of the amount paid out by its insurer in the case concerned. If GHV's insurer does not pay out or the damage is not covered by an insurance taken out by GHV, GHV's obligation to pay compensation is limited to a maximum of the invoice amount for the training course or the invoice amount for training materials supplied.

5. The other party must hold GHV liable for the damage suffered no later than within 3 months after he became aware or could have become aware of it.

6. By way of derogation from the previous paragraph, a period of 6 months applies to the consumer.

7. The other party cannot invoke guaranteed quality requirements and/or results, nor hold GHV liable on other grounds, if the damage has arisen:

a. from using the goods or training materials other than in accordance with the instructions, advice, operating instructions and the like provided by or on behalf of GHV;

b. from errors or omissions in the information provided to GHV by or on behalf of the other party;

c. from directions or instructions from or on behalf of the other party;

d. because the level of knowledge of the other party, or previous training followed by the other party, does not properly connect with (the level of) the training course.

8. In the cases listed in the previous paragraph, the other party is fully liable for all resulting damage and expressly indemnifies GHV against all third-party claims for compensation of this damage.

9. The limitations of liability in this article do not apply if the damage is due to intent and/or conscious recklessness on the part of GHV or management at board level, or if mandatory statutory provisions preclude them. Only in these cases will GHV indemnify the other party against any third-party claims against the other party.

Article 14: Payment between businesses (B2B)

1. GHV always has the right to require (partial) advance payment or any other security for payment from the other party.

2. Payment must be made within a strict period of 14 days after the invoice date, unless the parties have agreed another payment period in writing. The correctness of an invoice is established if the other party does not object to GHV within this payment period. The period of 14 days referred to in this paragraph is a strict deadline within the meaning of Article 6:83 of the Dutch Civil Code.

3. If an invoice has not been paid in full after the period referred to in the previous paragraph has expired, or if a direct debit could not take place, the other party is in default. The other party owes GHV default interest of 2% per month, calculated cumulatively on the principal sum. Parts of a month count as a full month.

4. If the other party is in default, GHV has the right to charge the other party extrajudicial collection costs of 15% of the invoice amount, with a minimum of € 150.00.

5. If the other party fails to pay in full, GHV has the right to dissolve the agreement by written statement without further notice of default, or to suspend its obligations under the agreement until the other party has paid after all or has provided adequate security. GHV also has this right of suspension if, even before the other party is in default of payment, it has well-founded reasons to doubt the creditworthiness of the other party.

6. Payments made by the other party are first deducted by GHV from all interest and costs due and then from the principal sum. In doing so, payments are applied to the oldest or longest-outstanding claim(s).

7. If the other party acts in the course of a profession or business (trader), the other party may not set off the claims of GHV against any counterclaims he has against GHV. In addition, the right of suspension of the other party is excluded for traders. Both provisions also apply if the other party applies for (provisional) suspension of payments or is declared bankrupt.

8. For all periodic payments and/or payment arrangements, in the event of early termination of the training course the other party continues to owe the remainder of the fee still due at that moment, and this remainder becomes immediately payable.

9. GHV sends the invoice as soon as the date of the training course has been fixed. The full fee must be paid within the period referred to in paragraph 2, even if the training course takes place later. If the invoice has not been paid in time, GHV may release the reserved date. The cancellation terms remain applicable in that case. If the other party cancels in time, GHV will refund the part that is not owed under Article 20.

Article 15: Payment by consumers (B2C)

1. GHV always has the right to require (partial) advance payment or any other security for payment from the consumer. The advance payment requested will amount to a maximum of 50% of the agreed price.

2. Payment must be made within a strict period of 14 days after the invoice date, unless the parties have agreed another payment period in writing. The correctness of an invoice is established if the consumer does not object within this payment period. The period of 14 days referred to in this paragraph is a strict deadline within the meaning of Article 6:83 of the Dutch Civil Code.

3. If an invoice has not been paid in full after the period referred to in the previous paragraph has expired, or if a direct debit could not take place, the consumer owes GHV default interest pursuant to Article 6:119 of the Dutch Civil Code.

4. If payment is not made, GHV has the right to charge the consumer extrajudicial collection costs. GHV will send the consumer a reminder giving a further period of at least 14 days, starting on the day of receipt of the reminder, to still pay without owing extrajudicial costs. The amount of the extrajudicial costs will be stated in that letter.

5. The extrajudicial collection costs referred to in the previous paragraph amount to:

a. 15% of the principal sum on the first € 2,500.00 of the claim (with a minimum of € 40.00);

b. 10% of the principal sum on the next € 2,500.00 of the claim;

c. 5% of the principal sum on the next € 5,000.00 of the claim;

d. 1% of the principal sum on the next € 190,000.00 of the claim;

e. 0.5% of the remainder of the principal sum.

All of this with an absolute maximum of € 6,775.00.

6. If the consumer fails to pay in full, GHV has the right to dissolve the agreement by written statement or to suspend its obligations under the agreement until the consumer has paid after all or has provided adequate security. GHV also has this right of suspension if, even before the consumer is in default of payment, it has well-founded reasons to doubt the creditworthiness of the consumer.

7. Payments made by the consumer are first deducted by GHV from all interest and costs due and then from the payable invoices that have been outstanding longest.

8. For all periodic payments and/or payment arrangements, in the event of early termination of the training course the consumer continues to owe the remainder of the fee still due at that moment, and this remainder becomes immediately payable.

Article 16: Retention of title

1. GHV retains title to all goods delivered and to be delivered under the agreement until the moment the other party has met all his payment obligations to GHV.

2. The payment obligations referred to in the previous paragraph consist of paying the purchase price of the goods, plus claims for work carried out in connection with the delivery and claims arising from an attributable failure by the other party to meet his obligations, such as claims for payment of damages, extrajudicial collection costs, interest and any penalties.

3. As long as goods delivered are subject to retention of title, the other party may not dispose of the goods in any way, pledge them, or bring them under the (actual) control of a financier by means of pledge lists, except with the written consent of GHV.

4. The other party must immediately inform GHV in writing if third parties claim to have title or other rights to the goods subject to retention of title.

5. As long as the goods are subject to retention of title, the other party must store them carefully and as identifiable property of GHV.

6. If the other party acts in breach of the provisions of this article or GHV invokes the retention of title, GHV and its employees have the irrevocable right to enter the premises of the other party and to take back the goods delivered under retention of title. This does not affect the right of GHV to compensation for damage, lost profit and interest, or the right to dissolve the agreement by written statement.

Article 17: Intellectual property rights

1. GHV is and remains the holder of all intellectual property rights that rest on, arise from, relate to and/or belong to the training course given and the training materials supplied by GHV under the agreement. This applies unless the parties have expressly agreed otherwise in writing.

2. The exercise of the rights referred to in the previous paragraph of this article is expressly and exclusively reserved to GHV, both during and after the performance of the agreement.

3. The other party is prohibited from providing the training materials to third parties, allowing third parties to inspect them or reproducing them without the prior written consent of GHV.

4. The other party guarantees that all information to be provided or provided by him to GHV, as well as any texts, works and the like provided by the other party to GHV in connection with the training course, do not infringe the copyright or any other intellectual property right of third parties. The other party is liable for any damage GHV suffers from such infringements and indemnifies GHV against claims by these third parties.

Article 18: Bankruptcy, lack of capacity to dispose and the like

1. GHV has the right to dissolve the agreement without further notice of default, by means of a written statement to the other party, at the moment at which the other party:

a. is declared bankrupt or a petition for his bankruptcy has been filed;

b. applies for (provisional) suspension of payments;

c. is subject to an executory attachment;

d. is placed under guardianship or administration;

e. otherwise loses the power of disposition or legal capacity in respect of his assets or parts of them.

2. The other party must always inform the receiver or administrator of (the content of) the agreement and these general terms and conditions.

Article 19: Force majeure

1. If there is force majeure on the part of the other party or GHV, GHV is entitled to dissolve the agreement without judicial intervention, by means of a written statement to the other party, or to suspend performance of its obligations towards the other party for a reasonable period, without being obliged to pay any compensation.

2. In the context of these general terms and conditions, force majeure on the part of GHV means: a non-attributable failure by GHV, by third parties or suppliers engaged by it, or other serious reasons on the part of GHV.

3. Circumstances in which force majeure will exist include: war, riot, mobilisation, domestic and foreign unrest, government measures, strikes within the organisation of GHV and/or of the other party or the threat of these and similar circumstances, disruption of the currency relationships existing when the agreement was concluded, business interruptions due to fire, burglary, sabotage, natural phenomena, failure of electricity, internet or telephone connections and the like, as well as illness or death of the intended trainer, where GHV is reasonably unable to arrange adequate replacement in time. What can reasonably be expected of GHV must be determined on the basis of the specific facts and circumstances (which training course, which trainer, how much time there is between knowledge of the force majeure situation and the start of the training course). If the force majeure situation occurs less than 48 hours before the start, there is no reasonable period for replacement.

4. If the force majeure situation arises when the agreement has already been partly performed, the other party must meet his obligations towards GHV up to that moment.

Article 20: Cancellation/termination of the training agreement (B2B)

1. If the other party, acting in the course of a profession or business, wishes to cancel or terminate his application for one or more training courses, he must notify GHV of this in writing. Unless the parties have expressly agreed otherwise in writing, cancellation takes place subject to the following fees:

a. cancellation may take place without (damages or) payment up to 6 weeks before the start of the training course, not counting the day of the training course. In that case the other party owes GHV only € 20.00 in administration costs;

b. in the event of cancellation from 6 weeks to 2 weeks before the start of the training course, not counting the day of the training course, the other party owes GHV 50% of the agreed fee;

c. in the event of cancellation within 2 weeks before the start of the training course, not counting the day of the training course, the other party owes the full agreed fee.

2. Apart from the fee for cancellation referred to in paragraph 1, the other party owes GHV all costs that GHV owes and has incurred to third parties (trainer/lecturer, venue, costs of study materials). In this context GHV will charge the other party the actual costs as invoiced to GHV.

3. The other party is liable towards third parties for the consequences of the cancellation and indemnifies GHV against resulting claims by third parties.

4. GHV has the right to set off all amounts paid by the other party against the fee owed by the other party as referred to in this article, or against other claims GHV can enforce against the other party.

5. If performance of the agreement is suspended at the request of the other party, the fee for all work carried out and costs incurred at that moment is immediately payable and GHV may charge it to the other party. GHV may also charge the other party all costs to be incurred or incurred during the suspension period, as well as the hours already reserved for the suspension period.

6. If performance of the agreement cannot be resumed after the agreed suspension period, GHV has the right to dissolve the agreement by written statement to the other party. If performance of the agreement is resumed after the agreed suspension period, the other party must reimburse any costs of GHV arising from this resumption.

7. Illness or other inability of a participant to attend counts as cancellation. The terms in paragraphs 1 and 2 remain applicable. GHV may, on request, allow the participant to move to another date once. This does not create any right to rescheduling or a refund. If a participant does not attend, the full agreed fee is payable.

8. An incompany, dedicated or individual training course is scheduled specifically for the other party. GHV blocks the full time for this. By way of derogation from paragraph 1, the following fees apply, not counting the day of the training course:

a. in the event of cancellation up to 8 weeks before the start of the training course, the other party owes only € 20.00 in administration costs;

b. in the event of cancellation from 8 weeks to 4 weeks before the start of the training course, the other party owes 50% of the agreed fee;

c. in the event of cancellation within 4 weeks before the start of the training course, the other party owes the full agreed fee.

Paragraph 2 remains applicable. A change of date is possible only with the written consent of GHV.

Article 21: Cancellation/termination of the training agreement (B2C)

1. If the other party is not acting in the course of a profession or business, and subject to the provisions of Article 5 of these general terms and conditions, the other party may terminate or cancel the agreement at any time.

2. In that case the other party must reimburse the expenses already incurred by GHV. Expenses means the costs GHV had to incur to make it possible for the training course to take place had it not been terminated. These expenses consist of costs for the training centre, the lecturer and administrative costs.

3. In addition to paragraph 2 of this article, GHV is entitled to an amount of 35% of the agreed fee if termination takes place in a period of two weeks before the start of the training course. This fee is the reasonable fee referred to in Article 7:411 of the Dutch Civil Code and consists of compensation for the activities of GHV in facilitating the training course, the booking work, administrative work and other work relating to the preparation of the training course. If termination takes place between two and six weeks before the start of the training course, the fee referred to in the previous sentence amounts to 20% of the agreed fee. If termination takes place more than six weeks before the start of the training course, no fee is payable and only expenses as referred to in paragraph 2 will be charged.

4. The other party is liable towards third parties for the costs of the cancellation and indemnifies GHV against resulting claims by third parties.

5. GHV has the right to set off all amounts paid by the other party against the fee owed by the other party as referred to in this article, or against other claims GHV can enforce against the other party.

6. If performance of the agreement is suspended at the request of the other party, the fee for all work carried out and costs incurred at that moment is immediately payable and GHV may charge it to the other party. GHV may also charge the other party all costs to be incurred or incurred during the suspension period, as well as the hours already reserved for the suspension period.

7. If performance of the agreement cannot be resumed after the agreed suspension period, GHV has the right to dissolve the agreement by written statement to the other party. If performance of the agreement is resumed after the agreed suspension period, the other party must reimburse any costs of GHV arising from this resumption.

8. Illness or other inability of a participant to attend counts as termination. The terms in this article remain applicable. GHV may, on request, allow the participant to move to another date once. If a participant does not attend, this counts as termination on the day of the training course.

Article 22: Applicable law/competent court

1. The agreement concluded between GHV and the other party is governed exclusively by Dutch law.

2. The applicability of the Vienna Sales Convention (CISG) is expressly excluded.

3. Any disputes will be submitted to the competent court in the place where GHV is established, although GHV always retains the right to submit a dispute to the competent court in the place where the other party is established.

4. For consumers, in the event of disputes, effect will be given to the requirements of absolute and relative jurisdiction set out in the Dutch Code of Civil Procedure.

5. If the other party is established outside the Netherlands, GHV has the right to choose to submit the dispute to the competent court in the country or state where the other party is established.

ANNEX I: Right of withdrawal

If you buy or purchase as a consumer, you have the right to withdraw from the agreement within a period of 14 days without giving any reason. The withdrawal period expires 14 days after the day on which you or a third party designated by you, other than the carrier, acquires physical possession of the goods.

To exercise the right of withdrawal, you must inform us of your decision to withdraw from the agreement by an unequivocal statement (for example in writing by post or email). You may use the attached model withdrawal form (Annex II), but this is not obligatory. To meet the withdrawal deadline, it is sufficient to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. You can send the communication to the known contact details of GHV, which are also included in Annex II.

Effects of withdrawal

If you withdraw from the agreement, you will receive from us all payments you have made up to that moment, including delivery costs (with the exception of any additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event no later than 14 days after we have been informed of your decision to withdraw from the agreement. We will refund you using the same means of payment you used for the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any costs as a result of such refund. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You must send back or hand over the goods to us without undue delay and in any event no later than 14 days after the day on which you informed us of your decision to withdraw from the agreement. You meet this deadline if you send back the goods before the period of 14 days has expired. The direct costs of returning the goods are borne by you. You are only liable for any diminished value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.