Terms and Conditions

Terms and Conditions - Graham Hulsebos Sales Training

At Graham Hulsebos, we value transparency and clarity in our services. That is why we have drawn up clear and understandable general conditions, in which we clearly set out our agreements and obligations.

Our general conditions apply to all our services and products and ensure that both we and our clients know what to expect from each other. This way you will never be faced with surprises and you know exactly where you stand.

It is important to us that our clients are satisfied and we make every effort to tailor our services to their needs and wishes. Our general terms and conditions are an important tool for making clear agreements and avoiding potential conflicts.

Read our terms and conditions below or 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 training agreement as well as to every offer and every purchase and sales agreement and service agreement, whether or not concluded via the website www.grahamhulsebos.nl of G.A. Hulsebos o.m.h.o.d.n. Graham Hulsebos Verkooptrainingen, established in Almere, the Netherlands, hereinafter referred to as "GHV". The General Terms and Conditions shall also apply to all agreements with the other party, the performance of which requires the engagement of third parties by the contractor.
2. The parties relevant to these general terms and conditions shall be referred to as follows:
a. other party: the purchaser respectively the person who on behalf of himself or the entrepreneur who on behalf of his employees or other persons enters into a training agreement with GHV;
b. consumer: the other party, being a natural person not acting in the exercise of a profession or business;
c. Entrepreneur: the other party, being a legal person or a natural person acting in the exercise of a profession or business;
d. participant: the natural person who participates in a training course;
e. trainer: the employee of GHV or the third party engaged by GHV who provides (part of) the agreed training; f. training agreement: the agreement of the training provider.
f. Training agreement: the contract of assignment, consisting of the training of a natural person in a training area of his/her choice in return for payment of a fee to GHV.
3. Documents" in these general conditions means: all documents to be produced or provided by GHV or to be provided by the other party, such as a valid identification document, diplomas, certificates, etc. These documents may be recorded both in writing and on other data carriers, such as on CD-ROMs, DVDs, USB sticks, etc.
4. In these general conditions "training" means: a training, education, course, workshop etc. to be provided by GHV from the GHV training offer. This may include both individual and group training.
5. In these general conditions "remuneration" means: the fee agreed or due for the training, purchase or other services.
6. In these general terms and conditions "in writing" shall mean by letter, email, fax or any other means of communication which, in view of the state of the art and generally accepted views, can be equated with this.
7. For the purpose of these general conditions, "the website" shall mean: the GHV website mentioned in paragraph 1 of this article.
8. Items" in these general conditions mean: training materials, manuals, reference books, Quick Reference Cards etc. to be provided by GHV - whether or not through the website.
9. Should one or more provisions of these general conditions be fully or partially invalid or be nullified, the other provisions shall remain fully applicable. GHV will then consult with the client in order to agree on new replacement provisions, whereby the purpose of the original provisions will be taken into account as much as possible.
10. In case of discrepancy or conflict between these general terms and conditions and a translated version thereof, the Dutch text shall prevail.
11. These general terms and conditions also apply to additional or follow-up courses or subsequent or partial orders resulting from the agreement.

12. Should GHV not always require strict compliance with the conditions, this does not mean that the client would lose the right to require strict compliance with the provisions of the general conditions in other cases.
13. If GHV has provided the other party with these general conditions more than once in a manner prescribed by law

Article 2: Offers, prices and rates

1. Every offer and quotation of GHV is valid for the period stated therein. An offer or quotation which does not specify a period of validity is non-binding. In the case of a non-binding offer or quotation, GHV is entitled 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 mentioned in the offer, the quotation, on the website, in price or rate lists, etc. shall exclude:
a. VAT;
b. shipping costs;
c. travel, accommodation and parking costs;
d. administration costs;
e. the cost of books, syllabi and other training materials;
f. (the cost of) the use of lunch, coffee, tea and the like;
g. (the costs of) the use of any facilities required in the context of the training such as hardware, software, etc;
h. any examination fees.
3. A composite offer or quotation does not oblige GHV to deliver part of the performance offered at a corresponding part of the price or rate.
4. The offer, quotation, prices and/or rates do not automatically apply to new or repeat orders or to follow-up or new training courses.
5. Examples of training materials or other items shown, as well as descriptions in brochures, promotional materials and/or on the GHV website, are as accurate as possible, but are for indicative purposes only. The other party cannot derive any rights from these.
6. a. Should (cost) price or tariff increasing circumstances occur for GHV between the date of conclusion of the agreement and the performance of the agreement as a result of changes in legislation and regulations, currency fluctuations, price or tariff changes of training providers contracted by GHV or changes in the prices of required training materials etc., GHV is entitled to increase the agreed prices or rates accordingly and charge these to the other party.
b. In case of price or rate increases within 3 months after the conclusion of the agreement, the consumer is entitled to terminate 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 use his right to cancel, GHV may assume that the consumer has agreed to the price or rate change.

Article 3: Formation of agreements.

1. The training agreement is established after GHV has confirmed in writing an application for training received from the other party.
2. If the other party places an order via the website, GHV is not bound by this order until it has confirmed it to the other party in writing. This shall apply unless otherwise stated on the website.
3. GHV shall not be bound by oral agreements or additions or amendments to the general terms and conditions or the agreement until written confirmation thereof has been provided to the counterparty.

4. From the moment the agreement is entered into, GHV shall act and act as a good contractor, as well as a reasonably acting and reasonably competent professional. In this context GHV guarantees that - in case of delivery of goods - these goods comply with the agreement.

Article 4: Registration for a training course

1. Registration for a course offered should take place in the registration method indicated for the relevant course. When minors register, the explicit, written permission of (one of) the parents or the guardian charged with the authority for the minor is required.
2. Immediately upon registration for an examination, the other party must submit a recent copy of a valid identity document of himself or of the participant(s) he has registered.
3. GHV reserves the right to reject an application if the number of applications for a training program gives reason to do so or the participant does not meet the admission requirements, if any.
4. If the desired training course is fully booked, GHV shall inform the other party in writing and - if possible - offer an alternative training course.
5. If a registration has been accepted by GHV and it appears afterwards that the information and/or documents provided with the registration are incorrect and/or incomplete, GHV shall inform the other party of this and grant a period of 48 hours to still provide the correct and complete information and/or documents. If, after expiry of the aforementioned period, the counterparty remains in default of its obligation, it shall be immediately in default. GHV is then entitled to terminate the agreement with regard to the counterparty or the participant in question with immediate effect and without judicial intervention, by means of a written statement to the counterparty. The other party is obliged to reimburse GHV for damages resulting from this and indemnifies GHV for any third party claims resulting from this.
6. Unless the parties have expressly agreed otherwise in writing, replacement of a participant already registered is possible only after GHV has given its written consent. The other party should provide GHV with all relevant information regarding this substitute, such as a recent copy of a valid identity document, prior to participation in the training. A substitute should also meet any admission requirements set for the training.

Article 5: Distance contract, right of withdrawal, trial 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 of the conclusion of the agreement. Within this period the consumer can dissolve the agreement without having to give a reason. The cancellation takes place through a written communication to GHV, according to the attached model declaration.
3. An agreement for following an online training program that is started immediately upon registration cannot be rescinded. The consumer expressly consents to the performance of the agreement when a situation referred to in the previous sentence occurs. The same applies to agreements whereby the consumer immediately after payment receives (digital) course material that can be used within 14 days after the conclusion of the agreement to obtain a diploma associated with the training.
3. In case of a distance purchase, the consumer has a reflection period of 14 calendar days after receipt of the goods by him or a third party designated by him, not being the carrier. In case of a partial delivery, this period starts when the last part of the item is received. Within this period the consumer can dissolve the agreement without having to give a reason. The cancellation takes place through a written notification to GHV according to the attached model declaration.
4. Dissolution of the agreement pursuant to the provisions of the previous paragraph of this article is not possible for items which have been produced in accordance with specifications given to GHV by the other party.
5. In the event of termination, the goods should be returned to GHV in the original packaging, unused and at the expense of the consumer. It is explicitly understood that the direct costs of the return shipment are to be paid by the consumer.
6. GHV shall fully reimburse the consumer for payments already received from the consumer, including any delivery costs charged to the consumer, as soon as possible, but at the latest within 14 calendar days after receipt of the cancellation notice.
7. GHV is entitled to refuse returned items or to refund only part of the payments received if the consumer has gone beyond what is necessary to establish the nature, characteristics and operation of the item.
8. For further information on the right of withdrawal, GHV refers to Annex I of these General Terms and Conditions, as well as Annex II, which contains a model letter of withdrawal.

Article 6: Engagement of third parties

If in GHV's opinion the proper performance of the agreement so requires, it may have certain deliveries and (parts of) the training performed or provided by third parties.

Article 7: Obligations of the other party

1. The counterparty must ensure that it provides GHV with all information and documents required for the performance of the agreement in a timely manner in the manner required by GHV.
2. The other party shall ensure that the information and documents provided by it are correct, complete and authentic and shall indemnify GHV against third party claims arising from the information and/or documents being incorrect and/or incomplete.
3. When participating in a training course, the other party should observe the house rules, instructions, etc. applied by GHV in the context of the training course or ensure that the participants registered on its behalf comply with them.
4. Notwithstanding the provisions of the previous paragraph of this article, the other party shall always behave in such a way that the other participants are not hindered thereby or shall ensure that the participants enrolled on its behalf behave in accordance with the foregoing.
5. The counterparty should treat and use any training materials or other property loaned to it by GHV with care and in accordance with the user instructions, manuals, etc. provided hereby.
6. If the obligations referred to in this article are not met or not met in time, or if the other party has not met an agreed advance payment or instalment payment in time, GHV is entitled to suspend the performance of the agreement until the other party has met its obligations and/or to exclude the other party or the participants - temporarily or otherwise - from further participation in the training. Exclusion will not take place on unreasonable grounds. The other party is liable for all damages GHV suffers as a result and indemnifies GHV for possible third party claims resulting from this. GHV is not obliged to pay any damages to the other party nor to refund payments already made by the other party.

Article 8: Confidential information

1. The parties undertake to keep confidential all information obtained from or about the other party within the framework of the conclusion and execution of the agreement and of which this party has indicated that it concerns confidential information or of which they know or could reasonably know that this information must be treated confidentially. The parties will only provide this information to third parties to the extent necessary for the execution 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 execution of the agreement under its responsibility will also comply with this duty of confidentiality.
3. The duty of confidentiality shall not apply if, as a result of legislation and/or regulations or a court ruling, a party is required to disclose the confidential information and in doing so cannot invoke a statutory or court-ordered right to privilege. This exception also applies to employees and other persons as referred to in the previous paragraph.
4. GHV is permitted at all times to publish about the agreed work and deliverables and to reuse the methods, operating procedures etc. used or developed, provided that the privacy of the other party is guaranteed or GHV has obtained permission from the other party.
5. If GHV uses a privacy statement, the information mentioned therein shall be used exclusively in accordance with the provisions of this statement.

Article 9: Implementation of training

1. GHV will employ qualified trainers for the training.
2. GHV will endeavour to carry out the training on the planned training dates and/or at the times communicated at the start of the training. However, if the number of registrations gives reason to do so or if (part of) the training cannot take place on the agreed dates and times due to unforeseen circumstances, GHV is entitled to change the planned dates and times.
3. GHV also reserves the right to make other organisational and/or content-related changes to the training program or to replace the trainer envisaged for the training if circumstances reasonably warrant this, such as in case of illness of the trainer.
4. The changes described in the previous paragraphs do not entitle the other party to compensation for damages and/or costs, unless GHV is forced to cancel part or all of the training. Any compensation paid in advance by the other party shall then be reimbursed to the other party in proportion to the cancelled part of the training.
5. GHV shall inform the other party as soon as possible about the above-mentioned changes with regard to the training.

Article 10: Delivery, terms of delivery

1. Agreed deadlines for delivery of goods can never be regarded as deadlines. Should GHV fail to meet its delivery obligations under the agreement or fail to do so in a timely manner, it should be placed in default in writing by the other party, whereby it shall be granted a reasonable period of time to still meet its delivery obligations.
2. In contracts with consumers, the items ordered via the website shall be delivered no later than 30 days after the order. If delivery within this period is impossible, GHV shall inform the consumer as soon as possible. The consumer shall then have the opportunity to reclaim any advance payments made by GHV within 1 week of this notification. In case the consumer exercises this option, GHV will refund the amount already paid by the consumer within 30 days of the consumer's request.
3. GHV is entitled to make partial deliveries, whereby GHV may invoice separately for each partial delivery.
4. The risk regarding the delivered items passes to the other party at the time of delivery. In these general conditions, the moment of delivery means the moment when the goods to be delivered leave GHV's premises, warehouse or store, or the moment when GHV has informed the other party that these goods may be collected by the other party.
5. Notwithstanding the previous paragraph of this article, for consumers the moment of delivery shall mean the moment when the goods are actually available to the consumer.
6. Dispatch of the ordered items shall take 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 items themselves - related to the dispatch.
7. Notwithstanding the previous paragraph of this article, for consumers, shipment of the ordered items shall take place at the risk of GHV, but at the expense of the consumer. The costs involved will be indicated on the website.
8. If, due to a cause attributable to the risk of the other party, it does not appear to be possible to deliver the ordered goods to the other party (in the agreed manner) or the goods are not collected, GHV is entitled to store the goods at the expense and risk of the other party. The other party must enable GHV to still deliver the goods within a period to be set by GHV after notification of the storage or still collect the goods within this period.
9. Should the counterparty remain in default of meeting its purchase obligation after the period referred to in the previous paragraph, it shall be immediately in default. GHV is then entitled to fully or partially cancel the agreement with immediate effect by written notice and to sell the goods to third parties, without GHV being obliged to pay damages, costs and interest. The foregoing does not affect the obligation of the other party to compensate for possible (storage) costs, damages caused by delay, loss of profit or other damages or the right of GHV to still demand performance.
10. An agreed delivery period shall not start until GHV has received all information necessary for the delivery and any agreed (advance) payment from the other party. If this results in a delay, the delivery period shall be extended proportionally.

Article 11: Complaints

1. The counterparty is obliged to check delivered goods immediately upon receipt and to report possible visible damages, errors, etc. to GHV immediately upon discovery, however at the latest within 5 working days after receipt, followed by a written confirmation thereof.
2. Complaints about (a part of) the training should, if possible, be reported in writing to GHV by the other party immediately during the training, but at the latest within 3 months after completion of the training, under penalty of legal processing.
3. If a complaint has not been reported to GHV within the time periods specified in the preceding paragraphs, the items are deemed to have been received in good condition and to comply with the agreement, or the training is deemed to have been provided in accordance with the agreement.
4. Complaints shall not suspend the payment obligation of the other party, except to the extent that the other party is a consumer and explicitly invokes suspension.
5. The counterparty must enable GHV to investigate the complaint and provide GHV with all relevant information for this purpose. If the investigation of the complaint requires return shipping, this shall take place for the account of the counterparty, unless the complaint turns out to be founded afterwards. The transportation risk is always for the other party.
6. In all cases the return shipment takes place in a manner to be determined by GHV and in the original packaging.
7. No complaints are possible regarding items which, after receipt by the other party, have changed in nature and/or composition or have been fully or partially processed.
8. In case of a well-founded complaint GHV shall - at its discretion - take care of repair or replacement of the delivered goods or enable the counterparty to participate (again) free of charge in (part of) the training or in another training. In case of additional damages, the provisions of the liability article of these general conditions apply.
10. Notwithstanding the preceding paragraph, the consumer has the choice between repair or replacement of the items or the continued participation in the agreed training, unless this cannot reasonably be required of GHV. Instead, the consumer may always terminate the agreement by written declaration or demand a discount on the agreed price.

Article 12: Guarantees

1. GHV shall ensure that the agreed deliveries and training courses are carried out properly and in accordance with the standards applicable in its sector, but shall never provide a more extensive warranty with regard to these deliveries and training courses than as expressly agreed between the parties.
2. GHV does not guarantee that the training is consistent with any previous or intended advanced training followed by the participant, nor that the training will be awarded the accreditation points customary in the industry of the other party, unless it has expressly confirmed this to the other party in writing.
3. The training materials developed and/or compiled by GHV have been compiled with care and to the best of its knowledge. However GHV can never guarantee the accuracy and completeness of the training materials in connection with new editions, other publications, changed insights, etc. which may appear after the start of the training.
4. No appeal to the guarantee is possible as long as the other party has not yet paid the price agreed upon for the items and/or the fee agreed upon for the training.
5. The previous paragraph does not apply to the consumer.

Article 13: Liability.

1. Beyond the quality requirements and/or results explicitly agreed upon or guaranteed by GHV, GHV does not accept any liability.
2. Without prejudice to the provisions of the previous paragraph of this article, GHV is liable only for direct damage. Any liability of GHV for consequential damages, such as trading losses, loss of profits and/or losses suffered, damages caused by delay and/or personal or bodily injury, is explicitly excluded.
3. The other party or consumer must take all measures necessary to prevent or limit the damage.
4. In case GHV is liable for damages suffered by the other party, GHV's obligation to pay compensation is at all times limited to a maximum of the amount paid by its insurer in the relevant case. In case GHV's insurer does not pay out or the damages are not covered by an insurance policy taken out by GHV, GHV's obligation to provide compensation is limited to a maximum of the invoice amount for the training or the invoice amount for the training materials provided.
5. The other party should claim GHV within 3 months after he has become aware or should have become aware of the damages incurred by him.
6. Notwithstanding the previous paragraph, a period of 6 months shall apply for the consumer.
7. The other party may not invoke guaranteed quality requirements and/or results, nor hold GHV liable on other grounds, if the damage was caused
a. by failure to use the items or training materials in accordance with the instructions, advice, directions for use, etc. provided by or on behalf of GHV;
b. due to errors or incompleteness in the information provided to GHV by or on behalf of the other party;
c. due to directions or instructions by or on behalf of the other party;
d. because the knowledge level of the other party or a prior education followed by the other party does not properly match (the level of) the training.
8. In cases as enumerated in the previous paragraph, the other party is fully liable for all damages resulting from this and explicitly indemnifies GHV against all third party claims for compensation of these damages.
9. The limitations of liability listed in this article do not apply if the damages are due to intentional and/or deliberate recklessness of GHV or its executive staff at management level or if mandatory legal provisions oppose this. Only in these cases GHV shall indemnify the other party against possible third party claims.

Article 14: Business-to-business (B2B) payments.

1. GHV is always entitled to require (partial) advance payment or any other security for payment from the other party.
2. Payment must be made within a due date of 14 days after the invoice date, unless the parties have agreed to a different payment term in writing. The correctness of an invoice is thereby established if the other party does not complain to GHV within this payment period. The period of 14 days referred to in this paragraph is a 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 expiry of the period referred to in the previous paragraph or if no direct debit has been possible, this shall constitute default. The other party shall owe GHV default interest of 2% per month, to be calculated cumulatively on the principal sum. Parts of a month shall be calculated as full months.
4. In case of default of the other party, GHV is entitled to charge the other party extrajudicial collection costs amounting to 15% of the invoice amount with a minimum of € 150.00.
5. If the other party fails to make full payment, GHV is entitled to terminate the agreement by written notice, without further notice of default, or to suspend its obligations under the agreement, until the other party has made payment or provided sound security for this purpose. GHV also has the aforementioned right to suspend if it has legitimate reasons to doubt the creditworthiness of the other party even before the other party is in default of payment.
6. Payments made by the counterparty shall first be deducted by GHV from all interest and costs due and subsequently from the principal sum. Thereby the oldest/longest existing claim(s) shall be deducted.
7. In case the counterparty is acting in the exercise of a profession or business (merchant), the counterparty may not set off GHV's claims against any counterclaims it may have against GHV. In addition, for traders, the counterparty's authority to suspend payment is excluded. Both provisions also apply if the other party applies for (provisional) suspension of payment or becomes bankrupt.
8. For all periodic payments and/or payment arrangements, in the event of early termination of the training course, the other party shall continue to owe the remainder of the fee still due at that time and this remainder shall become immediately due and payable.

Article 15: Payment with consumers (B2C)

1. GHV is always entitled to require (partial) prepayment or any other security for payment from the consumer. The advance payment requested shall not exceed 50% of the agreed price.
2. Payment must be made within a due date of 14 days after the invoice date, unless the parties have agreed to a different payment term in writing. Thereby the correctness of an invoice is established if the consumer does not claim within this payment period. The period of 14 days referred to in this paragraph is a 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 expiry of the period referred to in the preceding paragraph or no direct debit has been possible, the consumer shall owe GHV default interest pursuant to Article 6:119 of the Dutch Civil Code.
4. If payment is not made, GHV is entitled to charge the consumer extrajudicial collection costs. GHV will send the consumer a reminder whereby a period of at least 14 days, counting from the day of receipt of the reminder, is given to still pay, without owing extrajudicial costs. The amount of extrajudicial costs will be included in that letter.
5. The extrajudicial collection costs referred to in the previous paragraph amount to:
a. 15% of the amount of the principal sum over the first € 2,500.00 of the claim (with a minimum of
€ 40,00);
b. 10% of the amount of the principal sum over the next € 2,500.00 of the claim;
c. 5% of the amount of the principal over the next € 5,000.00 of the claim;
d. 1% of the amount of the principal over the next € 190,000.00 of the claim;
e. 0.5% of the excess of the principal sum.
All this with an absolute maximum of € 6,775.00.
6. If the consumer fails to make full payment, GHV is entitled to terminate the agreement by written notice or to suspend its obligations under the agreement, until the consumer has made payment or provided proper security for payment. GHV also has the aforementioned right to suspend if it has legitimate reasons to doubt the creditworthiness of the consumer even before the consumer is in default of payment.
7. Payments made by the consumer will first be deducted by GHV from all interest and costs due and subsequently from the longest outstanding payable invoices.
8. For all periodic payments and/or payment arrangements, in case of early termination of the training the consumer shall remain liable for the remainder of the fee still due at that time and this remainder shall become immediately payable.

Article 16: Retention of title

1. GHV retains ownership of all items delivered and to be delivered under the agreement until such time as the other party has fulfilled all its payment obligations to GHV.
2. The payment obligations referred to in the previous paragraph consist of payment of the purchase price of the goods, increased by claims due to work performed in connection with the delivery and claims due to the other party's attributable failure to meet its obligations, such as claims for payment of damages, extrajudicial collection costs, interest and possible penalties.
3. As long as the goods delivered are subject to retention of title, the other party may not in any way alienate, pledge or bring the goods under the (de facto) 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 ownership or other rights over the goods subject to retention of title.
5. The counterparty must keep the goods carefully and as identifiable property of GHV as long as they are subject to retention of title.
6. If the other party acts in breach of the provisions of this article or GHV invokes retention of title, GHV and its employees shall be irrevocably entitled to enter the premises of the other party and take back the items delivered under retention of title. This shall apply without prejudice to GHV's right to compensation for damages, lost profits and interest and the right to terminate the agreement by written notice.

Article 17: Intellectual property rights

1. GHV is and remains the owner of all intellectual property rights which are vested in, arise from, are related to and/or are part of the training provided and training materials delivered by GHV under the agreement. All this, unless the parties have expressly agreed otherwise in writing.
2. The exercise of the rights mentioned in the previous paragraph of this article is explicitly 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 GHV's prior written consent.
4. The other party guarantees that all information provided or to be provided by it to GHV, as well as any texts, manufactured works etc. provided by the other party to GHV in the context of the training do not infringe the copyright or any other intellectual property right of third parties. The other party is liable for possible damages suffered by GHV due to such infringements and indemnifies GHV against claims from these third parties.

Article 18: Bankruptcy, disposition, etc.

1. GHV is entitled to terminate the agreement without further notice of default, by written notice to the other party, at the time when the other party:
a. becomes bankrupt or an application for its bankruptcy has been filed;
b. applies for (provisional) suspension of payment;
c. is the subject of an attachment order;
d. is placed under guardianship or administration;
e. otherwise loses the power of disposition or legal capacity with respect to his assets or parts thereof.
2. The other party must always inform the guardian or administrator of the (contents of the) agreement and these general terms and conditions.

Article 19: Force majeure

1. In case of force majeure on the part of the other party or GHV, GHV is entitled to terminate the agreement without judicial intervention, by means of a written statement to the other party, or to suspend the performance of its obligations towards the other party for a reasonable period of time without being obliged to pay any damages.
2. For the purpose of these general conditions, force majeure on the part of GHV shall mean: a non-attributable failure on the part of GHV, third parties or suppliers engaged by GHV or other serious reasons on the part of GHV.
3. Force majeure shall include the following circumstances: war, riots, mobilisation, domestic and foreign disturbances, government measures, strikes within the organisation of GHV and/or of the other party or the threat of these etc. circumstances, disruption of exchange rates existing at the time of entering into the agreement, business interruptions due to fire, burglary, sabotage, natural disasters, failure of electricity, internet or telephone connections, etc. as well as illness or death of the intended trainer, where GHV is not reasonably able to provide adequate replacement in a timely manner. What can reasonably be expected from GHV should be determined on the basis of the concrete facts and circumstances (which training, which trainer, how much time exists between the awareness of the force majeure situation and the start of the training). If the force majeure situation occurs less than 48 hours before the start of the training, then there is no reasonable time for replacement.
4. If the force majeure situation occurs when the agreement has already been partly performed, the other party is obliged to comply with its obligations towards GHV up to that moment.

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

1. In case the other party, acting in the exercise of a profession or business, wishes to cancel/cancel its registration for one or more trainings, it should notify GHV in writing. Unless the parties have expressly agreed otherwise in writing, cancellation shall take place subject to the following compensations:
a. cancellation can take place without (damage) compensation until 6 weeks before the start of the training, not counting the day of the training. In that case the other party only owes GHV € 20.00 for administration costs, regarding
b. for cancellation between 6 weeks and 2 weeks prior to commencement of the training, not including the day of the training, the other party shall owe GHV 50% of the agreed fee;
c. in case of cancellation within 2 weeks before the start of the training, not counting the day of the training, the other party shall owe the full agreed fee.
2. Apart from the compensation for cancellation referred to in paragraph 2, the other party shall owe GHV all costs which GHV incurs and has incurred with third parties (trainer/teacher, location, costs for study materials). In this context GHV shall charge actual costs, as invoiced to GHV, to the other party.
3. The other party is liable to third parties for the consequences of the cancellation and indemnifies GHV for third party claims arising from this.
4. GHV is entitled to set off all amounts paid by the other party against the remuneration owed by the other party as referred to in this article, or against other claims which GHV may enforce against the other party.
5. In case of suspension of performance of the agreement at the request of the other party, the remuneration for all work performed and costs incurred at that time shall be immediately due and payable and GHV may charge these to the other party. GHV may furthermore charge the other party for all costs to be incurred or incurred during the suspension period as well as for hours already reserved for the suspension period.
6. If the performance of the agreement cannot be resumed after the agreed suspension period, GHV shall be entitled to terminate the agreement by written notice to the counterparty. If performance of the agreement is resumed after the agreed suspension period, the other party must reimburse GHV for any costs arising from such resumption.

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

1. If the other party is not acting in the exercise of a profession or business and subject to the provisions of Article 5 of these general terms and conditions, the other party may cancel/cancel the agreement at any time.
2. In this case, the counterparty is obliged to reimburse the expenses already incurred by GHV. Expenses are understood to be those costs GHV has had to incur to facilitate that the training could have taken place if no cancellation had been made. These expenses consist of costs for the training center, the instructor and administrative costs.
3. In addition to paragraph 2 of this article, GHV is entitled to an amount equal to 35% of the agreed fee at the time the cancellation takes place in a period of two weeks prior to the start of the training. This compensation is the reasonable compensation referred to in article 7:411 of the Civil Code and consists of a compensation for the activities of GHV in the context of facilitating the training, booking activities, administration activities and other activities related to the preparation of the training. If the termination takes place between four and six weeks before the start of the training, the compensation as referred to in the previous sentence amounts to 20% of the agreed compensation. If notice of termination is given more than six weeks before the start of the training, no fee is due and only expenses as referred to in paragraph 2 will be charged.
3. The other party is liable to third parties for the costs of cancellation and indemnifies GHV for third party claims resulting from this.
4. GHV is entitled to set off all amounts paid by the other party against the remuneration owed by the other party as referred to in this article, or against other claims which GHV may enforce against the other party.
5. In case of suspension of performance of the agreement at the request of the other party, the remuneration for all work performed and costs incurred at that time shall be immediately due and payable and GHV may charge these to the other party. GHV may furthermore charge the other party for all costs to be incurred or incurred during the suspension period as well as for hours already reserved for the suspension period.
6. If the performance of the agreement cannot be resumed after the agreed suspension period, GHV shall be entitled to terminate the agreement by written notice to the counterparty. If performance of the agreement is resumed after the agreed suspension period, the other party must reimburse GHV for any costs arising from such resumption.

Article 22: Applicable law/competent court

1. The agreement entered into between GHV and the other party is exclusively governed by Dutch law.
2. The applicability of the Vienna Sales Convention (CISG) is expressly excluded.
3. Any disputes shall 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 case of disputes, the absolute and relative competence requirements as described in the Code of Civil Procedure shall be followed.
5. If the counterparty is established outside the Netherlands, GHV is entitled to choose to submit the dispute to the competent court in the country or state where the counterparty is established.

ANNEX I - Right of withdrawal

You have, in case you buy or purchase as a consumer, the right to withdraw from the contract within a period of 14 days without giving any reason. The withdrawal period shall expire 14 days from the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the goods.

To exercise the right of withdrawal, you must inform us of your decision to withdraw from the contract by an unequivocal statement (e.g. in writing by post or e-mail). You may use the attached model withdrawal form (Annex II) for this purpose, but are not obliged to do so. 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 may send the communication to the known contact details of GHV, which are also listed in Annex II)

Effects of revocation

If you revoke the contract, you will receive from us all payments made by you up to that point, including delivery costs (with the exception of any additional costs resulting from your choice of a mode of delivery other than the cheapest standard delivery offered by us) without delay and in any event no later than 14 days after we are informed of your decision to revoke the contract. We will reimburse you using the same means of payment with which you made the original transaction, unless you have expressly agreed otherwise; in any event, you will not be charged for such reimbursement. We may wait to refund you until we have received the goods back, or you have demonstrated that you have returned the goods, whichever comes first.

You must return or hand over the goods to us without delay, but in any event no later than 14 days from the day on which you communicate your decision to withdraw from the contract to us. You are on time if you return the goods before the period of 14 days has expired. You are responsible for the direct costs of returning the goods. You will only be liable for the depreciation of the goods resulting from the use of the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods.