General Terms and Conditions of B-One Training, located at Westerstraat 103, 1015 RT in Amsterdam, registered with the Chamber of Commerce under number 63833735.
In these General Terms and Conditions, the following terms are used in the following meaning, unless explicitly stated otherwise.
General Terms and Conditions:
The general terms and conditions as stated herein.
B-One Training: B-One Training, registered with the Chamber of Commerce under number 63833735.
Business: The Client acting in the exercise of a profession or business.
Consumer: The Client not acting in the exercise of a profession or business.
Service: All activities, in whatever form, that B-One Training has performed for or on behalf of the Client.
Fee: The financial compensation agreed upon with the Client for the execution of the assignment.
Assignment: The agreement for the provision of services.
Client: The party that has accepted the validity of these general terms and conditions and has given the assignment for the performance of the service. The Client includes both Consumers and Businesses.
Agreement: Every agreement concluded between B-One Training and the Client.
These General Terms and Conditions apply to every offer, quotation, and Agreement concluded between B-One Training and the Client, unless expressly deviated from these General Terms and Conditions by the parties in writing. These General Terms and Conditions also apply to agreements with B-One Training, for the execution of which third parties must be involved. The applicability of any purchasing or other General Terms and Conditions of the Client is expressly rejected.
If it appears that one or more provisions in these General Terms and Conditions are void or voidable, the General Terms and Conditions shall remain in force for all other parts. In such a case, B-One Training and the Client will enter into consultation with the aim of agreeing on new provisions to replace the void or voided provisions.
Deviations from the Agreement and General Terms and Conditions are only valid if expressly agreed upon in writing with B-One Training.
If B-One Training does not always require strict compliance with these conditions, this does not mean that the provisions thereof do not apply, or that B-One Training would lose the right to require strict compliance with the provisions of these conditions in other cases.
Offers and/or quotations are made in writing and/or electronically, unless urgent circumstances make this impossible. All offers and/or quotations from B-One Training are without obligation, unless a period for acceptance is specified in the offer and/or quotation. If a period for acceptance is specified in the offer and/or quotation, the offer and/or quotation expires when this period has elapsed. B-One Training cannot be held to its offers and/or quotations if the other party, in terms of reasonableness and fairness and according to generally accepted standards, should have understood that the offer and/or quotation, or a part thereof, contains an obvious mistake or clerical error.
If the acceptance, whether or not on minor points, deviates from the offer included in the offer and/or quotation, B-One Training is not bound by it. The Agreement will then not be concluded in accordance with this deviating acceptance, unless B-One Training indicates otherwise.
A composite price quotation does not oblige B-One Training to deliver part of the goods included in the offer and/or quotation for a corresponding part of the stated price.
Offers and/or quotations do not automatically apply to future orders or reorders.
Click here for the cancellation policy.
The Agreement is established by timely acceptance by the Client of the offer and/or quotation from B-One Training.
The Agreement is entered into for a definite period with a minimum duration of three months, unless the nature of the Agreement dictates otherwise or if the parties expressly agree otherwise in writing.
B-One Training and the Client can terminate the agreement at any time by mutual consent.
During the first three months of the Agreement, the Agreement cannot be terminated by either party. After the first three months of the Agreement have elapsed, both B-One Training and the Client can terminate the agreement at any time, observing a notice period of one month.
If during the execution of the Agreement it appears that for a proper execution it is necessary to amend or supplement the Agreement, B-One Training will inform the Client of this as soon as possible. The parties will then proceed to adjust the Agreement in a timely manner and by mutual consultation.
If the parties agree that the Agreement will be amended or supplemented, the time of completion of the execution may be influenced. B-One Training will inform the Client of this as soon as possible.
If the amendment or supplement to the Agreement will have financial, quantitative and/or qualitative consequences, B-One Training will inform the Client in advance.
If a fixed Fee and/or rate has been agreed, B-One Training will indicate to what extent the amendment or supplement to the Agreement influences the price. B-One Training will try, as far as possible, to provide a price quotation in advance.
B-One Training will not be able to charge additional costs if the amendment or supplement is the result of circumstances that can be attributed to B-One Training. Amendments to the originally concluded Agreement between the Client and B-One Training are only valid from the moment these amendments have been accepted in writing by both parties through a supplementary or amended Agreement.
B-One Training will execute the Agreement to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship.
B-One Training has the right to have certain activities performed by third parties. The application of articles 7:404, 7:407 paragraph 2, and 7:409 of the Dutch Civil Code is expressly excluded. B-One Training has the right to execute the Agreement in phases. If the Agreement is executed in phases, B-One Training has the right to invoice each executed part separately and to require payment for it. If and as long as this invoice is not paid by the Client, B-One Training is not obliged to execute the next phase and has the right to suspend the Agreement. If the Agreement is executed in phases, B-One Training has the right to suspend the execution of those parts that belong to the next phase or phases until the Client has approved the results of the preceding phase in writing. The Client shall provide in a timely manner all data or instructions that are necessary for the execution of the Agreement or of which the Client should reasonably understand that they are necessary for the execution of the Agreement, to B-One Training.
If the aforementioned data and instructions are not or not timely provided, B-One Training has the right to suspend the execution of the Agreement. The additional costs incurred by the delay are at the expense of the Client.
The Fee and/or rates are expressed in euros, including VAT and other government levies, unless otherwise indicated. The prices include administrative costs, unless otherwise indicated. If a Fee and/or rate has not been expressly agreed upon, the Fee will be determined based on the actual hours spent and the usual hourly rates of B-One Training.
B-One Training will inform the Client in a timely manner before the conclusion of the Agreement of all additional costs or will provide data based on which these costs can be calculated by the Client.
If B-One Training agrees on a fixed Fee or rate when concluding the Agreement, B-One Training is entitled to increase this Fee or rate, even when the Fee or rate was not originally given subject to reservation.
If B-One Training intends to change the Fee or rate, it will inform the Client as soon as possible.
If the increase in the Fee or rate takes place within three months after the conclusion of the Agreement, the Client can dissolve the Agreement by a written declaration, unless:
The Client has the right to dissolve the Agreement if more than three months after the conclusion of the Agreement the Fee or the rate is increased, unless it has been stipulated in the Agreement that the execution will take place more than three months after the conclusion of the Agreement.
B-One Training will inform the Client in case of the intention to increase the Fee or the rate. B-One Training will thereby mention the extent of and the date on which the increase will take effect.
The activities will be performed within a period specified by B-One Training. If a period has been agreed or specified for the performance of certain activities, then that period is only indicative and never to be regarded as a strict deadline. If B-One Training requires data or instructions from the Client that are necessary for the execution of the Agreement, the execution period begins after the Client has provided these to B-One Training. In the event of exceeding an execution period, the Client must give B-One Training written notice of default, whereby B-One Training is still offered a reasonable period to give execution to the Agreement.
A notice of default is not necessary when delivery has become permanently impossible or otherwise it has become apparent that B-One Training will not fulfill its obligations from the Agreement. If B-One Training does not proceed with execution within this period, the Client has the right to dissolve the Agreement without judicial intervention and/or to claim compensation.
Payment takes place by means of transfer to a bank account designated by B-One Training at the time of purchase or delivery, unless otherwise agreed. Transfer takes place by means of an invoice or bank transfer. Payment must be made in advance. Payment must be made within 14 days after the invoice date, in a manner to be indicated by B-One Training and in the currency in which the invoice is denominated, unless otherwise agreed.
The Client is not authorized to deduct any amount from the amount due because of a counterclaim made by him.
B-One Training is entitled to invoice the Client for the activities performed in the preceding period. Invoicing takes place monthly.
B-One Training and the Client can agree that payment will be made in installments in proportion to the progress of the work. If payment in installments has been agreed, the Client must pay according to the installments and the percentages as established in the Agreement.
Objections to the amount of the invoice do not suspend the payment obligation.
After the expiry of 14 days after the invoice date, the Client is, without notice of default, legally in default. The Client owes, from the moment of being in default, interest of 2% per month on the due amount, unless the statutory interest is higher.
In the event of bankruptcy, suspension of payment, or guardianship, the claims of B-One Training and the obligations of the Client towards B-One Training are immediately due and payable.
If the Client is in default or in breach in the (timely) fulfillment of his obligations, all reasonable costs incurred to obtain satisfaction out of court are at the expense of the Client. With regard to the extrajudicial (collection) costs, B-One Training, insofar as the Client acts in the capacity of a Business, in deviation from Article 6:96 paragraph 5 of the Dutch Civil Code and the Decree on compensation for extrajudicial collection costs, is entitled to a compensation of 15% of the total outstanding principal sum with a minimum of €90 for each invoice that is wholly or partially unpaid. With regard to the extrajudicial (collection) costs, B-One Training, insofar as the Client acts in the capacity of a Consumer, is entitled to the maximum legally permitted compensation as determined in the Decree on compensation for extrajudicial (collection) costs. Insofar as the Client acts in the capacity of a Consumer, B-One Training is only entitled to a compensation of the extrajudicial (collection) costs, after B-One Training has sent the Client, after the occurrence of the default, a reminder to pay the outstanding invoice or invoices within fourteen days. Any reasonable judicial and execution costs incurred are also at the expense of the Client.
If the Client does not fulfill, does not fully fulfill, or does not timely fulfill an obligation from the Agreement, B-One Training has the right to suspend the fulfillment of the opposite obligation. In case of partial or improper fulfillment, suspension is only permitted insofar as the shortcoming justifies it.
Furthermore, B-One Training is authorized to suspend the fulfillment of the obligations if:
B-One Training reserves the right to claim compensation.
If the Client does not fulfill an obligation from the Agreement, does not fully fulfill it, does not fulfill it in time, or does not fulfill it properly, B-One Training is authorized to dissolve the Agreement with immediate effect, unless the shortcoming, in view of its minor significance, does not justify the dissolution.
Furthermore, B-One Training is authorized to dissolve the Agreement with immediate effect if:
Dissolution takes place by means of written notification without judicial intervention.
If the Agreement is dissolved, the claims of B-One Training on the Client are immediately due and payable.
If B-One Training dissolves the Agreement on the grounds of the aforementioned grounds, B-One Training is not liable for any costs or compensation.
If the dissolution is attributable to the Client, the Client is liable for the damage suffered by B-One Training.
A shortcoming cannot be attributed to B-One Training or the Client, because the shortcoming is not due to his fault, nor is he accountable by law, legal act, or generally accepted standards. In this case, the parties are also not obliged to fulfill the obligations that arise from the Agreement.
Under force majeure in these General Terms and Conditions is understood, in addition to what is understood in that area in law and jurisprudence, all external causes, foreseen or unforeseen, over which B-One Training can exercise no influence and whereby B-One Training is not able to fulfill its obligations.
Circumstances that are considered to constitute force majeure include: lockout, fire, water damage, natural disasters or other external calamities, mobilization, war, traffic obstructions, blockades, import or export impediments or other government measures, stagnation or delay in the supply of raw materials or machine parts, as well as any circumstance whereby the normal course in the business is impeded as a result of which the fulfillment of the Agreement by B-One Training cannot reasonably be required of the Client.
B-One Training also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the Agreement occurs after B-One Training should have fulfilled its obligation.
In case of force majeure, the parties are not obliged to continue the Agreement, nor are they bound to any compensation.
Both B-One Training and the Client can suspend the obligations from the Agreement wholly or partially for the duration of the period that the force majeure continues. If this period lasts longer than two months, both parties are entitled to dissolve the Agreement with immediate effect, by means of written notification, without judicial intervention, without the parties being able to claim any compensation.
If the situation of force majeure is of a temporary nature, B-One Training reserves the right to suspend the agreed performance for the duration of the force majeure situation. In case of permanent force majeure, both parties are entitled to dissolve the Agreement extrajudicially.
If B-One Training at the time of the occurrence of force majeure has already partially fulfilled its obligations from the Agreement or will be able to fulfill them, and independent value accrues to the fulfilled or to be fulfilled part, B-One Training is entitled to separately invoice the already fulfilled or to be fulfilled part. The Client is obliged to pay this invoice as if it were a separate Agreement.
The agreement between B-One Training and the Client leads to a best-efforts obligation and not to a results obligation. B-One Training therefore guarantees that the activities performed by it comply with the agreement and are performed properly.
The guarantee indicated in these General Terms and Conditions applies to use within and outside the Netherlands.
If the performed Service does not comply with the guarantee, B-One Training will, after notification thereof, proceed to free replacement or repair within a reasonable period. When the guarantee period has expired, all costs for repair or replacement, including administration, shipping, and call-out costs, are at the expense of the Client. Any form of guarantee becomes void if a defect has arisen as a result of unskillful use or lack of care, or if it is a consequence of changes that the Client or third parties have made to the delivered. B-One Training is also not liable for any damage that has arisen as a result of these defects. The guarantee also expires if the defect has arisen through or is the result of circumstances on which B-One Training cannot exercise any influence. These circumstances include, among others, weather conditions.
The Client is obliged to examine the Service at the moment of execution, but in any case within 14 days after execution. In doing so, the Client should examine whether the quality and quantity of the performed Service correspond to what has been agreed, or at least meet the requirements that apply in normal trade.
Visible defects and shortcomings should be reported in writing to B-One Training within 7 days after execution of the Service.
Non-visible defects and shortcomings should be reported to B-One Training within 7 days after their discovery.
The right to (partial) refund of the price, repair or replacement or compensation expires if defects are not reported within the stipulated period, unless a longer period follows from the nature of the Service or from circumstances of the case.
The payment obligation is not suspended if the Client informs B-One Training of the defect within the stipulated period.
For the Client in the capacity of Consumer, a period of two months always applies when discovering visible and non-visible defects, as referred to in Article 7:23 of the Dutch Civil Code.
B-One Training is only liable for direct damage that has arisen through conscious recklessness or intent of B-One Training. Direct damage exclusively means:
B-One Training is never liable for indirect damage, including in any case consequential damage, lost profit, missed savings, business stagnation, or immaterial damage of the Client.
B-One Training is not liable for damage, of whatever nature, because B-One Training has based itself on incorrect and/or incomplete data provided by the Client, unless this incorrectness or incompleteness should have been known to B-One Training.
The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence of B-One Training or its managing subordinates.
B-One Training is not liable for mutilation, destruction, theft, or loss of data or documents.
If B-One Training should be liable for any damage, then the liability of B-One Training is limited to the amount up to at most once the amount stated in the invoice or to the amount to which the insurance taken out by B-One Training gives entitlement, increased by the deductible that B-One Training bears in accordance with the insurance.
The Client must report the damage for which B-One Training can be held liable as soon as possible, but in any case within ten days after the occurrence of the damage to B-One Training, on penalty of forfeiture of any right to compensation for this damage.
Any liability claim against B-One Training expires within one year after the Client has become aware of the damaging fact or could reasonably have become aware of it.
The Client indemnifies B-One Training against any claims from third parties, who suffer damage in connection with the execution of the Agreement and which is attributable to the Client.
If B-One Training should be addressed by third parties on that account, then the Client is obliged to assist B-One Training both outside and in court. All costs and damage on the part of B-One Training and third parties are further at the expense and risk of the Client.
For all claims against B-One Training and the third parties engaged by B-One Training (possibly), a limitation period of one year applies, in deviation from the statutory limitation periods.
B-One Training reserves the rights and powers that accrue to it on the basis of the Copyright Act and other intellectual property laws and regulations.
B-One Training reserves the right to use the knowledge increased by the execution of the activities for other purposes, insofar as no confidential information is brought to the knowledge of third parties.
Both B-One Training and the Client are obliged to maintain confidentiality during the term and after termination of the Agreement regarding all facts and particulars concerning the business of which he or she knows or can reasonably suspect that they are confidential. This confidentiality obligation also includes all data of employees, clients, clients, and other relations of which knowledge has been acquired on the basis of the Assignment.
The data and information that the Client provides to B-One Training, B-One Training will store carefully and confidentially.
B-One Training acts in accordance with the GDPR which is in force from May 25, 2018. B-One Training will maintain a register of processing activities on the basis of the GDPR.
The Client has the right to inspect, the right to correction, and the right to deletion of the personal data provided.
When visiting the website, B-One Training can collect information from the Client about the use of the website through cookies.
The information that B-One Training collects through cookies can be used for functional and analytical purposes.
B-One Training may use the personal data of the Client exclusively and solely in the context of the execution of its delivery obligation or the handling of a complaint.
B-One Training may use the personal data of the Client exclusively and solely for necessary specific purposes.
B-One Training is not permitted to lend out, rent, sell, or in any way make public the personal data of the Client.
B-One Training will not store the personal data longer than necessary.
The Client is entitled to file a complaint with the Dutch Data Protection Authority regarding his/her personal data. The Dutch Data Protection Authority is obliged to handle this complaint.
The Client agrees that B-One Training may approach the Client for statistical research or customer satisfaction research. When the Client does not wish to be approached for research, the Client can make this known.
B-One Training has the right to unilaterally amend these general terms and conditions.
Amendments will also apply to already concluded agreements.
B-One Training will inform the Client by e-mail about the amendments.
The amendments to the general terms and conditions will be in force 30 days after the Client has been informed of the amendments.
If the Client does not agree with the announced amendments, the Client has the right to dissolve the agreement.
Dutch law exclusively applies to all legal relationships to which B-One Training is a party. This also applies if an obligation is wholly or partially executed abroad or if the Client has his residence abroad.
Disputes between B-One Training and the Client will only be submitted to the competent court in the Amsterdam district, unless the law mandatorily prescribes otherwise.
These General Terms and Conditions have been filed with the Chamber of Commerce under number 63833735.
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