General Conditions for Training/Courses provided by NIMIS-centre of light VOF

Article 1 Definitions

1.1. These General Conditions for Training Courses apply to all agreements between NIMIS-centre of light VOF and the Participant in training courses, training, and other forms of education such as courses, workshops, seminars, consultancy, sessions etc. (hereafter referred to as: 'Training Course').

1.2. By Participant is understood each natural or legal person with whom Nimis-centre of light VOF concludes an agreement to provide Training Courses or who actually take part in the Training Course, regardless whether the Participant himself, or a third party takes part in the Training Course (hereafter referred to as: ‘Participant’).

Article 2 Formation of an agreement

2.1. The agreement comes into effect when the Participant signs an Nimis-centre of light registration form, whether digitally or on paper, or upon Nimis-centre of light’s confirmation of such a registration sent via email.

2.2. The nullity/voiding of one or more clauses of these General Conditions for Training Courses does not bar the validity and applicability of any other clause. NIMIS-centre of light and the Participant will consult with each other to replace any null/void clauses by clauses that reflect as much as possible the purpose and scope of the null/void clauses.

2.3. Stipulations varying from these Conditions are binding only if confirmed in writing by NIMIS-centre of light.

Article 3 Cancellation of a Training Course

3.1. The Participant is entitled to cancel participation in or an order for a Training Course by registered letter or an email confirmed by NIMIS-centre of light.

3.2. The Participant can cancel without incurring any charge up to two months before the start of a Course.

3.3. The Participant can cancel up to 6 weeks before the start of a Course by paying a cancellation fee of 50% of the cost of participation, the other 50% being refunded.

3.4. The Participant can cancel the Training Course up to 14 calendar days before the first day of the Training Course by paying a cancellation fee of 75% of the cost of participation, the other 25% being refunded.

3.5. Upon any cancellation made fewer than 14 calendar days before the first day of the Training Course, or if the Participant ends participation after the first day of the Training Course or does not participate in the Training Course for some other reason, the Participant shall pay the full participation fee as well as any instalment payments still owed under delayed payment terms. The Participant can be replaced by another legal person or natural person, provided the latter meets the requirements for admission to the Training Course concerned. No costs are associated with such replacement.

3.6. NIMIS-centre of light is entitled to cancel the Training Course upon a clear statement of reasons or to refuse the participation of a Participant, in which cases the Participant is entitled to reimbursement of the amount paid by the Participant to NIMIS-centre of light.

Article 4 Payments

4.1. NIMIS-centre of light bills for the costs of participation through a digital or paper invoice. The Participant must pay the costs for participation within 30 days before the first day of the Training Course, or, if that date has passed, no later than 7 days after the date of NIMIS-centre of light ‘s invoice. Delayed terms of payment can be agreed for lengthy Training Courses if this is specifically stated in the information.

4.2. Travel and accommodation expenses are not included in the costs of participation unless otherwise expressly stated in the brochure concerned or on the website or in an advertisement of NIMIS-centre of light.

4.3. Costs for literature and tests are not included in the costs of participation unless otherwise expressly stated in the brochure concerned or on the website or in an advertisement of NIMIS-centre of light.

4.4. The Participant is required to reimburse NIMIS-centre of light for any reasonable legal and extralegal collection expenses it incurs upon the Participant’s late payment.

Article 5 Termination and Suspension

5.1. If the Participant fails to perform his obligations under the agreement, or in case of serious doubt that the Participant is in a position to perform his obligations towards NIMIS-centre of light, as soon as the Participant is in breach NIMIS-centre of light is entitled to terminate the agreement in whole or in part without recourse to the courts, or to suspend its performance of the agreement in whole or in part. All this without prejudice to the provisions in the preceding Articles.

5.2. If upon the Participant’s bankruptcy, moratorium, winding up, cessation of business, transfer of business, or in case it is put under administration, under liquidation of the Participant’s assets, the Participant remains in breach, NIMIS-centre of light is entitled without giving further notice of default and without recourse to the courts, to suspend performance of the agreement in whole or in part, or to suspend part of it and terminate part of it. All this without prejudice to the provisions in the preceding Articles.

5.3. Should NIMIS-centre of light proceed to full or partial termination, or full or partial suspension, of the agreement on the ground of the provisions under 9.6 or 9.7 of this agreement, NIMIS-centre of light is not liable to pay any compensation of whatever nature and of whatever form. This is without prejudice to NIMIS-centre of light ’s right to compensation for losses that arise as a result of the Participant’s default. Any form of compensation is immediately payable as of the date of the event referred to. All this without prejudice to the provisions in the preceding Articles.

Article 6 Force majeure

6.1. In case NIMIS-centre of light fails to fulfil its obligations under this present agreement due to a cause no attributable to NIMIS-centre of light , it is entitled to suspend such fulfilment temporarily and/or permanently; in such an event NIMIS-centre of light will reimburse a proportionate amount of any payments already made by the Participant upon any early termination for reasons of breach of contract and/or attributable non-performance.

6.2. The term “no attributable cause” includes but is by no means limited to a “halt to the normal course of business making fulfilment of obligations arising under this agreement no longer possible and/or opportune”. Included under this term are illness of employees and/or trainers, the unavailability of the location, conditions of war, nuclear accident and natural disasters that impeded the continuation of the Training Course.

Article 7 Intellectual property

7.1. The copyright to any materials distributed for use in a Training Course, including but not limited to data carriers, brochures, Training Course training materials, handbooks, sheets, stencils, manuals, flowcharts, CDs, DVDs and any other written materials of any nature used in a Training Course, hereafter referred to as the "materials", resides with NIMIS-centre of light unless some other person entitled to the copyright is stated on the work itself. The Participant shall not publish and/or duplicate, or distribute in any manner whatsoever, any information from the materials in any form whatsoever without the express written permission of NIMIS-centre of light.

7.2. The copyright to all programme materials resulting from NIMIS-centre of light ’s work activities, whether physical documents or written in digital electronic form, such as but not limited to offers, letters, minutes, reports, proposals, CDs, DVDs, and the like, reside solely with NIMIS-centre of light .

7.3. The manner of disclosure described above is non limitative. Copyright and other intellectual property rights do not convey but reside with NIMIS-centre of light even in case of disclosure in some manner other than as described above.

Article 8 Third party performance

NIMIS-centre of light retains the right to have work or portions of the work resulting from the agreement performed by one or more third parties. NIMIS-centre of light remains responsible for correct performance of such work.

Article 9 Liability

9.1. NIMIS-centre of light will use its best knowledge and effort in carrying out the Training Course.

9.2. NIMIS-centre of light is liable to the Participant who is a legal person or a natural person acting the exercise of a trade or profession only for that damage that is a direct consequence of intent or wilful recklessness, but for no more than the amount of the Training Course fee per harmful event, whereby a consecutive series of events is deemed to be a single event.

9.3. NIMIS-centre of light is not liable for consequential damages, such as consequential loss, lost profits and loss due to business interruption.

9.4. NIMIS-centre of light is not liable should the Participant, or a third party, have the possibility to make a claim with an insurance company.

9.5. The law of the Netherlands governs the contract for professional services and the relationship with the Participant. Any disputes arising from legal relationships will be submitted to the competent court in the Netherlands.

9.6. NIMIS-centre of light is not liable for any losses, whether material and/or immaterial, physical and/or mental, of whatever form, arising from participation and/or the performance of assignments in the Training Course.

9.7. NIMIS-centre of light xpressly retains the right to expel a Participant for wilful misconduct during participation and/or the performance of assignments in the Training Course.

Article 10 Reservations

10.1. NIMIS-centre of light retains the right to modify the content and the programme of courses.

10.2. If NIMIS-centre of light must stop or cancel a course due to the absence or indisposition of a course leader, or due to force majeure, RME will provide another course within a reasonable period of time.

10.3. NIMIS-centre of light cannot be made liable for expenses and losses incurred by the Participant for any reason whatsoever.

Article 11 Other stipulations

11.1. The Participant’s personal data are used only to optimise NIMIS-centre of light ’s provision of services and for the necessary communication between NIMIS-centre of light nd the Participant.

11.2. Training sessions shall be held subject to the condition that, in NIMIS-centre of light ’s opinion, there is sufficient participation.

11.3. Participant has fully understood the content of this agreement and so certifies by his digital signature. He confirms having read these conditions by ticking the box and voluntarily binds himself to this present agreement.

11.4. The original text of this agreement is available upon request for review at the offices of NIMIS-centre of light .

11.5. These Conditions are subject to Netherlands law. All disputes arising from these conditions will be submitted to and settled exclusively by the competent court.

Groningen, 2008

Definitions

In these General Conditions of Sale (hereafter referred to as ‘Conditions’) the following terms have the following meanings unless otherwise expressly stated.

The consumer/buyer: a counterparty who is a natural person and does not act in the exercise of a business or profession. (SEE PARAGRAPH 1.4)

Agreement: the agreement between NIMIS-centre of light VOF and the consumer.

Conditions: the General Conditions of Sale for Nimis-centre of light VOF’s web shop.

1. General / Applicability

1.1 These Conditions apply to any proposal, offer and agreement of Nimis-centre of light and the consumer, to the extent that the parties do not expressly deviate from them in writing.

1.2 These present Conditions apply equally to agreements between Nimis-centre of light and the consumer under which performance by third parties must be involved.

1.3 Any deviation from these Conditions is valid only if expressly agreed in writing.

1.4 The buyer is entitled to exercise a right of withdrawal without stating any reason within seven (7) business days after receipt of the order.

1.5 NIMIS-centre of light retains the right to amend or supplement these Conditions from time to time. By the act of using the Internet site of NIMIS-centre of light, and/or placing an order, the buyer accepts these Conditions as well as all other rights and obligations as stated on the Internet site.

1.6 In addition to these Conditions, other expressly stated Supplementary Conditions could apply to particular services and/or products. In case of any differences between the Supplementary Conditions and these Conditions, the provisions of the Supplementary Conditions prevail unless otherwise provided.

1.7 There can be deviations from the provisions of these Conditions only to the extent that these are expressly agreed in writing and in which case the other provisions of these Conditions continue to apply in full. If the buyer also refers to his general conditions, such conditions do not apply unless NIMIS-centre of light expressly so consents in writing.

1.8 NIMIS-centre of light is authorised to make use of third parties to execute an agreement with the buyer.

2. Offers and formation of agreements

2.1 An agreement is formed at the moment that a confirmation of an order is sent to the buyer via email to the email address given by the buyer.

2.2 The buyer and NIMIS-centre of light expressly agree that the use of electronic means of communication forms a valid agreement as soon as the Conditions in Article 2.1 and 2.3 are met. The absence of a non-electronic signature does not invalidate the binding force of the offer and its acceptance. NIMIS-centre of light’s electronic databases applies to the extent allowed by law as presumptive evidence.

2.3 Information, images, notices given orally, by telephone or by email in respect of all offers and the most important features of the products are made or passed along as exactly as possible. NIMIS-centre of light does not guarantee however that all offers and products fully conform with the information etc provided. Any deviations cannot in principle give any reason for compensation and/or termination.

3. Prices

3.1 All prices on the site are expressed in Euros in accordance with relevant statutory requirements and include Netherlands turnover tax (BTW) but exclude any other government levies and shipping costs unless otherwise stated in the information in respect of that Product.

3.2 If the buyer is not located in the country of origin for the shipment, the buyer is liable for any turnover tax or import duties owing.

3.3 Any special offers are valid only for the time stated for that specific offer.

3.3 The buyer owes the price stated by NIMIS-centre of light in its order confirmation in accordance with Article 2.3 of these Conditions. NIMIS-centre of light expressly retains the right to change its prices. NIMIS-centre of light can correct any apparent computation or other errors in the quotation, such as obvious inaccuracies, after the formation of the agreement.

3.4 The price does not include any shipping costs. The amount of shipping costs is stated on the Internet site. Special rates apply to deliveries made outside the Netherlands. Further conditions apply to the use of particular methods of payment in respect of the method of delivery and its associated costs. This shall be explicitly communicated to the buyer.

4. Payment

4.1 NIMIS-centre of light retains the right to offer the following methods of payment at its own choosing for orders made through the Internet site:

Via iDEAL. With this method of payment you can arrange payment directly with your bank during the order process. You settle through your trusted Internet payment environment using your own bank’s specific security methods. As an Internet banker, you can use iDEAL without any need to register for it.

Via transfers. You can transfer the total amount to account number 8316644 attn. NIMIS-centre of light stating the invoice number provided in the confirmation of the order.

Via direct debit. A direct debit through a one-time authorisation is processed usually on the same day that you give your authorisation. The amount owed must be deducted from your bank or giro account within 5 days. Should you not agree with the deduction, you can contact your bank so that it can cancel the authorisation. This method of payment is not available at this time within the NIMIS-centre of light web shop.

Via credit card (Visa, MasterCard and American Express). You can securely enter your credit card details through our secured SSL procedure and we will see to an accurate transaction together with your credit card processor.

4.2 Should NIMIS-centre of light have agreed to a payment term, the buyer is in default by virtue of the fact of that term’s expiration. Payment terms can be agreed only in writing under conditions to be set and agreed.

4.3 Upon the buyer’s failure to pay all, or the buyer’s paying only part of what is owed, on the day by which payment had to have been made, interest is owed on the balance owed from the day on which payment had to have been made until payment is made in full at the rate of 1.5% per month, part of a month being counted as a full month.

4.4 The buyer shall be charged with all legal and other costs of whatever sort incurred by NIMIS-centre of light as a result of the buyer’s failure to fulfil his payment and other obligations.

4.5 In case of failure to pay on time, NIMIS-centre of light is authorised to terminate the agreement with immediate effect or to suspend deliveries until such time as the buyer has fully met his obligations to pay, such to include all interest and other costs.

5. Delivery and time for delivery

5.1 Orders are delivered as quickly as possible after NIMIS-centre of light receives payment. The delivery time stated on the website at time of payment applies. Delivery times are indicative only and never have the effect of a strict deadline. NIMIS-centre of light can set forth further information about delivery time on the Internet site or make known in writing by some other means. Such information is only indicative.

5.2 If the buyer orders a product that is temporarily out of stock, information will be provided when that product is again available. If a product is sold out and no longer available for delivery, this will be communicated in an email to the buyer.

5.3 Deliveries are made to the address provided by or on behalf of the buyer at the time of the formation of the agreement.

5.4 NIMIS-centre of light ships via the post or other means of NIMIS-centre of light ’s choosing, but at the buyer’s account and risk. Deliveries via the post or by other means are made only after NIMIS-centre of light has received payment for the products to be delivered. (SEE ARTICLE 7)

5.5 NIMIS-centre of light is entitled to make partial shipments. NIMIS-centre of light shall bear any additional costs for subsequent deliveries.

5.6 Other delivery conditions can apply to deliveries made outside the Netherlands.

6. Exchanges and right of withdrawal

6.1 The buyer is required to carefully inspect the products immediately upon receipt. Claims in respect of product defects must be made in writing and as quickly as possible as but no later than 14 days after date of posting or, in the case of invisible defects, within 21 days of when these could reasonably have been detected. The buyer is given a choice of a refund or another product.

6.2 The buyer is responsible for the costs to return the product.

6.3 Claims and defences based on facts that could substantiate the argument that the product delivered does not fulfil the agreement, expire after 6 months after receipt of the product by the buyer.

6.4 If the delivered product does conform with the agreement, NIMIS-centre of light is held only, and at its choosing, to deliver whatever is missing, repair of the delivered product, or replacement of the delivered product.

7. Retention of title

7.1 Title to the products transfers to the buyer, notwithstanding actual delivery, only after the buyer has paid in full all that is owing under any agreement with NIMIS-centre of light, including any compensation for interest and costs, and any previous or later deliveries, and any work performed or to be performed in respect of the product.

7.2 The buyer may not mortgage, sell, pass along, dispose of, or otherwise encumber the products until their title has transferred.

7.3 The buyer holds all risk for the products from the moment of their delivery.

8. Warranty and liability

8.1 The products delivered by NIMIS-centre of light are delivered only with the warranty provided by the product’s manufacturer. During any warranty period, NIMIS-centre of light fulfils only the role of an intermediary.

8.2 NIMIS-centre of light can be held liable only for damages that can be attributed to its intentional act or gross negligence, or that may arise from circumstances in which it is liable under mandatory legal provisions. NIMIS-centre of light is never liable for consequential damage and trading loss, indirect damages and loss of profit or revenue.

8.3 If NIMIS-centre of light is held, for whatever reason, to compensate a loss, such compensation will never exceed an amount equal to the invoiced value in respect of the product or service which caused the loss. NIMIS-centre of light is never held to make compensation other than damage to property or person.

8.4 Circumstances for which NIMIS-centre of light will not be at risk, in any case, are: strikes, lock-outs, illness, import, export, and transit prohibitions, transport problems, failure of suppliers to meet their obligations, product defects, natural and/or nuclear accident and war and/or threat of war, NIMIS-centre of light’s negligence, excepting its intentional act or gross negligence.

8.5 The provisions of this Article are without prejudice to o NIMIS-centre of light’s legal liability pursuant to mandatory legal provisions.

8.6 Notwithstanding the other provisions of this Article, there can be no warranty claim in case of normal wear and furthermore in the following cases:

1. if modifications have been made in or to the product, including any repairs not made with the permission of NIMIS-centre of light or the manufacturer;
2. if the original invoice cannot be provided, is changed or made illegible;
3. if defects are consequent to the product being used other than for its intended purpose or to its misuse;
4. if damage arose from intent, gross negligence or negligent maintenance.

8.7 The buyer is obliged to indemnify NIMIS-centre of light from any third party liability that may apply to NIMIS-centre of light in respect of the execution of the agreement, and, to the extent the law does not dictate otherwise, that any loss in question and costs are borne by the buyer.

9. Force Majeure

9.1 In case of force majeure, NIMIS-centre of light is not obligated to fulfil its obligations toward the buyer, or as the case may be, the obligations are suspended for the duration of the force majeure.

9.2 By force majeure is understood each circumstance beyond its control which prevents the fulfilment of its obligations toward the buyer in whole or in part. Among such circumstances are strikes, fire, operational breakdown, power failure, failure of suppliers or other third parties involved to deliver or to deliver on time, and the lack of any statutory permit. Force majeure is also understood to mean failures in a communication or other network or connections or communication systems used and/or the unavailability of the Internet site at any time.

10. Intellectual property

10.1 The buyer expressly recognises all intellectual property rights to reproduced information, notices, or other statements on the website as well as the delivered products of, NIMIS-centre of light its suppliers or other entitled parties.

10.2 The buyer is forbidden to use, including to make changes to, the intellectual property rights described in this Article, such as for example duplication, without the express prior written permission of NIMIS-centre of light, its suppliers or other entitled parties, unless it be for purely personal use in respect of the product itself.

11. Miscellaneous

NIMIS-centre of light has its registered office in Bussum, and principal place of business at:
Hamerstraat 10, 1402 PX Bussum with the Chamber of Commerce for Gooi en Eemland no. 32075801
Its BTW identification number is VOF817720571B01.