Unless expressly agreed otherwise in writing, our general terms and conditions are as follows:
Article 1: General Provisions
1.1 These terms and conditions apply to all our offers and agreements.
1.2 In these terms and conditions, “cancellation” means: unilateral termination of the agreement by either the client or LMCG (ZwembadBranche Publishing).
1.3 These terms and conditions are accepted by the other party by requesting a quote or information, registering participants in writing or by telephone for a course, training, workshop, congress, conference, or seminar, entering into agreements, or otherwise having work performed by us, or entering into negotiations with us.
1.4 Wherever these terms and conditions refer to an “event,” this shall also include any other activity organized and/or conducted by us in any form whatsoever and under any name whatsoever.
1.5 These terms and conditions take precedence over any general terms and conditions of the other party.
1.6 Visitor data may—by the LMCG organization as well as by LMCG’s partners—only be used for communication regarding the event.
Article 2 Offers and Formation of the Agreement
2.1 All offers made by us are non-binding, unless otherwise stated below. Furthermore, they must be interpreted as a single entity.
2.2 Acceptance of an offer is effected by your written notification or order to us. Acceptance may also be made via email or the internet. Acceptance of an offer implies that you accept the offer and the resulting obligations (payment or otherwise) and that you are therefore bound to fulfill these obligations. We will then send you an order confirmation, except in the event of a situation as referred to in Article 2.4. Whether or not you have received the order confirmation does not affect your obligations as set forth in this paragraph.
2.3 If, due to circumstances—including the nature, scope, or urgency of the order—no order confirmation has been sent, the invoice shall be deemed the order confirmation.
2.4 We reserve the right to refuse orders without stating reasons.
2.5 We enter into every agreement subject to the condition precedent that you—at our sole discretion—demonstrate sufficient creditworthiness to fulfill the financial obligations of the agreement. Changes to the agreement must be agreed upon in writing by the parties.
2.6 If an offer is accompanied by estimates, plans, catalogs, or other documents, these remain our property at all times and must be returned to us upon first request. They may not be reproduced, copied in any way, or passed on to third parties or made available for inspection.
2.7 You hereby expressly authorize us, if and to the extent that we deem it necessary or desirable within the scope of the assignment you have given us, to have work performed by third parties at your expense, as well as to transfer rights and obligations arising from the agreement to third parties.
Article 3 Prices
3.1 The prices listed are exclusive of VAT and must be paid inclusive of VAT, unless otherwise indicated.
3.2 Prices are in euros, unless stated in another currency.
3.3 Discounts cannot be combined. Only one discount applies per purchase.
Article 4 Invoicing and Payment
4.1 Invoices will be sent to the billing address you have provided, which does not, however, affect your obligation to pay us.
4.2 Unless otherwise agreed, invoices must be paid within 14 days of the invoice date, without recourse to set-off or discounts. Unless otherwise agreed, the full amount will be invoiced immediately upon your acceptance of our offer.
4.3 If any payment term prescribed in the terms and conditions or agreed separately is exceeded, you will be in default by operation of law immediately and without further notice of default. In that case, we are authorized to proceed with collection without further notice of default. In that case, you will be charged default interest on the amount due at a rate of 1.0% per month.
4.4 In addition to the principal amount and the default interest, you are liable for all costs, both judicial and extrajudicial, incurred by us in collecting our claim as well as for the purpose of safeguarding our rights. Extrajudicial costs are set at 15% of the principal amount, plus the applicable VAT.
4.5 Notwithstanding the foregoing, in the event of non-payment or late payment, or failure to perform or improper performance of any obligation incumbent upon you, we are entitled, without prior notice of default, to suspend further deliveries or suspend the performance of our obligations, without prejudice to our right to compensation for all direct, indirect, and consequential damages, including lost profits, and without prejudice to all other rights legally available to us.
4.6 We are entitled at all times, even after the conclusion of the agreement, to require advance payment, cash payment, or security for payment from you. If you fail to comply with this, we are entitled, without prior notice of default, to cease further deliveries or suspend the fulfillment of our obligations, without prejudice to our right to compensation for the damages as referred to in Article 4.5 and without prejudice to all other rights legally available to us.
Article 5 Complaints
5.1 Complaints regarding the goods and/or services delivered to you must be submitted to us in writing, stating the reasons, no later than 8 days after delivery; failure to do so will result in you being deemed to have accepted the delivery and to have waived all rights and remedies available to you under the law and/or the agreement.
5.2 The submission of a complaint does not affect the fulfillment of payment obligations.
Article 6: Our Obligations
6.1. We will perform our services to the best of our ability and in accordance with the principles of reasonableness and fairness.
Article 7: Force Majeure (Non-attributable Failure to Perform)
7.1. In the event of force majeure, we are entitled to suspend the performance of the agreement or to terminate the agreement permanently. Consultation will be held with the other party for this purpose.
7.2. Force majeure shall in any case include: strikes; excessive absenteeism due to illness among our staff; any calamity that prevents us from reaching the venue where the event is to be held in a timely manner; government measures that indirectly affect the performance of the agreement; -failure to perform on the part of our suppliers; as well as any failure to perform on our part that is not attributable to our fault and that, pursuant to law, a legal act, or generally accepted practice, is not our responsibility, all of which is subject to intent or gross negligence on our part.
7.3. If a speaker is unable to attend, we have the right to provide a substitute speaker. If it is not possible to provide a substitute event host, a new date for the event will be determined by mutual agreement.
7.4. For the portion of the agreement that has been performed by us, we are entitled to claim payment on a pro-rata basis.
Article 8: Liability
8.1 The organization and execution of our events, as well as the preparation of the course materials, are carried out to the best of LMCG’s ability. However, we cannot be held liable for any inaccuracies or omissions in the course materials or in information provided during the course, workshop, seminar, training session, conference, trade show, masterclass, or convention. We therefore accept no liability whatsoever in this regard.
8.2 Participation in our events is at the participant’s and client’s own risk; LMCG therefore accepts no liability whatsoever for loss, theft, or damage to the property of the participant(s) or the client, nor for personal injury sustained by the participant(s) during the event.
8.3 Any actions taken by the client or the participant in response to the event (or its content) as well as the course materials are entirely at the risk of the client and the participant(s). LMCG is not liable to the client and the participant(s), except in cases of intent or gross negligence, for damage of any kind, direct or indirect, arising for the client or the participant(s) from actions taken in connection with (the content of) the event.
8.4 Should it appear, subject to the provisions of the preceding paragraph of this article, that the damage incurred and/or any loss is to be borne by LMCG, then LMCG’s total liability shall in no event exceed an amount equal to the price agreed upon at the time the agreement was concluded.
8.5 We are also never liable for any consequential damages, except in cases of intent and/or gross negligence on our part.
8.6 The burden of proof regarding any alleged liability of LMCG rests with the client, which the client accepts.
Article 9: Copyright
9.1 We reserve the copyright to the designs, images, drawings, sketches, teaching materials, and quotations provided. These documents remain our property and may not be copied, shown to third parties, or used in any other way without our express permission.
9.2 If an offer set forth in a quotation is not accepted by the other party, the other party shall return the quotation, complete with designs, images, and drawings, etc., to us, postage prepaid, within 14 days of the date of the decision.
Article 10 Termination
10.1 If you:
are declared bankrupt, surrender your assets, file for a stay of payments, or if all or part of your property is seized;
(in the case of a natural person) die or are placed under guardianship;
fails to fulfill or improperly fulfills obligations incumbent upon you by virtue of law or agreement;
has not paid an invoice amount or a portion thereof within the specified term or fails to comply with our request for advance payment, cash payment, or security for payment pursuant to Article 4.6 of these General Terms and Conditions;
proceeds to cease operations or transfer your business or a significant portion thereof, including the contribution of your business to a company to be established or an existing company, or proceeds to change the objective of your business, we shall, upon the mere occurrence of one or more of these circumstances, have the right to terminate the agreement in whole or in part by means of a written statement without any judicial intervention or notice of default being required, as well as the right to demand immediate payment in full of any amount owed by you under the agreement concluded with you, without any warning or notice of default being required, without prejudice to our right to compensation for all direct, indirect, and consequential damages, including lost profits, and without prejudice to all other legal rights to which we are entitled.
10.2 If, even after a written demand to that effect, we fail to fulfill our obligations, or fail to do so in a timely or proper manner, you may terminate the relevant agreement with respect to the defective portion, without, however, being entitled to claim compensation for (termination) damages, without prejudice to the applicability of the provisions regarding retention of title included in these terms and conditions.
Article 11 General Cancellation
11.1 If you are unexpectedly unable to attend, you may always have a colleague take your place at no cost, provided you notify us in a timely manner. Cancellations are only accepted by certified mail up to three weeks before the start of the event. A cancellation fee of 25% of the admission price will be charged for this. Starting three weeks before the event begins, you are liable for the full participation fee.
Article 12 Cancellation by Exhibitors at ZwembadBranche Dag
Cancellations must be made exclusively by registered mail and are subject to the following sliding scale:
- Free cancellation is only possible until July 1, 2023.
- Until September 1, 2023, 40% of the participation fee will be charged as a cancellation fee.
- After September 1, 2023, you will be required to pay the full participation fee.
Article 13 Privacy Statement
LMCG collects and processes personal data from customers in connection with the management of the customer relationship and the performance of the agreement. LMCG keeps personal data strictly confidential and uses it only for the aforementioned purposes. The customer agrees that LMCG may disclose personal data to its suppliers or to third parties if this is necessary in connection with the aforementioned purposes. The customer may, at any time, submit a written request to the management of LMCG to have the customer’s data in LMCG’s files modified, supplemented, or deleted, as specified in LMCG’s privacy statement. This privacy statement is an integral part of these general terms and conditions.