— General terms and conditions and complaints procedure

Pieces of text that you can’t get away from visually…

E-mail contact:
[email protected]

Phone:
Anouk: +31 6 48 66 38 38
Julian:  +31 6 55 29 89 24

We have tried to make the most important things as clear and easy as possible. If you still have questions, please do not hesitate to contact us.

— Covid-19

Schools have to close

In the situation that schools have to close, there are two possibilities.

1. The workshops are given online, the personal starter kits can be sent to teachers at home (we do not do this with students) and everyone can still benefit optimally from the workshops.

2. If this is not an option or if there is a strong preference for an offline workshop, a new date will be arranged.

— Illness

What if a participant is ill?

This can happen and is not a problem at all. There are several possibilities when someone cannot participate due to illness.

1. The participant could be replaced by a new participant where possible.
2. When this is not possible we will make sure that this person will not be charged. Fair enough!
3. We do charge for the minimum number of participants required for the workshops.

An example:

There are 7 of you enthusiastically ready for the workshop to start visually. That morning 2 of your colleagues call off sick. In this case, we will charge for 6 participants, as this is the minimum number required.

— Payment term

What is the payment term?

A payment period of 21 days applies to our workshops.

In addition, our quotations are valid for 14 days.

— Complaints

I have a complaint

We are sorry! Discover Visually has customer satisfaction, professionalism, reliability, and service orientation in high esteem. However, we are not perfect and it may happen that you feel we fall short.

We are happy to resolve your complaint. The quickest way to do this is to contact Julian Oude Maatman ([email protected]). If it is better for you to discuss the complaint verbally, this is of course possible.

— The general terms and conditions

Article 1: General
  1. These terms and conditions apply to every offer, quotation, and agreement between Discover Visually, hereinafter referred to as: “Contractor“, and a Client to which Discover Visually has declared these terms and conditions applicable, insofar as these terms and conditions* have not been explicitly deviated from in writing by the parties.

*The present terms and conditions shall also apply to the actions of third parties engaged by Contractor in the context of the order.

 

  1. These general terms and conditions are also written for the employees of the Contractor and its management.
  2. The applicability of any purchase or other conditions of the Client is explicitly rejected.
  3. If one or more provisions of these general terms and conditions should at any time be wholly or partially null and void or voided, the other provisions of these general terms and conditions will remain fully applicable. The Contractor and the Client shall then consult to agree on new provisions to replace the null and void provisions, taking into account as much as possible the purpose and purport of the original provisions.
  4. If there is any uncertainty concerning the interpretation of one or more provisions of these general terms and conditions, the explanation must be given ‘in the spirit’ of these provisions.
  5. If a situation arises between the parties that have not been regulated in these general terms and conditions, this situation should be assessed according to the spirit of these general terms and conditions.
  6. If the Contractor does not always demand strict compliance with these terms and conditions, this does not mean that the provisions thereof do not apply, or that Contractor would in any way lose the right to demand strict compliance with the provisions of these terms and conditions in other cases.
Article 2: Quotations and offers
  1. All quotations and offers of the Contractor are without obligation unless the quotation states a period for acceptance. If no acceptance period has been set, the offer shall always expire after 14 days.
  2. The Contractor cannot be bound by its quotations or offers if the Client can reasonably understand that the quotations or offers, or any part thereof, contain an obvious mistake or error.
  3. The prices mentioned in a quotation or offer are exclusive of VAT and other government levies, any costs to be incurred within the framework of the agreement, including travel and accommodation, postage, and administration costs unless otherwise indicated.
  4. If the acceptance (whether or not on minor points) deviates from the offer included in the quotation or offer, then the Contractor is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance unless the Contractor indicates otherwise.
  5. A composite quotation shall not oblige the Contractor to perform part of the assignment at a corresponding part of the quoted price. Offers or quotations do not automatically apply to future orders.
Article 3: Contract duration, implementation periods, transfer of risk, implementation and amendment of the agreement, price increase
  1. The agreement between the Contractor and the Client is entered into for an indefinite period of time, unless the nature of the agreement dictates otherwise or if the parties explicitly agree otherwise in writing.
  2. If a term has been agreed or indicated for the performance of certain work or the delivery of certain goods, this shall never be a deadline. If a term is exceeded, the Client must therefore give Contractor written notice of default. The Contractor shall be granted a reasonable period in which to perform the Agreement after all.
  3. Contractor will perform the Agreement to the best of his knowledge and ability and in accordance with the requirements of good craftsmanship. The above is based on the current state of knowledge.
  4. The Contractor is entitled to have certain activities carried out by third parties. The applicability of Sections 7:404, 7:407(2), and 7:409 BW is explicitly excluded.
  5. If Contractor or third parties engaged by Contractor carry out work as part of the assignment at the Client’s location or at a location designated by the Client, the Client shall provide the facilities reasonably required by those employees free of charge.
  6. Delivery takes place ex Contractor’s company. The Client is obliged to take delivery of the goods at the moment they are made available to him. If the Client refuses delivery or is negligent in providing information or instructions necessary for delivery, the User is entitled to store the goods at the Client’s expense and risk. The risk of loss, damage, or depreciation is transferred to the Client at the moment the goods are at the Client’s disposal.
  7. Contractor is entitled to execute the agreement in several phases and to invoice the part thus executed separately.
  8. If the agreement is performed in phases, Contractor may suspend the performance of those parts that are part of a subsequent phase until Client has approved in writing the results of the preceding phase.
  9. The Client shall ensure that all information indicated by the Contractor as being necessary or which the Client should reasonably understand to be necessary for the fulfillment of the agreement shall be provided to the Contractor in good time. If the information required for the fulfillment of the contract is not provided to the Contractor in good time, the Contractor has the right to suspend the fulfillment of the contract and/or to charge the Client for the additional costs arising from the delay in accordance with the customary rates. The completion period shall not commence before the Client has made the information available to Contractor. Contractor shall not be liable for damage of any kind arising from the fact that the Contractor relied on incorrect and/or incomplete information provided by the Client.
  10. If, during the execution of the agreement, it turns out that for a proper execution it is necessary to amend or supplement it, the parties will proceed to adapt the agreement in good time and in mutual consultation. If the nature, scope, or content of the agreement, whether or not at the request or indication of the Client, of the competent authorities et cetera, is amended and the agreement is thereby qualitatively and/or quantitatively changed, this may have consequences for what was originally agreed. As a result, the originally agreed amount may also be increased or decreased. Contractor will provide as much advance notice as possible. By amending the Agreement, the originally stated period of execution may also be changed. The Client accepts the possibility of amending the agreement, including the change in price and term of execution.
  11. If the agreement is amended, including an addition, the Contractor is entitled to execute this first after the person responsible within the Contractor has given his approval and the Client has agreed to the price and other conditions specified for the execution, including the time to be determined at that time when the work will be carried out. Failure to execute the amended agreement, or failure to execute it immediately, does not constitute a breach of contract on the part of Contractor and does not constitute grounds for the Client to cancel the agreement.
  12. Without being in default, Contractor may refuse a request to amend the Agreement if this could have consequences, in qualitative and/or quantitative terms, for example for the work to be carried out or the goods to be supplied in this context.
  13. In the event that the Client fails to duly fulfill its obligations towards the Contractor, the Client shall be liable for all losses incurred by the Contractor as a result, whether direct or indirect.
  14. If Contractor agrees with Client on a fixed fee or price, Contractor shall nevertheless be entitled at all times to increase this fee or price without Client being entitled to terminate the Agreement for that reason if the increase in the price is the result of a power or obligation under the law or regulations or is caused by an increase in the price of raw materials, wages, etc., or on other grounds which could not reasonably have been foreseen at the time the Agreement was concluded.

15a. If the price increase other than as a result of a change in the agreement exceeds 10% and occurs within three months of the conclusion of the agreement, only the Client who is entitled to invoke Title 5, Section 3 of Book 6 of the Dutch Civil Code is entitled to dissolve the agreement by means of a written statement, unless the Contracted Party is still prepared to perform the agreement based on the originally agreed amount;
15b. if the price increase stems from a power or an obligation imposed on Contractor by law;
15c. if it has been stipulated that delivery will take place more than three months after the conclusion of the agreement;
15d. or, in the case of the delivery of a good, if it has been stipulated that delivery will take place more than three months after the purchase.

Article 4: Suspension, dissolution and premature termination of the agreement
  1. Contractor shall be authorized to suspend the fulfillment of the obligations or to dissolve the Agreement if the Client fails to fulfill the obligations arising from the Agreement, or fails to fulfill them in full or in good time, or if circumstances come to Contractor’s knowledge after the Agreement has been concluded which give good reason to fear that the Client will not fulfill his obligations, if, upon entering into the agreement, the Client was requested to provide security for the fulfillment of his obligations under the agreement and this security is not provided or is insufficient or if, due to a delay on the part of the Client, the Contractor can no longer be required to fulfill the agreement under the terms originally agreed upon.
  2. Furthermore, Contractor is authorized to terminate the agreement if circumstances arise which are of such a nature that fulfillment of the agreement is impossible or if other circumstances arise which are of such a nature that the unaltered maintenance of the agreement cannot reasonably be required of Contractor.
  3. If the Agreement is dissolved, the Contractor’s claims against the Client shall become immediately due and payable. If Contractor suspends fulfillment of its obligations, it shall retain its claims under the law and the Agreement.
  4. If Contractor proceeds with suspension or dissolution, he shall not be liable in any way whatsoever for compensation of damage and costs resulting from this.
  5. If the dissolution is attributable to the Client, Contractor shall be entitled to compensation for the damage, including the costs, incurred directly and indirectly as a result.
  6. If the Client does not fulfill his obligations arising from the agreement and this non-fulfillment justifies dissolution, the Contractor is entitled to dissolve the agreement immediately and with immediate effect, without any obligation on his part to pay any compensation or indemnification, while the Client is obliged to pay compensation or indemnification on account of breach of contract.
  7. If the agreement is terminated prematurely by the Contractor, the Contractor shall, in consultation with the Client, arrange for the transfer of work still to be performed to third parties. This is the case unless the Client is responsible for the termination. If the Contractor incurs additional costs as a result of transferring the work, these will be charged to the Client. The Client is obliged to pay these costs within the specified period, unless the Contractor indicates otherwise.
  8. In the event of liquidation, of (a request for) suspension of payments or bankruptcy, of attachment – if and to the extent that the attachment has not been lifted within three months – at the expense of the Client, of debt restructuring, or any other circumstance as a result of which the Client can no longer freely dispose of its assets, the Contractor is free to terminate the agreement at once and with immediate effect or to cancel the order or the agreement, without any obligation on its part to pay any compensation or indemnification. In that case, the Contractor’s claims against the Client shall be immediately due and payable.
  9. If the Client cancels an order placed entirely or partially, the work performed and the goods ordered or prepared for it, plus any supply and delivery costs thereof and the working time reserved for the performance of the agreement, will be charged in full to the Client.
Article 5: Force majeure
  1. The Contractor shall not be obliged to fulfill any obligation towards the Client if he is prevented from doing so as a result of a circumstance that is not due to any fault on his part and for which he cannot be held accountable by virtue of the law, a juristic act or generally accepted practice.
  2. In these general terms and conditions, force majeure shall mean, in addition to its definition in law and in case law, all external causes, foreseen or unforeseen, over which the Contractor cannot exercise any control, but which prevent the Contractor from fulfilling its obligations. This includes strikes at the company of Contractor or third parties. The Contractor shall also be entitled to invoke force majeure if the circumstance preventing (further) fulfillment of the Agreement occurs after the Contractor should have fulfilled its obligation.
  3. The Contractor may suspend its obligations under the Agreement during the period of force majeure. If this period lasts longer than two months, either party shall be entitled to dissolve the agreement without any obligation to pay the other party damages.
  4. To the extent that the Contractor has already partially fulfilled his obligations under the Agreement or will be able to fulfill them at the time when the force majeure occurs, and that part fulfilled or to be fulfilled has independent value, the Contractor is entitled to invoice the part already fulfilled or to be fulfilled respectively. The Client is obliged to pay this invoice as if it were a separate agreement.

6a. In the event of illness of the Contractor, another date for the provision of services shall be agreed in consultation with the Client.
6b. In the event of illness of the Client, the date of the provision of services shall remain unchanged. If a substantial part of the number of participants cannot be present due to illness, another date for the services of the agreement will be considered in consultation with the Contracted Party.
6c. If the agreement continues due to illness of the Client, the minimum number of participants will always be charged. In the situation that a participant is ill, while there are more participants present than the minimum number required, they will not be charged as compensation.

  1. If the agreement between the two parties cannot go ahead due to Covid-19 regulations, the best solution for both parties will be considered together.
Article 6: Payment, collection costs and cancellation conditions

1a. Payment shall always be made within 21 days of the invoice date, in a manner to be indicated by Contractor and in the currency in which the invoice was made, unless indicated otherwise by Contractor in writing.
1b. Contractor is entitled to invoice periodically.

  1. If the Client fails to pay an invoice on time, the Client shall be in default by operation of law. In that event, the Client shall owe an interest of 1% per month, unless the statutory interest rate is higher, in which case the statutory interest shall be due. The interest on the amount due and payable shall be calculated from the moment that the Client is in default until the moment of payment of the full amount due.
  2. Contractor shall be entitled to have the payments made by the Client go first of all to reduce the costs, subsequently to reduce the interest still due, and finally to reduce the principal sum and the current interest. Contractor may, without thereby falling into default, refuse an offer of payment if Client designates a different sequence for the allocation of the payment. The Contractor may refuse full repayment of the principal sum if this does not include the interest still due, the current interest, and the collection costs.
  3. The Client is never entitled to set off the amount he owes to Contractor. Objections to the amount of an invoice do not suspend the payment obligation. Nor is the Client who is not entitled to invoke Section 6.5.3 (Sections 231 through 247 of Book 6 of the Dutch Civil Code) entitled to suspend the payment of an invoice for any other reason.
  4. If the Client is in default or breach of contract in the (timely) fulfilment of its obligations, all reasonable costs incurred in obtaining satisfaction out of court shall be borne by the Client. The default of the Client, who is a natural person, not acting in the course of a profession or business (private client), shall become effective after he has been reminded to pay within fourteen days from the date of the reminder and payment has not been made. The reminder shall also state the consequences of failure to pay. The extrajudicial costs are calculated on the basis of what is customary in the Dutch collection practice. However, if Contractor has incurred higher costs for collection that were reasonably necessary and Client is not a natural person acting in the course of a profession or business (business Client), the actual costs incurred will be eligible for reimbursement. Any judicial and execution costs incurred shall also be recovered from the Client. The Client shall also owe interest on the collection costs due.

6a. The Client may cancel the agreement/service/workshop within 48 hours without giving reasons. After this period, up to 96 hours before the service/workshop, a cancellation fee of 30% of the total agreed price will be charged, provided there is no valid reason for cancellation. If the cancellation is made within 96 hours before the service/workshop, the cancellation costs are 80% of the total agreed price.
6b. The Contractor will always make it clear at the time of cancellation what the costs will be.

Article 7: retention of title
  1. All goods delivered by Contractor within the scope of the agreement will remain Contractor’s property until Client has properly fulfilled all obligations arising from the agreement(s) concluded with Contractor.
  2. Any goods delivered by Contractor which are subject to retention of title pursuant to paragraph 1 may not be resold and may never be used as a means of payment. The Client is not authorized to pledge or in any other way encumber the goods covered by retention of title.

3a. The Client must always do everything that may reasonably be expected of him to safeguard the Contractor’s property rights.
3b. If third parties levy attachment on the goods delivered subject to retention of title or wish to establish or assert rights to them, the Client is obliged to inform the Contracted Party thereof immediately. In addition, Client undertakes to insure and keep insured all goods supplied subject to retention of title against fire, explosion, and water damage, as well as against theft, and to make this insurance policy available for inspection by Contractor on first demand. Contractor is entitled to any insurance payment. To the extent necessary, Client undertakes vis-à-vis Contractor to cooperate in everything that might (appear to) be necessary or desirable in this context.

  1. In the event that the Contractor wishes to exercise its property rights referred to in this article, the Client gives unconditional and irrevocable permission in advance to the Contractor and third parties to be appointed by the Contractor to enter all those places where the Contractor’s property is located and to repossess it.
Article 8: Guarantees, research and complaints, limitation period
  1. The goods to be delivered by Contractor meet the usual requirements and standards that may reasonably be set for them at the time of delivery and for which they are intended at normal use in the Netherlands. The guarantee mentioned in this article applies to goods destined for use within the Netherlands. In the event of use outside the Netherlands, the Client must himself verify that the items are suitable for use there and meet the conditions imposed on them. In that case, Contractor may set other guarantees and other conditions in respect of the goods to be delivered or work to be carried out.
  2. The guarantee mentioned in paragraph 1 of this article applies for a period of 6 months after delivery, unless the nature of the delivered goods dictates otherwise or if parties have agreed otherwise. If the guarantee provided by Contractor concerns a good produced by a third party, the guarantee is limited to that provided by the producer of the good, unless stated otherwise.

3a. Any form of guarantee will lapse if a defect has arisen as a result of or arising from injudicious or improper use or use after the best-before date, incorrect storage or maintenance by the Client and/or third parties if, without the Contractor’s written consent, the Client or third parties have made changes or tried to make changes to the item, attached other items to it that should not have been attached or if the item has been processed or treated in a manner other than prescribed.
3b. Nor can the Client claim a guarantee if the defect has arisen due to or as a result of circumstances beyond the Contractor’s control, including weather conditions (such as, for example but not limited to, extreme rainfall or temperatures) et cetera.

  1. The Client shall be obliged to examine what is delivered, or have it examined, immediately at the moment that the goods are made available to him or the work in question is performed, respectively. In doing so, Client must examine whether the quality and/or quantity of what has been delivered corresponds to what was agreed upon and meets the requirements that the parties agreed upon in this respect. Any visible defects must be reported to Contractor in writing within 7 days of delivery. Any invisible defects must be reported to Contractor in writing immediately and in any event no later than fourteen days after their discovery. The report must contain a description of the defect that is as detailed as possible, so that Contractor is able to respond adequately. The Client must give the Contractor the opportunity to investigate a complaint (or have it investigated).
  2. If the Client files a complaint in time, this will not suspend his payment obligation. In that case, the Client shall also remain obliged to take delivery of and pay for the other goods ordered and that which he has instructed the Contractor to do.
  3. If a defect is reported later, the Client shall no longer be entitled to repair, replacement or compensation.
  4. If it has been established that a good is defective and a complaint in this respect has been filed in due time, the Contractor shall, at the Client’s discretion, replace or arrange for the repair of the defective good, or pay the Client a replacement fee, within a reasonable period of time after the good has been returned or, if the good cannot reasonably be returned, written notification of the defect by the Client. In the event of replacement, Client shall be obliged to return the replaced item to Contractor and to transfer ownership thereof to Contractor, unless Contractor indicates otherwise.
  5. If it is established that a complaint is unfounded, the costs incurred by Contractor as a result, including research costs, will be borne in full by Client.
  6. After the guarantee period has expired, all costs for repair or replacement, including administration, shipping, and call-out charges, shall be charged to the Client.
  7. In deviation from the statutory limitation periods, the limitation period for all claims and defenses against Contractor and the third parties involved in the execution of an agreement by Contractor is one year.
Article 9: Liability
  1. Should the Contractor be liable, then this liability shall be limited to what has been regulated in this provision.
  2. The Contractor is not liable for damage of any kind arising because the Contractor relied on incorrect and/or incomplete information provided by or on behalf of the Client.
  3. If Contractor should be liable for any damage, Contractor’s liability shall be limited to a maximum of once the invoice value of the order, or at least to that part of the order to which the liability relates.
  4. The Contractor’s liability shall, in any case, be limited to the amount paid out by its insurer in the case in question.
  5. The Contractor is only liable for direct damage.
  6. Direct damage is understood to mean only the reasonable costs of determining the cause and extent of the damage, to the extent that such determination relates to damage within the meaning of these terms and conditions, any reasonable costs incurred to have the Contractor’s faulty performance conform to the Agreement, to the extent that such costs can be attributed to the Contractor, and reasonable costs incurred to prevent or limit the damage, to the extent that the Client demonstrates that such costs have resulted in the limitation of direct damage as referred to in these general terms and conditions. Contractor shall never be liable for indirect loss, including consequential loss, loss of profit, lost savings and loss due to business interruption.
  7. The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of Contractor or its managing subordinates.
Article 10: Indemnification
  1. The Client indemnifies the Contractor against any claims from third parties who suffer damage in connection with the fulfillment of the Agreement and whose cause is attributable to parties other than the Contractor. Should Contractor be held liable by third parties for this reason, Client shall assist Contractor at law and otherwise and immediately do everything that may be expected of him in such case. If the Client fails to take adequate measures, then the Contractor is entitled to do so itself, without any notice of default being required. All costs and damage incurred by the Contractor and third parties as a result will be borne in full by the Client.
Article 11: Intellectual property
  1. Contractor reserves the rights and powers to which he is entitled under the Copyright Act and other intellectual laws and regulations. Contractor has the right to use the knowledge gained by the execution of an agreement for other purposes as well, to the extent that no strictly confidential information of the Client is disclosed to third parties.
Article 12: Applicable law and disputes
  1. All legal relationships to which the Contractor is a party shall be governed exclusively by Dutch law, even if an obligation is wholly or partially fulfilled abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.
  2. The judge in the place of establishment of the Contractor has exclusive jurisdiction to hear disputes, unless the law prescribes otherwise. Nevertheless, Contractor has the right to submit the dispute to the court which has jurisdiction according to the law.
  3. The parties will only appeal to the court after they have made every effort to settle a dispute in mutual consultation.
Article 13: Location and amendment of General Terms and Conditions
  1. These terms and conditions can be found on Discover Visually’s websites.
  2. The latest version or the version that applied at the time the legal relationship with Contractor was entered into shall always apply.
  3. The Dutch text of the general terms and conditions shall always be decisive for the interpretation thereof.
  4. The Dutch language general terms and conditions can be found here.

— Complaints procedure

We are sorry! We will sort it out.

We are sorry! Discover Visually has customer satisfaction, professionalism, reliability, and service orientation in high esteem. However, we are not perfect and it may happen that you feel we fall short.

We are happy to resolve your complaint. The quickest way to do this is to contact Julian Oude Maatman ([email protected]). If it is better for you to discuss the complaint verbally, this is of course possible.

In order to help you in the best possible way, we ask you to include the following aspects in your complaint:

– Name, address, telephone number, and email address,

– Indication of the Discover Visually activity to which the complaint relates, including date,

– The date the written complaint was sent,

– As clear a description of the complaint as possible,

– Any relevant copies of documents that clarify the complaint.

The more relevant information you provide, the better we are able to evaluate the complaint.

The complaint has been sent. What happens next?

You will receive a written confirmation of receipt within a week of receiving the complaint. We will then immediately set to work to resolve your complaint. We aim to do this within the same week, but at the latest within three weeks you will have a substantive answer and possible solution(s).

If you do not agree with the answer, you can always respond to the complaint and together we will look for the best solution.