GENERAL TERMS AND CONDITIONS OF SALE

These general terms and conditions take precedence over any terms and conditions of the customer. Unless otherwise expressly agreed in writing, all services are therefore concluded under the terms and conditions set out below.

These terms and conditions form part of the cooperation agreement and take precedence over its provisions. In these General Terms and Conditions, the following terms are used in the following sense, unless expressly stated otherwise

1. APPLICABILITY

1.1 Unless otherwise agreed, all acts, services, workshops and agreements of or with Talk To C, with registered office at Dorpsstraat 50A 3078 Kortenberg Belgium, KBO 0678.418.097, are subject to these general conditions. By placing an order, the customer declares that he is aware of its provisions and accepts them. The customer renounces the application of his own general (purchase) conditions. An agreement is only concluded after written confirmation by Talk To C. A start of execution counts as confirmation, unless it is done under reservation.

1.2 Talk To C reserves the right to amend and/or supplement these general conditions or special conditions at any time and without prior notice for future agreements. Current agreements are subject to the terms and conditions that were applicable at the time of the conclusion of the agreement. If a current agreement is extended, the new general terms and conditions apply in full.

2. WORKS PROTECTED BY COPYRIGHT

2.1 A visitor may not use any copyright-protected works or other works on this website.The information stored (including brands, logos, drawings, data, product or company names, texts, images, etc.) will be published or reproduced without the express written permission of Talk To C.

2.2 All materials created within the framework of the workshops are and remain the property of Talk To C.

2.3 With the exception of the intellectual property rights belonging to Talk To C, the Client shall indemnify and protect Talk To C against all claims arising from a breach by the Client of patents, licences, trade and trade secrets, copyrights, moral rights, drawings and models claimed by third parties in the delivery of products or services by Talk To C.

2.4 Talk To C indemnifies the Client against all claims and damages resulting from a violation by Talk To C of copyright and related rights as well as moral rights of third parties who have contributed to the execution of the client’s order on behalf of Talk To C.

2.5 The client is only allowed to exploit, publish or reproduce the work or the design during the period, in the territory and for the specific exploitations by the parties agreed in the special conditions.

3. ORDERS & REGISTRATIONS

3.1 Registration is possible up to three working days before the start of the workshop or series of lessons.

3.2 Registration is possible via the website www.talktoc.be, by e-mail or by telephone. The client can register more than one person for a workshop. These persons will also receive a confirmation email. After payment, the participant will receive an e-mail from Talk To C workshops confirming his registration.

3.3 The registration is final and the agreement is concluded when this e-mail is sent to the e-mail address provided by the client.

3.4 Orders and registrations for products and/or seminars are binding. Unless the legal provisions apply, these cannot be cancelled.

3.5 For each workshop a minimum number of participants will be determined. If there is less registration, the course or workshop will be cancelled and the registered participants will be refunded in full, without prejudice to article 6.2 of these general terms and conditions.

3.6 Talk To C and the client explicitly agree that a valid agreement can be reached by using electronic forms of communication. In particular, the absence of an ordinary signature does not affect the binding force of the agreement. To the extent permitted by law, Talk To C’s electronic files shall be considered as a presumption of proof.

4. CANCELLATION

4.1 An order can only be cancelled in writing. The cancellation is only valid if accepted in writing by Talk To C. The following regulation applies to cancellation by a customer:

4.1.1 Up to 90 working days before the start of the workshop, 50% of the total quotation amount will still need to be paid.

4.1.2 If the customer cancels less than 90 working days before the start of the workshop, 100% of the total quotation amount will still need to be paid.

4.2 Talk To C has the right to cancel a workshop up to five working days before the start of the workshop in question. The client gets five working days before the start of the workshop. If possible, a suitable alternative will be offered.

4.3 If a product is not or no longer available, Talk To C will inform the customer as soon as possible and Talk To C will refund the money within thirty days.

5. INVOICING AND PAYMENT

5.1 Customers pay by invoice. The invoice will be drawn up after being registered & selected for the workshop. You pay the invoice at latest 10 days after the delivery of the invoice. Objections to invoices must be submitted to Talk To C in writing and by registered mail within five working days of the date of the invoice. In the event of non-payment on the due date of an invoice, it will be increased by operation of law and without notice of default by a fixed compensation clause of 10% of the total amount of the invoice in question, with a minimum of € 50,- and default interest of 12% per year until the date of actual payment.

The transfer of material property on movable goods delivered by Talk To C, only takes place after full payment of the agreed price. As long as full payment has not been made, the customer is not entitled to dispose of the products, to dispose of their material possessions or to use them in the broadest sense of the word.

6. LIABILITY AND INSURANCE

6.1 The goods or services provided by Talk To C shall comply with the standards and practices of care, skill and diligence that are usually applied by similar companies under similar circumstances at the time of the order and shall comply with the agreed specifications and requirements specified in the order.

6.2 The risk and costs of transport of products and possible insurance costs are always at the expense of the customer, unless explicitly agreed otherwise or unless there is a case of neglect or gross negligence on the part of Talk To C.

6.3 Talk To C will only be liable for direct damage that is the direct and necessary consequence of its gross negligence, gross negligence or intent within the framework of the execution of the order. Under no circumstances can it be held liable for compensation of indirect damage such as loss of profit, loss of clientele, any form of interest, (collection) costs….

7. COMPLAINTS

7.1 Complaints regarding the course of a product or service must be made in writing and with a clear description to Talk To C within 14 calendar days after the date of the workshop in question.

7.2 Complaints regarding an invoice must be submitted to Talk To C in writing within 14 calendar days after the date on which the invoice was sent.

7.3 If, in the opinion of Talk To C, the complaint is justified, Talk To C may, taking into account the interests of the client and the nature of the complaint, choose between replacing the service provided or granting a price discount.

7.4 Any compensation for damages to be paid to a participant or organisation as a result of a complaint can never be higher than the registration fee or the invoice amount due for the product or service in question.

8. CONFIDENTIALITY & PRIVACY

8.1 Any information (including documents, files, visual material, presentation decks or methodologies, creative content and ideas, software, financial information, customer information …) of any kind, in any way made available to one of the parties, is and shall remain the property of the party that originally owned the information; shall be treated with confidentiality by the other party and shall not be communicated or disclosed in any way to a third party without the prior written consent of the owner; shall be used solely for the purpose for which it was made available, and shall be returned at the first request of the owner. Find more at www.talktoc.be/

9. PREMATURE TERMINATION AND FORCE MAJEURE

9.1 Each Party may terminate the execution of the order prior to delivery or acceptance thereof by giving written notice to the other Party: (i) if the other Party has committed an act that constitutes unfairness, infidelity, corruption or fraud; (ii) if the other Party commits gross negligence, wilfully misconduct, displays no professional or ethical conduct with respect to the performance; or (iii) if the other Party violates any material provision or condition and fails to rectify the situation within 10 days of receiving a written request to do so; (v) with immediate effect if the other Party is declared insolvent or insolvent or makes a transfer or other arrangement in favour of its creditors.

Neither Party shall be liable for any failure to perform its obligations (subject to the payment of any amounts due) when such failure is due to causes beyond its reasonable control, such as, but not limited to, fire, flooding, strikes, social unrest, war (whether declared or not declared), embargoes, blockades, legal restrictions, governmental regulations.

Termination shall be without prejudice to any rights that either Party may have with respect to any breach by the other Party of any of the provisions, where such breach occurred prior to termination.

10. NULLITY, APPLICABLE LAW AND DISPUTES

10.1 The parties acknowledge that the nullity of one of the clauses of the agreement does not imply the nullity of the entire agreement. In this case, the parties undertake to replace the nullity clause with a legally valid clause that is as close as possible to the original intention of the parties.

These general purchase conditions as well as their application to the execution of orders or deliveries of goods are governed by Belgian law. All disputes arising in this connection and which cannot be settled amicably between the Parties shall be submitted to the courts of the district of Leuven, Belgium.