General Terms and Conditions Confucius Institute Maastricht

Table of content:
Article 1 – Definitions
Article 2 – Identity of Confucius Institute Maastricht
Article 3 – Applicability
Article 4 – The offer
Article 5 – Acceptance
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion right of withdrawal
Article 9 – The price
Article 10 – Conformity and guarantee
Article 11 – Delivery and execution
Article 12 – Duration transactions: duration, cancellation, and extension
Article 13 – Payment
Article 14 – Complaint procedure
Article 15 – Disputes
Article 16 – Additional or different provisions [/vc_column_text][/vc_column][/vc_row]

Article 1 – Definitions

In these terms and conditions, the following definitions apply:
1. Cooling-off period: the period within which the customer can make use of his right of withdrawal;
2. Customer: The person with whom Confucius Institute Maastricht has entered into an agreement;
3. Parties: Confucius Institute Maastricht and customer together;
4. Day: calendar day;
5. Duration transaction: a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
6. Durable data carrier: any means that enables the customer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
7. Right of withdrawal: the option for the customer to waive the distance contract within the cooling-off period;
8. Model form: the model form for withdrawal that Confucius Institute Maastricht makes available that a customer can fill in when he wants to make use of his right of withdrawal.
9. Confucius Institute Maastricht: the natural or legal person who offers products and/or services to customers at a distance;
10. Distance contract: an agreement in which, within the framework of a system for distance selling of products and/or services organized by Confucius Institute Maastricht, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for communication at a distance;
11. Technique for distance communication: means that can be used for concluding an agreement, without the customer and entrepreneur meeting simultaneously in the same room.
12. General Terms and Conditions: the present General Terms and Conditions of Confucius Institute Maastricht.

Article 2 – Identity of Confucius Institute Maastricht

Name of entrepreneur: Confucius Institute Maastricht
Business address: Brusselseweg 150, 6217 HB, Maastricht
Phone number: +31(0)433466600, available from Monday to Friday between 9:00-17:00
E-mail address: info@confuciusmaastricht.nl
Chamber of Commerce number: 70195382
VAT identification number: NL858185258B01

Article 3 – Applicability

1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Confucius Institute Maastricht.
2. Parties can only deviate from these terms and conditions if they have expressly agreed so in writing.
3. The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.
4. If at any time one or more provisions in these general terms and conditions are wholly or partially void or destroyed, the remainder of the agreement and these terms and conditions will remain in force and the relevant provision will be replaced by a provision in mutual consultation without delay approached the tenor of the original as much as possible.
5. Situations that are not regulated in these general terms and conditions must be assessed by Confucius Institute Maastricht ‘in the spirit’ of these general terms and conditions.
6. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be explained ‘in the spirit’ of these terms and conditions.

Article 4 – The offer

1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. Confucius Institute Maastricht is entitled to change and adjust the offer.
3. An offer or quotation is valid for a maximum of 2 weeks unless a different acceptance period is stated in the offer or quotation.
4. If the customer does not accept an offer or quotation within the applicable term, the offer or quotation will lapse.
5. Offers and quotations do not apply to repeat orders unless the parties have expressly agreed this in writing.
6. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the customer. If Confucius Institute Maastricht uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on Confucius Institute Maastricht.
7. All images, specifications data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
8. Images accompanying products are a true representation of the products offered. Confucius Institute Maastricht cannot guarantee that the displayed colors correspond exactly to the real colors of the products.
9. Each offer contains such information that it is clear to the customer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
– the price including taxes;
– any shipping costs;
– the manner in which the agreement will be concluded and which actions are required for this;
– whether or not the right of withdrawal applies;
– the method of payment, delivery and execution of the agreement;
– the term for acceptance of the offer, or the term within which Confucius Institute Maastricht guarantees the price;
– the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
– whether the agreement will be archived after it has been concluded, and if so, how it can be consulted by the customer;
– the way in which the customer, before concluding the agreement, can check and, if desired, restore the data provided by him in the context of the agreement;
– any other languages ​​in which, in addition to Dutch, the agreement can be concluded;

Article 5 – Acceptance

1. Upon acceptance of a quotation or offer without obligation, Confucius Institute Maastricht reserves the right to withdraw the quotation or offer within 3 days after receipt of the acceptance, without the customer being able to derive any rights from this.
2. Verbal acceptance of the customer only binds Confucius Institute Maastricht after the customer has confirmed this in writing (or electronically).

Article 6 – Right of withdrawal

When delivering products:
1. When purchasing products, the customer has the option to dissolve the agreement without stating reasons during 14 days. This reflection period starts on the day after receipt of the product by the customer or a representative designated in advance by the customer and notified to Confucius Institute Maastricht.
2. During the reflection period, the customer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging to Confucius Institute Maastricht, in accordance with the reasonable and clear instructions provided by Confucius Institute Maastricht.
3. If the customer wishes to make use of his right of withdrawal, he is obliged to inform Confucius Institute Maastricht within 14 days of receipt of the product. The customer must make this known by means of the model form. After the customer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The customer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
4. If the customer has not indicated that he wishes to make use of his right of withdrawal or. has not returned the product to Confucius Institute Maastricht, the purchase is a fact.

When providing services:
The customer has the right to cancel the booking at any time under the following conditions:
1. Any course canceled after registration – an administration fee of €20 of the course price will apply (which will not be refunded), the remaining deposit will be refunded. Cancellation of the course must be requested 5 working days before the start of the course.
2. If the customer wishes to cancel, the customer must provide proof of payment. Without this proof, the course fee will not be refunded. Cancellation is only possible from Monday to Thursday between 9 am and 5 pm. You can request a cancellation by sending an email to info@confuciusmaastricht.nl
3. The customer is not eligible for a refund if you have made a request to cancel the course less than 5 working days before the start of the course.
4. Confucius Institute Maastricht reserves the right to cancel a course if the number of participants has not reached the minimum required for the course to run effectively. The company also reserves the right to cancel in the event of an unforeseen circumstance that makes a safe training environment impossible. In the event of cancellation, the Confucius Institute Maastricht will either arrange an alternative course date or offer a full refund of the paid course fee.

Article 7 – Costs in case of withdrawal

1. If the customer makes use of his right of withdrawal, at most the costs of return will be for his account.
2. If the customer has paid an amount, Confucius Institute Maastricht will refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted. Refunds will be made via the same payment method used by the customer unless the customer expressly requests another payment method.
3. In the event of damage to the product due to careless handling by the customer, the customer is liable for any reduction in value of the product.
4. The customer cannot be held liable for depreciation of the product if Confucius Institute Maastricht has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.

Article 8 – Exclusion right of withdrawal

1. Confucius Institute Maastricht can exclude the customer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if Confucius Institute Maastricht has stated this clearly in the offer, at least in good time before concluding the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
– that have been established by Confucius Institute Maastricht in accordance with the customer’s specifications;
– which are clearly personal in nature;
– which by their nature cannot be returned;
– which can spoil or age quickly;
– the price of which is subject to fluctuations in the financial market over which Confucius Institute Maastricht has no influence;
– for loose newspapers and magazines;
– for audio and video recordings and computer software of which the customer has broken the seal;
– for hygienic products of which the customer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
– concerning accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period;
– the delivery of which has started with the express consent of the customer before the cooling-off period has expired;
– concerning betting and lotteries.

Article 9 – The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, Confucius Institute Maastricht can offer products or services whose prices are subject to fluctuations in the financial market and over which Confucius Institute Maastricht has no influence, with variable prices. This dependence on fluctuations and the fact that any prices quoted are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if Confucius Institute Maastricht has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the customer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typesetting errors, Confucius Institute Maastricht is not obliged to deliver the product according to the incorrect price.
7. Students can claim a special student price for the courses offered by Confucius Institute Maastricht. In order to be able to claim this student price, the customer must submit an application by e-mail to info@confuciusmaastricht.nl.
8. Definition student. A customer is considered a student if they are registered at a European higher education institution or university and can submit proof of enrollment for the current academic year as well as the following academic year. Confucius Institute Maastricht reserves the right to assess whether a customer is eligible for the student price.

Article 10 – Conformity and Warranty 

1. Confucius Institute Maastricht guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal requirements existing on the date of the conclusion of the agreement regulations and/or government regulations. If agreed in writing, Confucius Institute Maastricht also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by Confucius Institute Maastricht, manufacturer or importer does not affect the legal rights and claims that the customer can assert against Confucius Institute Maastricht based on the agreement.
3. Any defects or incorrectly delivered products must be reported to Confucius Institute Maastricht in writing within 4 weeks of delivery. The products must be returned in the original packaging and in new condition.
4. The warranty period of Confucius Institute Maastricht corresponds to the manufacturer’s warranty period. However, Confucius Institute Maastricht is never responsible for the ultimate suitability of the products for each individual application by the customer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:
6. The customer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
7. The delivered products have been exposed to abnormal conditions or are otherwise carelessly handled or are contrary to the instructions of Confucius Institute Maastricht and/or have been treated on the packaging;
8. The defectiveness is wholly or partly the result of regulations that the government has made or will make regarding the nature or quality of the materials used.

Article 11 – Delivery and execution

1. Confucius Institute Maastricht will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the customer has made known to Confucius Institute Maastricht.
3. With due observance of what is stated in paragraph 4 of this article, Confucius Institute Maastricht will execute accepted orders expeditiously but at the latest within 30 days, unless the customer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the customer will be notified of this no later than 30 days after placing the order. In that case, the customer has the right to dissolve the agreement without costs. The customer is not entitled to compensation.
4. All delivery times are indicative. The customer cannot derive any rights from any stated terms. Exceeding a term does not entitle the customer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, Confucius Institute Maastricht will refund the amount paid by the customer as soon as possible, but no later than 14 days after dissolution.
6. If delivery of an ordered product proves to be impossible, Confucius Institute Maastricht will make every effort to make a replacement article available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal cannot be excluded. The costs of any return shipment are for the account of Confucius Institute Maastricht.
7. The risk of damage and/or loss of products rests with Confucius Institute Maastricht until the moment of delivery to the customer or a representative designated in advance and notified to Confucius Institute Maastricht, unless expressly agreed otherwise.

Article 12 – Duration transactions: duration, cancellation, and extension

Cancellation
1. The customer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of one month.
2. The customer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, with due observance of the agreed cancellation rules and a notice period of one month.
3. The customer can accept the agreements referred to in the previous paragraphs:
– cancel at any time and are not limited to cancellation at a specific time or in a specific period;
– at least cancel in the same way as they entered into by him;
– always cancel with the same notice period as the Confucius Institute Maastricht has stipulated for itself.
Extension
4. An agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
5. Contrary to the previous paragraph, an agreement that has been entered into for a definite period of time and which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a fixed term of a maximum of three months, if the customer has extended this can terminate the agreement towards the end of the extension with a notice period of one month.
6. An agreement that has been entered into for a definite period of time and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the customer is allowed to cancel at any time with a notice period of one month and a notice period of three months in the event that the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration
8.If an agreement has a duration of more than one year, the customer may terminate the agreement at any time after one year with a notice period of one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration..

Article 13 – Payment

1. Unless otherwise agreed, the amounts owed by the customer must be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In the event of an agreement to provide a service, this term after the customer has received confirmation of the agreement.
2. The customer has the obligation to immediately report inaccuracies in payment details provided or stated to Confucius Institute Maastricht.
3. In the event of non-payment by the customer, Confucius Institute Maastricht has the right, subject to legal restrictions, to charge reasonable costs made known to the customer in advance.

Article 14 – Complaint procedure

1. Confucius Institute Maastricht has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaint procedure.
2. Complaints about the implementation of the agreement must be submitted fully and clearly described to Confucius Institute Maastricht within 7 days, after the customer has discovered the defects.
3. Complaints submitted to Confucius Institute Maastricht will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Confucius Institute Maastricht will answer within the period of 14 days with a notification of receipt and an indication when the customer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to the dispute settlement procedure.
5. In the event of complaints, a customer must first turn to Confucius Institute Maastricht. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the obligations of Confucius Institute Maastricht unless Confucius Institute Maastricht indicates otherwise in writing.
7. If a complaint is found to be well-founded by Confucius Institute Maastricht, Confucius Institute Maastricht will, at its discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

1. Agreements between Confucius Institute Maastricht and the customer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the customer lives abroad.
2. The Vienna Sales Convention does not apply.

Article 16 – Additional or different provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the customer and must be recorded in writing or in such a way that they can be stored by the customer in an accessible manner on a durable data carrier.

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