General Terms and Conditions Supply Chain Media B.V.
The company Supply Chain Media with limited liability (hereinafter: Supply Chain Media) is registered at the Chamber of Commerce under number 09213759 and is located at Gezellenlaan 7 (7005 AX) in Doetinchem.
PART I GENERAL
Article 1 - Definitions
- In these general terms and conditions, the following terms are used in the following meaning, unless expressly indicated otherwise.
- Offer: any offer or quotation to the Client for the provision of Services by Supply Chain Media and/or the delivery of Products.
- Company: The natural or legal person who acts in the exercise of a profession or business.
- Consumer: The natural person who does not act in the course of a profession or business.
- Participant or Visitor: the natural person who actually participates in the Event/training/workshop, whether or not the Client is a Consumer.
- Services: providing training and workshops in the form of an Event, organizing events in the broadest sense of the word, as well as providing catering.
- Event: any performance and/or other manifestations in the broadest sense of the word.
- Supply Chain Media: the provider of Products and/or the service provider that offers Services to Supply Chain Media.
- Client: the Consumer and/or the Company that Supply Chain Media has appointed, has provided projects to Supply Chain Media for Services that are performed by Supply Chain Media, or to which Supply Chain Media has made a proposal under an Agreement.
- Agreement: any Agreement and other obligations between the Client and Supply Chain Media, as well as proposals from Supply Chain Media for Services that are provided by Supply Chain Media to the Client and that are accepted by the Client and have been accepted and performed by Supply Chain Media with which these general terms and conditions form an inseparable whole.
- Products: The Products offered by Supply Chain Media are both digital and printed or physical magazines.
- Admission ticket: An admission ticket or invitation is a physical or digital document provided by Supply Chain Media, showing the Visitors authority to be present at the Event.
Article 2 - Applicability
- These general terms and conditions apply to every Offer of Supply Chain Media, every Agreement between Supply Chain Media and the Client and to every service and/or Product that is offered by Supply Chain Media.
- Before an Agreement is concluded, the Client will be provided with these general terms and conditions. If this is not reasonably possible, Supply Chain Media will indicate to the Client how the Client can view the general terms and conditions.
- Deviation from these general terms and conditions is not possible. In exceptional situations, it is possible to deviate from the general terms and conditions insofar as this has been explicitly agreed in writing with Supply Chain Media.
- These general terms and conditions also apply to additional, amended and follow-up orders from the Client.
- The general terms and conditions of the Client are excluded.
- If one or more provisions of these general terms and conditions are partially or wholly invalid or are invalid, the other provisions of these general terms and conditions will remain in force, and the invalid/nullified provision(s) will be replaced by a provision with the same purport as the original provision.
- Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions must be assessed and explained in the spirit of these general terms and conditions.
- The applicability of Articles 7:404 of the Dutch Civil Code and 7:407 paragraph 2 of the Dutch Civil Code is explicitly excluded.
- If reference is made to she/her in these general terms and conditions, this should also be construed as a reference to he/him/are, if and insofar as applicable.
- If Supply Chain Media has not always demanded compliance with these general terms and conditions, it will retain its right to demand full or partial compliance with these general terms and conditions.
Article 3 - The Offer
- All offers made by Supply Chain Media are without obligation, unless explicitly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be expressly stated in the Offer.
- Supply Chain Media is only bound by an Offer if it is confirmed in writing by the Client within 30 days. Nevertheless, Supply Chain Media has the right to refuse an Agreement with a (potential) Client for a valid reason for Supply Chain Media.
- The offer contains a description of the Services and/or Products offered. The description is sufficiently specified, so that the Client is able to make a proper assessment of the offer. Any information in the offer is only an indication and cannot be a ground for any compensation or dissolution of the Agreement.
- Offers or quotations do not automatically apply to follow-up orders.
- Delivery times in the offer of Supply Chain Media are in principle indicative and if they are exceeded, do not entitle the Client to dissolution or compensation, unless expressly agreed otherwise.
Article 4 - Conclusion of the Agreement
- The Agreement is concluded at the moment that the Client has accepted an Offer or Agreement from Supply Chain Media by returning a signed copy (scanned or original) to Supply Chain Media, or an explicit and unambiguously agree to the Offer by e-mail.
- Supply Chain Media has the right to revoke the (signed) Agreement within 5 working days after receipt of the acceptance.
- Supply Chain Media is not bound by an Offer if the Client could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or error. The Client cannot derive any rights from this mistake or error.
- If the Client cancels an order that has already been confirmed, the costs already actually incurred (including the time spent) will be charged to the Client.
- Every Agreement that is entered into with Supply Chain Media or a project that is awarded to Supply Chain Media by the Client, rests with the company and not with an individual person associated with Supply Chain Media.
- The Clients right of withdrawal, being a Company, is excluded, unless otherwise agreed. The Client, being a Consumer, has the right to revocation during the statutory period of 14 days, unless Supply Chain Media has already commenced the Services with the Clients permission. The client waives its right of withdrawal by means of this permission.
- If the Agreement is entered into by several Clients, each Client is individually jointly and severally liable for the fulfillment of all obligations arising from the Agreement.
Article 5 - Term of the Agreement
- The Agreement is entered into for a definite period of time, unless the content, nature or purport of the assignment implies that it has been entered into for an indefinite period of time. The duration of the assignment also depends on external factors, including but not limited to the quality and timely delivery of the information that Supply Chain Media obtains from the Client.
- Both the Client and Supply Chain Media can dissolve the Agreement on the basis of an attributable shortcoming in the fulfillment of the Agreement if the other party has been given notice of default in writing and it has been given a reasonable term to fulfill its obligations and it still fails to fulfill its obligations. obligations in that case. This also includes the payment and cooperation obligations of the Client.
- The dissolution of the Agreement does not affect the payment obligations of the Client insofar as Supply Chain Media has already performed work or delivered services at the time of the dissolution. The Client must pay the agreed fee.
Article 6 - Performance of the service
- Supply Chain Media will make every effort to perform the agreed service with the greatest possible care, as may be expected of a good service provider. Supply Chain Media guarantees a professional and independent service. All Services are performed on the basis of a best efforts obligation, unless a result has been explicitly agreed in writing that is described in detail.
- The Agreement on the basis of which Supply Chain Media performs the Services, is leading for the size and scope of the service. The Agreement will only be performed for the benefit of the Client. Third parties cannot derive any rights from the content of the Services performed in connection with the Agreement.
- The information and data provided by the Client are the basis on which the Services offered by Supply Chain Media and the prices are based. Supply Chain Media has the right to adjust its services and prices if the information provided turns out to be incorrect and/or incomplete.
- When performing the Services, Supply Chain Media is not obliged or obliged to follow the instructions of the Client if this changes the content or scope of the agreed Services. If the instructions result in further work for Supply Chain Media, the Client is obliged to reimburse the additional costs accordingly on the basis of a new quotation.
- Supply Chain Media is entitled to engage third parties for the performance of the Services at its own discretion.
- If the nature and duration of the assignment so require, Supply Chain Media will keep the Client informed of the progress in the interim in the agreed manner.
- The performance of the Services is based on the information provided by the Client. If the information has to be changed, this may have consequences for any established planning. Supply Chain Media is never liable for adjusting the planning. If the commencement, progress or delivery of the Services is delayed because, for example, the Client has not supplied all the requested information or has not provided it on time or in the desired format, does not provide sufficient cooperation, a possible advance has not been received in time by Supply Chain Media or other circumstances, which are at the expense and risk of the Client, there is a delay, Supply Chain Media is entitled to a reasonable extension of the delivery or completion period. All damage and additional costs as a result of delay due to a cause as mentioned above are for the account and risk of the Client.
Article 7 - Obligations of the Client
- The Client is obliged to provide all information requested by Supply Chain Media as well as relevant appendices and related information and data in a timely manner and/or before the start of the work and in the desired form for the purpose of a correct and efficient execution of the work. the agreement. Failing this, Supply Chain Media may not be able to fully implement and/or deliver the relevant documents. The consequences of such a situation are at all times at the expense and risk of the Client.
- Supply Chain Media is not obliged to check the correctness and/or completeness of the information provided to it or to update Client with regard to the information if it has changed over time, nor is Supply Chain Media responsible for the correctness and completeness of the information compiled by Supply Chain Media for third parties and/or provided to third parties in the context of the Agreement.
- Supply Chain Media may, if this is necessary for the execution of the Agreement, request additional information. Failing this, Supply Chain Media is entitled to suspend its activities until the information has been received, without being obliged to pay any compensation for whatever reason towards the Client. In the event of changed circumstances, the Client must notify Supply Chain Media of this immediately or no later than 3 working days after the change has become known.
Article 8 - Advice
- Supply Chain Media can, if instructed to do so, draw up advice, action plan, design, reporting, planning and/or reporting for the benefit of the service. The content of this is not binding and only of an advisory nature, but Supply Chain Media will observe its duties of care. The client decides itself and under its own responsibility whether to follow the advice.
- The advice provided by Supply Chain Media, in whatever form, can never be regarded as binding advice. Even if Supply Chain Media assists the Client in negotiations, this advice is never legal advice. If the Client interprets this advice as legal and/or tax advice, the Client must first consult a specialist (lawyer/tax specialist) trained for this purpose.
- At Supply Chain Medias first request, the client is obliged to assess proposals it has provided. If Supply Chain Media is delayed in its work because the Client does not or not timely provide an assessment of a proposal made by Supply Chain Media, the Client is at all times responsible for the resulting consequences, such as delay.
- The nature of the service means that the result always depends on external factors that can influence the reports and advice of Supply Chain Media, such as the quality, correctness and timely delivery of the necessary information and data from the Client and service employees. The client guarantees the quality and the timely and correct delivery of the required data and information.
- The Client will notify Supply Chain Media in writing prior to the commencement of the work of all circumstances that are or may be important, including any points and priorities to which the Client wishes attention.
Article 9 - Additional work and changes
- If during the performance of the Agreement it appears that the Agreement needs to be adjusted, or if further work is required at the Clients request to achieve the desired result for the Client, the Client is obliged to to pay for work in accordance with the agreed rate. Supply Chain Media is not obliged to comply with this request and may require the Client to conclude a separate Agreement and/or to refer it to an authorized third party.
- If the additional activities are the result of negligence on the part of Supply Chain Media, Supply Chain Media has made an incorrect estimate or could have reasonably foreseen the relevant activities, these costs will not be passed on to the Client.
Article 10 - Prices and payment
- All prices are in principle exclusive of turnover tax (VAT), unless otherwise agreed. For Consumers the prices are shown including VAT.
- Supply Chain Media performs its services in accordance with the agreed rate. Payment should preferably be made in advance. Visitor must make payment at once to the account number and details of Supply Chain Media made known to it.
- If the Client has a membership with Supply Chain Media, the Client must pay an annual contribution. The due contribution will be charged in advance.
- In the event of the sale of Products and the purchased subscription, the Client must annually pay the invoice to Supply Chain Media.
- The Client is obliged to fully reimburse the costs of third parties, which are deployed by Supply Chain Media after the Clients approval, unless expressly agreed otherwise.
- The Client cannot derive any rights or expectations from a budget issued in advance, unless the parties have expressly agreed otherwise.
- Supply Chain Media is entitled to annually increase the applicable prices and rates in accordance with the applicable inflation rates. Other price changes during the Agreement are only possible if and insofar as they are expressly laid down in the Agreement.
- The Client must pay these costs at once, without settlement or suspension, within the specified payment term as stated on the invoice to the account number and details of Supply Chain Media made known to it.
- In the event of liquidation, insolvency, bankruptcy, involuntary liquidation or request for payment towards the Client, the payment and all other obligations of the Client under the Agreement will become immediately due and payable.
Article 11 - Collection policy
- If the Client does not fulfill its payment obligation, and has not fulfilled its obligation within the specified payment term, the Client is in default by operation of law, being a Company. The Client, being a Consumer, will first receive a written reminder with a term of 14 days after the date of the reminder to still meet the payment obligation, including a statement of the extrajudicial costs if the Consumer does not meet its obligations within that term, before falls into default.
- From the date that the Client is in default, Supply Chain Media will be entitled, without further notice of default, to the statutory commercial interest from the first day of default until full payment, and compensation for the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code to be calculated according to the graduated scale from the decision on compensation for extrajudicial collection costs of 1 July 2012.
- If Supply Chain Media has incurred more or higher costs that are reasonably necessary, these costs are eligible for compensation. The full legal and execution costs incurred are also for the account of the Client.
Article 12 - Privacy, data processing and security
- Supply Chain Media handles the (personal) data of the Client with care and will only use it in accordance with the applicable standards. If so requested, Supply Chain Media will inform the person concerned about this.
- The Client is responsible for the processing of data that are processed using a service of Supply Chain Media. The Client also guarantees that the content of the data is not unlawful and does not infringe any rights of third parties. In this context, the Client indemnifies Supply Chain Media against any (legal) claim related to this data or the execution of the Agreement.
- If Supply Chain Media is required to provide information security under the Agreement, this security will meet the agreed specifications and a security level that, in view of the state of the art, the sensitivity of the data, and the associated cost is not unreasonable.
Article 13 - Suspension and dissolution
- Supply Chain Media has the right to retain the data, data files and more that it has received or has realized if the Client has not yet (fully) fulfilled its payment obligations. This right remains in full force if a reason for Supply Chain Media arises which justifies suspension in that case.
- Supply Chain Media is authorized to suspend the fulfillment of its obligations as soon as the Client is in default with the fulfillment of any obligation arising from the Agreement, including late payment of its invoices. The suspension will be immediately confirmed in writing to the Client.
- In that case, Supply Chain Media is not liable for damage, for whatever reason, as a result of the suspension of its activities.
- The suspension (and/or dissolution) will not affect the Clients payment obligations for work already performed. In addition, the Client is obliged to compensate Supply Chain Media for any financial loss that Supply Chain Media suffers as a result of the Clients default.
Article 14 - Force majeure
- Supply Chain Media is not liable if it is unable to fulfill its obligations under the Agreement as a result of a force majeure situation.
- Force majeure on the part of Supply Chain Media is in any case understood to mean, but is not limited to: (i) force majeure of suppliers of Supply Chain Media, (ii) failure to properly fulfill obligations of suppliers that the Client or its third parties have been prescribed or recommended to Supply Chain Media, (iii) defective software or any third parties involved in the performance of the service, (iv) government measures, (v) breakdown of electricity, internet, data network and/or telecommunication facilities, ( vi) illness of employees of Supply Chain Media or consultants engaged by it and (vii) other situations that, in the opinion of Supply Chain Media, fall outside its sphere of influence that temporarily or permanently prevent the fulfillment of its obligations.
- In the event of force majeure, both Parties have the right to dissolve the Agreement in whole or in part. In that case, all costs incurred before the dissolution of the Agreement will be paid by the Client. Supply Chain Media is not obliged to compensate the Client for any losses caused by such withdrawal.
Article 15 - Limitation of liability
- If any result laid down in the Agreement is not achieved, a shortcoming on the part of Supply Chain Media will only be deemed to exist if Supply Chain Media has expressly promised this result when accepting the Agreement.
- In the event of an attributable shortcoming on the part of Supply Chain Media, Supply Chain Media is only obliged to pay any compensation if the Client has given Supply Chain Media notice of default within 14 days after discovery of the shortcoming and Supply Chain Media has not subsequently addressed this shortcoming. has recovered within a reasonable period of time. The notice of default must be submitted in writing and contain such an accurate description/substantiation of the shortcoming, so that Supply Chain Media is able to respond adequately.
- If the provision of Services by Supply Chain Media leads to liability of Supply Chain Media, that liability is limited to the total amount invoiced in the context of the Agreement, but only with regard to the direct damage suffered by the Client, unless the damage is the result of intent or recklessness bordering on intent on the part of Supply Chain Media. Direct damage is understood to mean: reasonable costs incurred to limit or prevent direct damage, determining the cause of damage, direct damage, liability and the method of repair. The liability of Supply Chain Media is in any case limited to the maximum amount of damage that is paid out by the insurance company per event per year.
- Supply Chain Media expressly excludes all liability for consequential damage. Supply Chain Media is not liable for indirect damage, trading loss, loss of profit and/or loss suffered, missed savings, damage due to business interruption, capital losses, damage due to delay, interest damage and immaterial damage.
- The Client indemnifies Supply Chain Media against all claims from third parties as a result of a defect as a result of a service provided by the Client to a third party and which partly consisted of Services provided by Supply Chain Media, unless the Client can demonstrate that the damage is exclusively caused by the service of Supply Chain Media.
- Any advice provided by Supply Chain Media, based on information that is incomplete and/or incorrectly provided by the Client, is never a ground for liability on the part of Supply Chain Media.
- The content of the advice provided by Supply Chain Media is not binding and only advisory in nature. The Client decides itself and under its own responsibility whether it will follow the proposals and advice of Supply Chain Media mentioned herein. All consequences arising from the follow-up of the advice are for the account and risk of the Client. The Client is at all times free to make its own choices that deviate from the advice provided by Supply Chain Media. Supply Chain Media is not obliged to any form of refund if this is the case.
- If a third party is engaged by or on behalf of the Client, Supply Chain Media is never liable for the actions and advice of the third party engaged by the Client, as well as the processing of results (of advice prepared) by the third party engaged by the Client in Supply Chain Media. own advice.
- Supply Chain Media does not guarantee a correct and complete transmission of the content of and e-mail sent by/on behalf of Supply Chain Media, nor for the timely receipt thereof.
- All claims by the Client due to shortcomings on the part of Supply Chain Media will lapse if these have not been reported to Supply Chain Media in writing and with reasons within one year after the Client was or could reasonably have been aware of the facts on which it bases its claims. One year after the termination of the Agreement between the parties, the liability of Supply Chain Media lapses.
Article 16 - Confidentiality
- Supply Chain Media and the Client undertake to maintain the confidentiality of all confidential information obtained in the context of an assignment. Confidentiality arises from the assignment and must also be assumed if it can reasonably be expected that it concerns confidential information. Confidentiality does not apply if the information in question is already publicly/generally known, the information is not confidential and/or the information has not been disclosed to Supply Chain Media at the Client during the Agreement and/or by Supply Chain Media in any other way. is received.
- In particular, the secrecy pertains to advice, reports, designs, working methods and/or reporting regarding the assignment of the Client drawn up by Supply Chain Media. The Client is expressly prohibited from sharing its contents with employees who are not authorized to take cognizance of this and with (unauthorized) third parties. Furthermore, Supply Chain Media always exercises the required care in dealing with all business-sensitive information provided by the Client.
- If Supply Chain Media is obliged to provide the confidential information to the law or competent court or a designated third party on the basis of a statutory provision or a court decision and Supply Chain Media cannot invoke a right of nondisclosure, Supply Chain Media is Chain Media is not obliged to pay any compensation and does not give the Client any ground for dissolution of the Agreement.
- The transfer or distribution of information to third parties and/or publication of statements, advice or productions provided by Supply Chain Media to third parties requires the written permission of Supply Chain Media, unless such permission has been expressly agreed in advance. The Client will indemnify Supply Chain Media against all claims by such third parties as a result of reliance on such information that has been distributed without the written consent of Supply Chain Media.
- Supply Chain Media and the Client also impose the confidentiality obligation on the third parties to be engaged by them.
Article 17 - Intellectual Property Rights
- All IP rights and copyrights of Supply Chain Media, including in any case, but not limited to all designs, models, reports and advice, rest exclusively with Supply Chain Media and are not transferred to the Client unless expressly stated otherwise. agreed.
- If it has been agreed that one or more of the aforementioned items or works of Supply Chain Media will be transferred to the Client, Supply Chain Media is entitled to conclude a separate Agreement for this and to demand appropriate monetary compensation from the Client. Such compensation must be paid by the Client before it acquires the relevant items or works with the IP rights resting on them.
- The Client is prohibited from disclosing and/or multiplying, modifying or making available to third parties (including use for commercial purposes) all documents and software to which the IP rights and copyrights of Supply Chain Media rest, without express prior notice. written permission from Supply Chain Media. If the Client wishes to make changes to goods delivered by Supply Chain Media, Supply Chain Media must explicitly agree to the intended changes.
- The Client is prohibited from using the items and documents to which the intellectual property rights of Supply Chain Media rest other than as agreed in the Agreement.
- The parties will inform each other and take joint measures if an infringement of IP rights occurs.
Article 18 - Indemnification and correctness of information
- The Client itself is responsible for the correctness, reliability and completeness of all data, information, documents and/or documents, in whatever form, that it provides to Supply Chain Media in the context of a Agreement, as well as for the data it has obtained from third parties and which have been provided to Supply Chain Media for the performance of the Service.
- The Client indemnifies Supply Chain Media against any liability as a result of the failure to fulfill or not timely fulfill its obligations with regard to the timely provision of all correct, reliable and complete data, information, documents and/or documents.
- The Client indemnifies Supply Chain Media against all claims from the Client and third parties engaged by it or working under it, as well as from clients of the Client, based on the failure to obtain (timely) any subsidies and/or permissions required in the context of the implementation of the Agreement.
- The Client indemnifies Supply Chain Media against all claims from third parties arising from the work performed for the Client, including but not limited to intellectual property rights on the data and information provided by the Client that can be used in the performance of the Agreement. and/or the acts or omissions of the Client towards third parties.
- If the Client provides electronic files, software or information carriers to Supply Chain Media, the Client guarantees that these are free of viruses and defects.
Article 19 - Complaints
- If the Client is not satisfied with the service of Supply Chain Media or otherwise has complaints about the execution of its assignment, the Client is obliged to report these complaints as soon as possible, but at the latest within 7 calendar days after the relevant reason for led to the complaint. Complaints can be reported verbally or in writing via email@example.com with the subject “Complaint”.
- The complaint must be sufficiently substantiated and/or explained by the Client if Supply Chain Media is to be able to handle the complaint.
- Supply Chain Media will respond substantively to the complaint as soon as possible, but at the latest within 7 calendar days after receipt of the complaint.
- The parties will try to reach a solution together.
Article 20 - Applicable law
- The legal relationship between Supply Chain Media and the Client is governed by Dutch law.
- Supply Chain Media has the right to change these general terms and conditions and will inform the Client thereof.
- In the event of translations of these general terms and conditions, the Dutch version shall prevail.
- All disputes arising from or as a result of the Agreement between Supply Chain Media and the Client will be settled by the competent court of the Gelderland District Court (Zutphen location) unless mandatory provisions designate another competent court.
PART II Sales of magazines
These terms and conditions are in addition to and/or deviate from the general part of these general terms and conditions.
Article 21 - Term of the Agreement/Subscription
- The Agreement is entered into in the form of a subscription. The subscription is entered into for a period of one year.
- The subscription will be tacitly extended by one year (12 months) after the subscription period has expired, unless the Client has terminated the Agreement at least 1 month before the expiry of the relevant period without refund of monies already paid.
- The Client, being a Consumer, can terminate the subscription prematurely with due observance of a notice period of one month. For the Client, being a Company, the notice period is 3 months.
- The (digital) Product is published 8 times a year.
Article 22 - Delivery
- If the commencement, progress or delivery of the Agreement is delayed because, for example, the Buyer has not supplied all the requested information or has not provided it on time, does not provide sufficient cooperation, or the payment or deposit has not been received in time by Supply Chain Media or any delay occurs due to other circumstances beyond the control of Supply Chain Media, Supply Chain Media is entitled to a reasonable extension of the delivery or completion period. All agreed delivery times are never strict deadlines. The buyer must give Supply Chain Media a written notice of default and allow it a reasonable term to be able to deliver. The buyer is not entitled to any compensation due to the delay.
- After entering into a subscription, the Buyer must create an account with which he will gain access to the Digital Products that have been purchased. The Buyer can access the Digital Products by logging into the account. If the Buyer opts for a printed version of the Product, these will be sent as soon as possible to the address specified with the order. Any errors in the specified address are for the account and risk of the Buyer.
- The digital Products can be downloaded via a link in the account and stored on a durable data carrier of the Buyer. When opening this link you will be asked for a password. The Buyer should be aware that this link can only be used five times. As soon as the Buyer has saved the file on a data carrier, he can open the file indefinitely.
- New editions of the Products are not covered by the Agreement and must be purchased separately.
- If the purchase concerns printed or physical Products, the Buyer is obliged to accept the goods at the moment they are made available to it in accordance with the Agreement, even if they are offered to it earlier or later than agreed.
- If the Buyer refuses to take delivery or is negligent in providing information or instructions that are necessary for the delivery, Supply Chain Media is entitled to store the goods at the expense and risk of the Buyer.
- If the Products are delivered by Supply Chain Media or an external carrier, Supply Chain Media is entitled, unless otherwise agreed in writing, to charge any delivery costs. These will then be invoiced separately unless expressly agreed otherwise.
- If Supply Chain Media requires information from the Buyer in the context of the performance of the Agreement, the delivery time will only commence after the Buyer has made all information necessary for the performance available to Supply Chain Media.
- If Supply Chain Media has specified a term for delivery, this is indicative. Longer delivery times apply for delivery outside the Netherlands.
- Supply Chain Media is entitled to deliver the goods in parts, unless this is deviated from in the Agreement or the partial delivery does not have an independent value. Supply Chain Media is entitled to invoice the delivered separately.
- Supply Chain Media reserves the right to refuse delivery if there is a well-founded fear of non-payment.
Article 23 - Packaging and transport
- Supply Chain Media undertakes towards the Buyer to properly package the goods to be delivered and to secure them in such a way that they reach their destination in good condition under normal use.
- Unless otherwise agreed in writing, all deliveries are made including turnover tax (VAT), including packaging and packaging material.
- Accepting items without comments or comments on the consignment note or receipt serves as proof that the packaging was in good condition at the time of delivery.
Article 24 - Examination, complaints
- The buyer is obliged to examine the delivered goods or have them examined at the time of delivery or delivery, but in any event within 14 days of receipt of the delivered goods, but only to unpack or to the extent necessary to assess whether it retains the Product. In doing so, the Buyer must investigate whether the quality and quantity of the delivered goods correspond to the Agreement and whether the Products meet the requirements that apply to them in normal (trade) traffic.
- The Buyer is obliged to investigate and inform himself in which way the Product may be used, all in accordance with the license. Supply Chain Media accepts no liability for incorrect use of the Product by Buyer.
- Any visible defects or shortcomings must be reported to Supply Chain Media in writing after delivery at firstname.lastname@example.org. The buyer has a period of 14 days after delivery for this. Non-visible defects or shortcomings must be reported within 14 days after discovery, but at the latest within 6 months after delivery. In the event of damage to the Product due to careless handling by the Buyer itself, the Buyer is liable for any loss in value of the Product.
- If a complaint is made in time pursuant to the previous paragraph, the Buyer remains obliged to pay for the purchased goods. If the Buyer wishes to return defective goods, this will only take place with the prior written consent of Supply Chain Media in the manner indicated by Supply Chain Media.
- Supply Chain Media is entitled to initiate an investigation into the authenticity and condition of the returned Products before reimbursement will take place.
- Refunds to the Buyer will be processed as soon as possible, but the refund can take no later than 14 days after receipt of the Buyers declaration of dissolution. Refunds will be made to the previously specified account number.
- If the Buyer exercises its right to complain, the Buyer has no right to suspend its payment obligation nor to settle outstanding invoices.
Article 25 - Limitation of liability
- If the performance of the Agreement by Supply Chain Media leads to liability of Supply Chain Media towards the Buyer or third parties, that liability is limited to the costs charged by Supply Chain Media in connection with the Agreement, unless the damage is caused by intent or gross negligence.
- Supply Chain Media is not liable for consequential damage, indirect damage, loss of profit and/or loss suffered, lost savings and damage as a result of the use of the delivered Products is excluded.
- Supply Chain Media is not liable for and/or obliged to repair damage caused by the use of the Product. All damage to Products as a result of wearing and using is expressly excluded from liability (this includes traces of use, use damage, fall damage, light and water damage, theft, loss, etc.).
- Supply Chain Media is not liable for damage that is or may be the result of any act or omission as a result of (incomplete and/or incorrect) information on the website(s) or linked websites.
- Supply Chain Media is not responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or the unavailability of the website for whatever reason.
- Supply Chain Media does not guarantee a correct and complete transmission of the content of and e-mail sent by/on behalf of Supply Chain Media, nor for the timely receipt thereof.
- All claims by the Buyer due to shortcomings on the part of Supply Chain Media will lapse if these have not been reported to Supply Chain Media in writing and with reasons within one year after the Buyer was aware or could reasonably have been aware of the facts on which it bases its claims. All claims of the Buyer will in any case expire one year after the termination of the Agreement.
PART III Training and workshops (Event) and visit to Event
These terms and conditions are in addition to the general part of these terms and conditions.
Article 26 - Training and/or Workshop (Event)
- Supply Chain Media provides training for Client and Participants. If a training is referred to below, this also includes a workshop.
- Supply Chain Media is entitled to exclude participants if they do not meet the job profile required by Supply Chain Media. In addition, Supply Chain Media can maximize the number of participants.
- The training takes place online via Airmeet, unless another medium has been agreed.
- The training can also take place at a location to be determined by Supply Chain Media.
- The content of the training offered by Supply Chain Media and the advice given during the training are not binding and only of an advisory nature, but Supply Chain Media will observe its duties of care. The training is tailored as far as possible to the wishes of the Client as well as the needs of the relevant participant(s).
- Supply Chain Media determines the content of the training.
- Supply Chain Media is entitled to set a minimum number of Visitors or Participants for the Event or the training/workshop in view of the catering costs and location. Supply Chain Media has the right to cancel the agreement up to [X number] days before the start if the minimum number of participants is not met. Supply Chain Media will inform the Participant/Client/Visitor about this and will refund the money already paid.
- Participant or Visitor with a membership will receive an invitation from Supply Chain Media. If Visitor or Participant does not have a membership with Supply Chain Media, they will receive a one-off introduction free of charge and they may participate in the training once free of charge.
Article 27 - Admission Ticket
- If Visitor has received an invitation through his membership of Supply Chain Media, this invitation will serve as Admission Ticket.
- Admission tickets are personal and are issued once. Supply Chain Media may assume that the holder of the Admission Ticket is the person entitled there to.
- Visitor must refrain from reselling the Admission Ticket to third parties in any way, unless Supply Chain Media Visitor has given explicit permission to do so.
- Supply Chain Media reserves the right to set a maximum number of Admission Tickets that may be obtained per (potential) Visitor; the (potential) Visitor is in that case obliged to comply with this.
- The risk of damage, loss, misuse and theft of an Admission Ticket is for the account and risk of the Visitor.
- Tickets can be returned up to 14 days before the start of the Event. To this end, the Visitor must notify Supply Chain Media by telephone or in writing, or by e-mail. If the Visitor returns the Tickets on time, the Visitor is entitled to a refund of the full amount already paid.
- Admission Tickets may be declared invalid by or on behalf of Supply Chain Media and/or the Visitor may be denied access to the Event if it appears that the Admission Ticket has been obtained through fraud, misuse and/or violation in any other way.
Article 28 - Obligations Visitor
- Visitor is obliged to provide all information requested by Supply Chain Media as well as relevant data when agreeing to the Offer for the purpose of correct and efficient execution of the Agreement. This in any case includes the name, contact details and e-mail address.
- Supply Chain Media is not obliged to check the correctness and/or completeness of the information provided to it. In the event of incorrect and/or incomplete information, Supply Chain Media may deny Visitor access to the Event.
- If Supply Chain Media sends the Admission Ticket via electronic communication (e-mail), it will ensure that it can be provided in a secure manner. Supply Chain Media does not guarantee the confidentiality of the Admission Ticket nor the correct receipt thereof.
- Visitor is obliged to identify himself at the first request of Supply Chain Media and/or a third party engaged by it.
- During her visit to the Event, the Visitor must behave in accordance with public order, morality and the rules of decency applicable to the nature of the Event visited. If and insofar as applicable, Visitor must in this regard adhere to the directions and instructions given by (employees of) Supply Chain Media.
- Visitor must also comply with the COVID measures at the relevant location.
- Entering the Event venue is entirely at your own risk and responsibility. The Visitor is obliged to adhere to the safety regulations at all times.
- It is prohibited to bring glassware, alcoholic beverages, fireworks, (fire) weapons and/or other dangerous objects, in any case including all legally prohibited items and substances, to the Event.
- Minors must at all times be accompanied by an adult, whether or not they are the parent and/or legal representative. The adult is at all times responsible for the behavior of the minor and for ensuring compliance with the rules of conduct as referred to in these General Terms and Conditions.
- In the event of non-compliance with the rules of conduct and/or misconduct by the Visitor (and/or the minor), Supply Chain Media is entitled to terminate the Agreement and deny the Visitor concerned access to the Event.
Article 29 - Cancellation
Visitor or Participant must unsubscribe from the Event or training or workshop in good time. If Visitor or Participant does not unsubscribe in time and cancels the Agreement, Supply Chain Media is entitled to charge the following costs. In the event of cancellation up to one month before the start date, 25% of the ticket will be charged to the Client. Up to three weeks up to the start date, 65% of the ticket will be charged, and 75% of the ticket will be charged up to one week before the start date. Supply Chain Media is at all times entitled to charge higher costs if they incur more costs has for the performance of the Agreement.
Article 30 - Limitation of liability
- Supply Chain Media is not liable for the way in which the program is completed, whether or not in modified form, including the content and duration of the program of the Event.
- Supply Chain Media excludes its liability for loss of clothing, items and/or other property of the Visitor and as such does not accept any liability.
- Supply Chain Media is only liable for property and/or consequential damage suffered by the Visitor or injury caused to the Visitor, which is directly and exclusively the result of intent or gross negligence on the part of Supply Chain Media, on the understanding that only that damage is compensation is eligible, against which the Supply Chain Media is insured, or should have been insured in reasonableness and fairness, and for the maximum amount used therein. The liability of the Supply Chain Media is excluded for, among other things:
- damage as a result of the actions of third parties, including persons engaged by the Supply Chain Media for the Event and the persons engaged by these third parties;
- damage as a result of not following the instructions given by Supply Chain Media and of not complying with the generally applicable rules of decency;
- (consequential) damage as a result of unforeseeable changes in the starting and closing times of the Event;
- damage in any way caused by other Visitor and;
- damage as a result of loss, damage and/or theft of items or property of the Visitor and/or the holder of an Admission Ticket.
PART IV Catering
These terms and conditions are in addition to the general part of these terms and conditions.
Article 31 - Execution of the catering and obligations Client/Participant/Visitor
- The location where the Event takes place provides the catering. Any complaints about the catering are handled by this party. Supply Chain Media is not obliged to make any refunds in the event of a limited or incorrect service.
- Supply Chain Media does not guarantee the possible presence of traces of foodstuffs of which the Client has informed Supply Chain Media regarding the presence of possible allergies. Supply Chain Media is not liable for any injury and/or damage to the Customer and/or other attendees/participants as a result.
Doetinchem, June 22, 2021