Terms and Conditions
General terms and conditions GMTO Alkmaar B.V.
GMTO Alkmaar BV
Kepler Street 3
hereinafter referred to as GMTO,
GMTO: G.M.T.O. Alkmaar B.V., registered with the Chamber of Commerce under number 37054203
Buyer: the person who pays the money in an agreement and receives the product from GMTO
Agreement: (online) form with which a purchase or registration of a product is recorded
Product: a tangible good, a service, digital product or work.
1. These General Terms and Conditions apply to any offer, quotation or agreement between GMTO and a Buyer.
2. If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or should be annulled, the other provisions of these general terms and conditions will remain fully applicable. GMTO and the Buyer will then enter into consultation in order to agree on new provisions to replace the void or voided provisions, taking into account as much as possible the purpose and intent of the original provisions.
3. If there is a lack of clarity regarding the interpretation of one or more provisions of these general terms and conditions, the interpretation must be made 'in the spirit' of these provisions. Likewise, if a situation arises between the parties that is not regulated in these General Terms and Conditions, in that case this situation will be assessed in the spirit of these General Terms and Conditions.
4. If GMTO does not always require strict compliance with these General Terms and Conditions, this does not mean that the provisions thereof do not apply, or that GMTO would to any extent lose the right to enforce strict compliance with the provisions of these General Terms and Conditions in other cases. to desire.
2 Quotations and offers regarding the purchase of products and services
1. All quotations and offers from GMTO are without obligation. A quotation or offer lapses if the products and or services to which the quotation or offer relates are no longer available in the meantime.
2. GMTO cannot be held to its quotations or offers if the Buyer can reasonably understand that the quotations or offers, or a part thereof, contain an obvious mistake or clerical error.
3. The prices stated in a quotation or offer are exclusive of VAT and other government levies, any costs to be incurred in the context of the agreement, including shipping and administration costs, unless indicated otherwise.
4. If the acceptance (whether or not on minor points) deviates from the offer included in the quotation or offer, GMTO is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance, unless GMTO indicates otherwise.
5. Quotations have a maximum validity of 21 days unless stated otherwise on the quotation.
1. After the agreement regarding the products has been concluded, the product will be delivered to the Buyer. Delivery is ex works of GMTO, unless otherwise agreed. The Buyer is obliged to take delivery of the goods at the moment they are made available to him. If the Buyer refuses to accept or is negligent in providing information or instructions necessary for the delivery, GMTO is entitled to act at its own discretion at the expense and risk of the Buyer.
2. Delivery times can only be approximated and are not binding. Exceeding the term does not entitle the Buyer to cancellation of the agreement or compensation.
3. If the parties agree that GMTO will arrange and deliver the transport of products and/or services to the location, both the costs and the risk during the transport will be for the account of the customer.
4 Payment and collection
1. Payment must be made within 30 days of the invoice date. The customer is not entitled to set off a claim against GMTO against the amounts charged by GMTO.
2. GMTO has the right to invoice delivered goods or goods per partial delivery.
3. If the Buyer fails to pay an invoice on time, the Buyer is in default by operation of law and GMTO has the right to charge the Buyer the statutory interest on a monthly basis on the part thereof still owed. The interest on the amount due and payable will be calculated from the moment that the Buyer is in default until the moment of payment of the full amount owed.
4. GMTO has the right to have the payments made by the Buyer go first of all to reduce the costs, then to reduce the interest due and finally to reduce the principal sum and the current interest.
5. GMTO may, without being in default as a result, refuse an offer of payment if the Buyer designates a different order for the attribution of the payment. GMTO may refuse full repayment of the principal if the outstanding and current interest and collection costs are not also paid.
6. The Buyer is never entitled to set off the amount owed by him to GMTO.
7. Objections to the amount of an invoice do not suspend the payment obligation. The Buyer who is not entitled to section 6.5.3 (Articles 231 to 247 Book 6 of the Dutch Civil Code) is also not entitled to suspend payment of an invoice for any other reason.
8. If the Buyer is in default or in default in the (timely) fulfillment of its obligations, all reasonable costs incurred in obtaining payment out of court will be borne by the Buyer. The extrajudicial costs are calculated on the basis of what is customary in Dutch collection practice. However, if GMTO has incurred higher costs for collection that were reasonably necessary, the costs actually incurred will be eligible for compensation. Any judicial and enforcement costs incurred will also be recovered from the Buyer. The Buyer also owes interest on the collection costs owed.
5 Warranty and Liability
1. The products supplied by GMTO meet the usual requirements and standards that can reasonably be set at the time of delivery and for which they are intended under normal use in the European Union.
2. GMTO guarantees that the hardware it supplies is free from design, material and manufacturing defects for a period of 12 months after delivery.
3. Warranty for delivered products does not extend beyond repair of the delivered hardware or the free delivery of new parts (direct damage). All this is at the discretion of GMTO.
4. Consequential or indirect damage cannot be recovered from GMTO. Any liability of GMTO never extends to consequential or indirect damage.
5. If the warranty referred to in paragraph 2 applies and the item shows a defect, GMTO will repair and/or replace the item within 30 days after the Buyer has reported the defect in writing.
7. Products that are sent to us for warranty assessment must be sent to GMTO carriage paid and at your own risk. The return of these products must take place in consultation with GMTO and in a properly packaged manner.
8. The warranty lapses if the Buyer has caused the damage due to incorrect handling of a product.
9. The Buyer must demonstrate that the item shows a defect within the warranty period for which this warranty applies.
10. Any warranty claim lapses if the Buyer or third parties carry out or have carried out repairs or work on the delivered goods without written permission from GMTO.
11. After expiry of the warranty period, all costs for repair or replacement, including administration and shipping costs, will be charged to the Buyer unless otherwise agreed.
12. GMTO is not liable for the damage if the side has insured or could reasonably have insured against the damage in question.
6. Processing of personal data by GMTO
1. It is possible that GMTO processes personal data of participants for the purpose of its services. GMTO will only use the personal data of natural persons that are stored by GMTO for the execution of the subscription, the assignment or the agreement, or any such data within 36 months after termination of the aforementioned product or service.
2. All use of the personal data provided by the Buyer is in accordance with the applicable laws and regulations, including the General Data Processing Regulation that comes into effect on May 25, 2018.
3. GMTO is never responsible nor liable for the correctness of the personal data supplied by the Buyer to GMTO or made available by GMTO, is entered and stored or for the way in which the Buyer can access the aforementioned arranged personal data.
4. The Buyer indemnifies GMTO against all claims, also from third parties, with regard to the use of the personal data as stored by or on behalf of the Buyer in the applications made available by or on behalf of GMTO.
7 Defects and Complaint Terms
1. The Buyer must inspect the purchased product(s) upon delivery – or as soon as possible thereafter. In doing so, the Buyer must check whether the delivered goods comply with the agreement, namely: whether the correct goods have been delivered and whether the delivered goods correspond to what has been agreed.
2. If visible defects or shortcomings are found, the Buyer must report these to GMTO in writing within 8 days of delivery. In the event of a later notification, the Buyer is no longer entitled to compensation. Non-visible defects must be reported to GMTO in writing within 8 days of discovery and delivery. Even if the Buyer makes a timely complaint, his obligation to pay and accept orders placed will continue to exist. Goods can only be returned to GMTO after prior written permission.
3. In the event of return of items, the right of ownership reverts to GMTO under all circumstances.
8 Force majeure
1. GMTO is not obliged to fulfill any obligation towards the Buyer if it is prevented from doing so as a result of a circumstance that is not due to fault, and neither under the law, a legal act or generally accepted for its account. coming.
2. Force majeure in these general terms and conditions is understood to mean, in addition to what is understood in this regard in law and jurisprudence, all external causes, foreseen or unforeseen, over which GMTO cannot exercise any influence, but as a result of which GMTO is unable to fulfill its obligations. come.
3. GMTO may suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, each of the parties is entitled to dissolve the agreement, without any obligation to pay compensation to the other party.
9 Suspension, dissolution and early termination of the agreement
1. GMTO is authorized to suspend the fulfillment of the obligations or to dissolve the agreement,
in the event that:
- the Buyer does not, not fully or not timely fulfill the obligations arising from the agreement;
- the Buyer fails to fulfill its due and payable obligations under related agreements;
- circumstances that have come to the knowledge of GMTO after the conclusion of the agreement give good grounds to fear that the Buyer will not fulfill its obligations;
- when the agreement was concluded, the Buyer was requested to provide security for the fulfillment of its obligations under the agreement and this security is not provided or is insufficient;
- If, due to the delay on the part of the Buyer, GMTO can no longer be expected to fulfill the agreement under the originally agreed conditions, GMTO is entitled to dissolve the agreement.
2. Furthermore, GMTO is authorized to dissolve the agreement if circumstances arise of such a nature that fulfillment of the agreement is impossible or if otherwise circumstances arise that are of such a nature that unaltered maintenance of the agreement cannot reasonably be expected of GMTO. are required.
3. If the agreement is dissolved, GMTO's claims against the Buyer are immediately due and payable. If GMTO suspends the fulfillment of the obligations, it will retain its rights under the law and agreement.
4. If GMTO proceeds to suspension or dissolution, it is in no way obliged to compensate damage and costs incurred in any way.
5. If the dissolution is attributable to the Buyer, GMTO is entitled to compensation for the damage, including the costs, incurred directly and indirectly as a result.
6. If the Buyer does not fulfill its obligations arising from the agreement and this non-fulfilment justifies dissolution, GMTO is entitled to dissolve the agreement immediately and with immediate effect without any obligation on its part to pay any compensation or indemnification, while the Buyer, from due to breach of contract, is obliged to pay compensation or indemnification.
7. If the agreement is terminated prematurely by GMTO, GMTO will consult with the Buyer regarding the further work to be performed with regard to the agreement concerned, including any transfer to third parties. This unless the cancellation is attributable to the Buyer. If any transfer of the work to third parties entails additional costs for GMTO, these will be charged to the Buyer. The Buyer is obliged to pay these costs within the aforementioned term, unless GMTO indicates otherwise.
8. In the event of liquidation, of (application for) suspension of payments or bankruptcy, of attachment - if and insofar as the attachment is not lifted within three months - at the expense of the Buyer, of debt restructuring or any other circumstance that prevents the Buyer from can longer freely dispose of its assets, the GMTO is free to terminate the agreement immediately andto cancel or cancel the order or agreement with immediate effect, without any obligation on its part to pay any compensation or compensation. In that case, GMTO's claims against the Buyer are immediately due and payable.
10 Retention of Title and Reverse Engineering
1. GMTO reserves the ownership of the delivered products and services until the purchase price of these goods has been paid in full by the Buyer.
2. Except for mandatory statutory exceptions, Reverse Engineering of the GMTO products and the software present thereon is not permitted without the prior written consent of GMTO.
3. The E-learning developed by GMTO remains the property of GMTO at all times. All rights to further reproduction in any form are reserved by GMTO.
4. The customer is not authorized to pledge, otherwise store or transfer the products and services delivered subject to retention of title, as long as the ownership thereof has not been fully transferred to it.
5. Materials, models, techniques, methods, instruments, software, film, video and the like that are also supplied and used by GMTO for the execution of the agreement or that have arisen or will arise due to the execution of the agreement are, remain or will become or remain the full intellectual property of GMTO. Irrespective of the Buyer's contribution to actions that GMTO has performed in execution of the agreement.
11 Price increase and specification changes
GMTO is entitled to change the prices and specifications of products and services as stated on www.gmto.nl at any time it selects. Price increases and specification changes are valid and applicable from the moment they are visible as such on www.gmto.nl.
12 Workouts and training concepts
1. To register for the GMTO training concept, use can only be made of a digital registration form or via our website www.gmto.nl.
2. The degree program mentioned on the registration form has a duration stated with the choice made.
3. When paying per course year, the fee must be paid in the month prior to the start of the first module. When paying per month, the (monthly) invoicing starts in the month in which the first module starts.
4. GMTO will send Buyer a confirmation of receipt of the notification. After completing the annual planning, the Buyer will receive an overview of the dates on which the modules will be given and, if known, the locations will be stated. No later than two weeks before the start of the course module, the Buyer will receive a reminder with further details about the course.
5. Cancellation for a planned course module can only be made in writing up to two weeks before the start of a training. The student will then be given the opportunity to make up for the training at a later date.
6. In case of cancellation within two weeks before the start of the course, the Buyer owes GMTO the entire amount. If it appears that there is a plausible reason for canceling the training within two weeks before the start of the training, the student will be reassigned to a subsequent schedule for the relevant module. The plausible reason is;
• The death of one of the parents or in-laws, partner, child, brother or sister, if the training falls in the period from the day of death up to and including the funeral. The student must submit documentary evidence, for example a copy of the obituary or funeral card.
• The death of a brother-in-law or sister-in-law, grandparent or grandchild, if the training falls on the day of death or on the day of the funeral. The student must submit documentary evidence, for example a copy of the obituary or funeral card.
• The birth of a student's child on the day before training or on the day of training. The student must submit proof, for example a copy of the birth certificate.
7. After mutual consultation, a deregistered participant can be replaced without additional costs by an employee of the same employer as the student registered in the first instance. This new participant must be registered in writing.
8. GMTO reserves the right to postpone planned course modules due to a insufficient number of participants in GMTO's opinion.
9. If during a course it appears that the student does not have the prior knowledge required for the course, this will not lead to a refund of participation fees.
13 Applicable Law
Dutch law applies to every agreement between GMTO and the Buyer.