Terms and conditions

Definitions

Guitar lessons Boeckx: Guitar lessons Boeckx, located at Torenblokstraat 5/6, 2610 Wilrijk, Belgium under Chamber of Commerce number BE0821224962.
Customer: the person with whom Guitar lessons Boeckx has entered into an agreement.
Parties: Gitaarlessen Boeckx and customer together.
Consumer: a customer who is also an individual and who acts as a private person.

Applicability of general terms and conditions

These conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Gitaarlessen Boeckx.
Parties may only deviate from these conditions if they have expressly agreed to this in writing.
Parties expressly exclude the applicability of additional and/or deviating general conditions of the customer or third parties.

Prices

All prices used by Gitaarlessen Boeckx are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or otherwise agreed.
All prices used by Gitaarlessen Boeckx for its products or services, on its website or otherwise made known, can be changed by Gitaarlessen Boeckx at any time.
The price with regard to a service is determined by Gitaarlessen Boeckx on the basis of the actual hours spent.
The price is calculated according to the usual hourly rates of Gitaarlessen Boeckx, applicable for the period in which he performs the work, unless a different hourly rate has been agreed.
If the parties have agreed on a total amount for a service provided by Gitaarlessen Boeckx, this is always a guideline price, unless the parties have expressly and in writing agreed on a fixed price, from which no deviation is possible. Gitaarlessen Boeckx is entitled to deviate up to 10% from the guideline price.
If the target price is more than 10% higher, Gitaarlessen Boeckx must inform the customer in a timely manner why a higher price is justified.
If the target price is more than 10% higher, the customer has the right to cancel the part of the order that exceeds the target price plus 10%.
Gitaarlessen Boeckx has the right to adjust the prices annually.
Prior to the start thereof, Gitaarlessen Boeckx will communicate price adjustments to the customer.
The consumer has the right to terminate the agreement with Gitaarlessen Boeckx if he does not agree with the price increase.
All prepaid lessons and lessons in the form of a gift voucher are valid for a maximum of 1 year and will not be refunded under any circumstances. Gift vouchers are always registered in the name and cannot be passed on to another beneficiary.
All guitar lessons that are cancelled within 48 hours before the appointment will be charged at half the price. All guitar lessons where the student does not show up without notification will be charged in full.
All prepaid group lessons must be taken on the previously agreed dates and cannot be postponed under any circumstances. Only group lessons that cannot be met by the instructor due to overbooking or too few registrations will be refunded in the last week before the start of the first group lesson with a written notice.

Consequences of not paying on time

If the customer does not pay within the agreed term, Gitaarlessen Boeckx is entitled to charge interest of 1% per month from the day the customer is in default, whereby a part of a month is counted as a whole month.
If the customer is in default, he is also liable to pay extrajudicial collection costs and any compensation to Gitaarlessen Boeckx.
The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
If the customer does not pay on time, Gitaarlessen Boeckx may suspend its obligations until the customer has fulfilled his payment obligation.
In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims of Gitaarlessen Boeckx on the customer are immediately due and payable.

Suspension right

Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this Agreement.

Settlement

Unless the customer is a consumer, the customer waives his right to offset a debt to Gitaarlessen Boeckx against a claim on Gitaarlessen Boeckx.

Insurance

The customer undertakes to sufficiently insure and keep insured the following items against, among other things, fire, explosion and water damage as well as theft:
1. Delivered items that are necessary for the execution of the underlying agreement
2. Items of Gitaarlessen Boeckx that are present at the customer's premises
Items that have been delivered under retention of title The customer shall provide the policy of these insurances for inspection at the first request of Gitaarlessen Boeckx.

Warranty

When parties have entered into an agreement with a service-oriented nature, this only contains obligations of effort for Gitaarlessen Boeckx, not obligations of result.

Execution of the agreement

Gitaarlessen Boeckx will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship.
Gitaarlessen Boeckx has the right to have the agreed services (partially) performed by third parties.
The agreement will be executed in mutual consultation and after written agreement and payment of any agreed advance payment by the customer.
It is the customer's responsibility that Gitaarlessen Boeckx can start executing the agreement in a timely manner.
If the customer has not ensured that Gitaarlessen Boeckx can start executing the agreement in a timely manner, the resulting additional costs and/or additional hours will be charged to the customer.

Information provided by the customer

The customer shall make all information, data and documents relevant to the correct execution of the agreement available to Gitaarlessen Boeckx in a timely manner and in the desired form and manner.
The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless the nature of the agreement dictates otherwise.
If and to the extent that the customer requests this, Gitaarlessen Boeckx shall return the relevant documents.
If the customer does not, does not timely or does not properly make available the information, data or documents reasonably requested by Gitaarlessen Boeckx and the execution of the agreement is delayed as a result, the resulting additional costs and extra hours shall be borne by the customer.

Duration of the agreement

The agreement between Gitaarlessen Boeckx and the customer is entered into for the duration of , unless the nature of the agreement dictates otherwise or the parties have expressly agreed otherwise in writing
If an agreement has been entered into for a fixed period, it will be tacitly converted into an agreement for an indefinite period after the term has expired, unless 1 of the parties terminates the agreement with due observance of a notice period of 2 months, or a consumer terminates the agreement with due observance of a notice period of 1 month, then the agreement ends by operation of law.
If the parties have agreed on a term for the completion of certain activities within the term of the agreement, this is never a fatal term. If this term is exceeded, the customer must give Gitaarlessen Boeckx written notice of default.

Disclaimer

The customer indemnifies Gitaarlessen Boeckx against all claims from third parties related to the products and/or services supplied by Gitaarlessen Boeckx.

Complaints

The customer must examine a product delivered or service provided by Gitaarlessen Boeckx as soon as possible for any shortcomings.
If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform Gitaarlessen Boeckx of this as soon as possible, but in any case within 1 month after discovering the shortcomings.
Consumers must inform Gitaarlessen Boeckx of this no later than 2 months after discovering the shortcomings.
The customer must provide a description of the shortcoming in as much detail as possible, so that Gitaarlessen Boeckx is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this cannot in any case lead to Gitaarlessen Boeckx being required to perform other work than agreed.

Notice of default

The customer must notify Gitaarlessen Boeckx of any defaults in writing.
It is the customer's responsibility that a default notice actually reaches Gitaarlessen Boeckx (in time).

Customer's joint and several liability

If Gitaarlessen Boeckx enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts that they owe Gitaarlessen Boeckx under that agreement.

Liability Guitar Lessons Boeckx

Gitaarlessen Boeckx is only liable for any damage suffered by the customer if and to the extent that such damage is caused by intent or deliberate recklessness.
If Gitaarlessen Boeckx is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.
Gitaarlessen Boeckx is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.
If Gitaarlessen Boeckx is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance and in the absence of (full) payment of the damage amount by an insurance company, the liability is limited to the (part of the) invoice amount to which the liability relates.
All images, photos, colours, drawings, descriptions on the website or in a catalogue are only indicative and are only approximate and cannot give rise to compensation and/or (partial) termination of the agreement and/or suspension of any obligation.

Expiration period

Any right of the customer to compensation from Gitaarlessen Boeckx expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of article 6:89 of the Civil Code.

Right to dissolution

The customer has the right to terminate the agreement if Gitaarlessen Boeckx is culpably in breach of its obligations, unless this breach, given its special nature or minor significance, does not justify termination.
If the fulfilment of the obligations by Gitaarlessen Boeckx is not permanently or temporarily impossible, termination can only take place after Gitaarlessen Boeckx is in default.
Gitaarlessen Boeckx has the right to terminate the agreement with the customer if the customer does not fulfil his obligations under the agreement in full or in a timely manner, or if Gitaarlessen Boeckx has become aware of circumstances that give him good reason to fear that the customer will not be able to fulfil his obligations properly.

Force majeur

In addition to the provisions of article 6:75 of the Dutch Civil Code, a failure by Gitaarlessen Boeckx to fulfil any obligation towards the customer cannot be attributed to Gitaarlessen Boeckx in a situation beyond the control of Gitaarlessen Boeckx, which prevents the fulfilment of its obligations towards the customer in whole or in part or which makes it unreasonable to expect Gitaarlessen Boeckx to fulfil its obligations.
The force majeure situation referred to in paragraph 1 also includes - but is not limited to: emergency (such as civil war, uprising, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
If a force majeure situation occurs as a result of which Gitaarlessen Boeckx cannot fulfil 1 or more obligations to the customer, then those obligations will be suspended until Gitaarlessen Boeckx can fulfil them again.
From the moment that a force majeure situation has lasted for at least 30 calendar days, both parties may terminate the agreement in writing in whole or in part.
Gitaarlessen Boeckx is not liable for any (damage) compensation in a force majeure situation, not even if it enjoys any benefit as a result of the force majeure situation.

Amendment of the agreement

If, after the conclusion of the agreement, it appears necessary to change or supplement its content for its execution, the parties shall adjust the agreement accordingly in a timely manner and in mutual consultation.

Changes to general terms and conditions

Gitaarlessen Boeckx is entitled to change or supplement these general terms and conditions.
Changes of minor importance can be implemented at any time.
Gitaarlessen Boeckx will discuss major substantive changes with the customer in advance as much as possible.
Consumers are entitled to terminate the agreement in the event of a significant change to the general terms and conditions.

Transfer of rights

The rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Gitaarlessen Boeckx.
This provision applies as a clause with property law effect as referred to in article 3:83, paragraph 2, Civil Code.

Consequences of nullity or voidability

If one or more provisions of these general terms and conditions prove to be null and void or voidable, this will not affect the other provisions of these terms and conditions.
A provision that is null and void or voidable will in that case be replaced by a provision that comes closest to what Gitaarlessen Boeckx had in mind when drawing up the terms and conditions on that point.

Applicable law and competent court

Every agreement between the parties is exclusively subject to Dutch law.
The Dutch court in the district where Gitaarlessen Boeckx is established / practices / has its office is exclusively authorized to hear any disputes between the parties, unless the law prescribes otherwise.