Terms and conditions
1. All agreements concluded between Catena Company BV (hereinafter referred to as “Catena Company”) and the customer are subject to the following general conditions. All other conditions, as well as all deviations from the following general conditions, even if they emanate from a representative of Catena Company, must, in order to be opposable to Catena Company, be expressly accepted by Catena Company in writing. The present general conditions always prevail over the conditions emanating from the customer or a third party, even if Catena Company has not expressly protested them.
2. Catena Company’s offers, as well as the data and attachments provided by it, are for information purposes only and do not bind Catena Company. Prices stated in quotations are valid, unless expressly provided otherwise, for thirty days from the date of quotation. Catena Company’s specifications and price quotations are based on cost factors (direct, indirect costs and taxes) as applicable at the time of the quotation. Catena Company has the right to adjust its prices if changes occur in any of these factors after the quotation has been prepared.
3. Each order from the customer binds the customer, but Catena Company shall only be bound after an order has been confirmed by it in writing. Orders accepted by representatives of Catena Company are only binding once confirmed in writing by Catena Company.
4. Unless otherwise agreed in writing, all invoices of Catena Company are payable in cash at no cost to Catena Company. In the case of trainings, workshops or events, the invoice is sent before the start of the training, workshop or event. The client’s payment obligation is not suspended by the filing of even a manifestly justified complaint or legal claim about the services and/or goods delivered.
Catena Company’s prices are in euros and do not include VAT.
If payment is not made by the due date, interest on arrears of 1.5% per month from the due date of the invoice until the date of payment in full shall be payable on the invoice amount by operation of law and without prior notice of default. A started month will be counted as a whole month. Furthermore, in the event of non-payment, liquidated damages shall be payable at a flat rate of 15%, with a minimum of €74.50, without prejudice to any other rights that Catena Company may assert. Costs related to unpaid bills of exchange or checks as well as other collection costs are not included in the aforementioned liquidated damages and are charged separately to the Customer. In the event of non-payment, Catena Company also has the right, without prior notice, to suspend all further deliveries to the customer and/or declare current agreements terminated by operation of law and/or immediately recover all outstanding invoices not yet due, without prejudice to Catena Company’s right to claim performance and/or damages from the customer.
As long as the invoice has not been paid, the delivered goods remain the property of Catena Company. In the absence of full payment, Catena Company may, following notice, recover the delivered goods from the customer, without prejudice to any damages to which Catena Company may be entitled. In such case, payments already made by the customer will be irrevocably retained by Catena Company.
Any protest against an invoice must be made in writing within 8 days of the invoice date. The customer is obliged to always indicate the date and number of the invoice. Delays or additional work resulting from the absence of such information shall give rise to compensation.
5. In the event of cancellation of an order, the customer shall be liable for liquidated damages in the amount of 40% of the sale price of the order.
6. With respect to the products provided by Catena Company and, in particular, with respect to the software, the quality, performance or suitability for any purpose is neither expressly nor impliedly guaranteed.
7. Cancellation of trainings, workshops or events
Cancellation within 5 working days before the start of the training, workshop or event: the registration fee will not be refunded under any circumstances. Cancellation within 14 working days before the start of the training, workshop or event: 50% of the registration fee will be credited. Cancellation more than 14 days before the start of training, workshop or event: 100% of the registration fee will be credited.
Late cancellations make it very difficult for Catena Company to arrange for possible new registrations, making it uncertain whether the training, workshop or event can take place. If the cancellation is based on a serious reason (death, serious long-term illness etc.), which can be supported by legal evidence, the full amount will of course be credited.
8. Complaints regarding the training courses, workshops or events will only be processed if they are communicated in writing to the administrative headquarters of Catena Company within 5 days following the last training day. These complaints must also be indicated on the evaluation forms offered to the course participants at the end of each training, workshop or event.
Catena Company reserves the right to cancel a training, workshop or event in the event of insufficient enrollment. Students who have already paid at that time will be informed in a timely manner.
Another date will be proposed or another solution will be offered for the training in question. If it proves impossible to engage enough participants for this training, the amount already paid will be credited.
9. In case of unexpected illness of a teacher or any other reason preventing a planned training, workshop or event from taking place, Catena Company will, in consultation with the participants, reschedule the training, workshop or event. Under no circumstances can the registration fee or any part thereof be claimed back.
10. Catena Company will try to provide syllabi related to the training courses given, but does not guarantee this for all training courses. In most cases we work with provided syllabi from different manufacturers. The syllabi are the intellectual property of the author and may never be copied and/or used for purposes that interfere with and/or compromise the commercial interests of Catena Company or the author. Under no circumstances are our courses or parts of them used for training purposes or education outside of Catena Company without prior written permission from Catena Company.
11. Damage done to the equipment in or connected to the training room will be claimed from the person who did the damage. The participant will be immediately denied access to the room and premises. Participants agree to treat the equipment as if it were their own.
12. Each participant agrees under no circumstances to copy and/or misappropriate software or data used in the training room or linked areas in any way. Similarly, company or customer data that comes into the hands of participants unlawfully via internal networks and/or exercises may not be passed outside the training room. In short, all data used should be kept completely confidential by participants. If it is found otherwise, legal action will be taken and the participant will be immediately denied access to the room and premises. The terms training room and premises also include the online platforms indicated or provided by Catena Company for trainings, workshops, events or data exchange.
13. It is strictly forbidden to gain insight via internal networks on databases and/or data carriers that may or may not be used under the direction of an instructor. Any infringement may lead to prosecution as such acts may be considered industrial espionage activities. The participant will be immediately denied access to the training room and premises.
14. Catena Company can never be held responsible for information considered inaccurate for any reason. Untruths or inaccuracies communicated by our teachers can never be charged, whatever the consequence.
15. Catena Company shall in case of force majeure, such as but not limited to e.g. In case of force majeure, such as but not limited to war, mobilization, riots, state of siege, strike or lockout, fire, lightning, overvoltage, total or partial stagnation of the transport apparatus, illness or accident among the personnel of Catena Company, or operational failure or default on the part of Catena Company’s suppliers, Catena Company will always have the right either to suspend its commitments for the duration of the force majeure situation or, if the force majeure lasts for more than six months, to terminate the agreement by operation of law, without Catena Company being liable to pay compensation in either case.
16. Catena Company reserves the right to consider the contract terminated by operation of law and without prior notice in the event of the dissolution, liquidation or bankruptcy of the customer, or if the customer ceases its activities or applies for judicial composition, or in any other case in which it appears that the credit of the customer is faltering.
17. Under no circumstances shall the Customer be entitled to transfer the agreement with Catena Company or the rights and obligations arising therefrom to a third party without the prior written consent of Catena Company.
18. Any dispute regarding the conclusion, validity, interpretation or execution of the agreements between Catena Company and the customer shall be governed by Belgian law. In case of dispute, the courts of the judicial district of Turnhout shall have exclusive jurisdiction.