Terms & Conditions
- Wisselbanck: Wisselbanck B.V., established in Amsterdam, Chamber of Commerce no. 84440414.
- Customer: the party which Wisselbanck has entered into an agreement with.
- Parties: Wisselbanck and customer together.
- Consumer: a customer who is an individual acting for private purposes.
- These terms and conditions will apply to all tickets sold by Wisselbanck for Banking Renaissance Retreat and Conference.
- Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
- The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
- All prices used by Wisselbanck are in euros, are exclusive of VAT, unless expressly stated otherwise, and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
- Wisselbanck is entitled to adjust all prices for its tickets, on its website or otherwise, at any time.
- The parties agree on a total price for a service provided by Wisselbanck.
Payments and payment term
- The customer must pay the full amount at times of purchase.
- Payment terms are considered as fatal payment terms.
Right of withdrawal
- A consumer may cancel an online purchase during a cooling-off period of 7 days without giving any reason, provided that:
- The cooling-off period of 7 days as referred to in paragraph 1 commences:
a. on the day after the consumer has purchased the ticket or part of 1 order
- The cooling-off period of 7 days as referred to in paragraph 1 ends before commencement of the event
- The consumer can notify his right of withdrawal via email@example.com
Suspension of obligations by the customer
The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
Right of retention
- Wisselbanck can appeal to his right of retention of title and in that case retain the products sold by Wisselbanck to the customer until the customer has paid all outstanding invoices with regard to Wisselbanck, unless the customer has provided sufficient security for these payments.
- The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Wisselbanck.
- Wisselbanck is never liable for any damage that the customer may suffer as a result of using his right of retention of title.
Retention of title
- Wisselbanck remains the owner of all purchased tickets until the customer has fully complied with all its payment obligations with regard to Wisselbanck and Wisselbanck has confirmed the registration of customer following ticket purchase
- Until then, Wisselbanck can invoke its retention of title and take back the ticket.
- Delivery takes place within 3 days of purchase.
- Delivery takes place electronically by Wisselbanck unless the parties have agreed upon otherwise.
The customer must ensure that the actual delivery of the tickets ordered by him can take place in time, and ensure emails from firstname.lastname@example.org can be received.
- When parties have entered into an agreement with services included, these services only contain best-effort obligations for Wisselbanck, not obligations of results.
Performance of the agreement
- Wisselbanck executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
- Wisselbanck has the right to have the agreed services (partially) performed by third parties.
- The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer.
- It is the responsibility of the customer that he/she can attend the event on the date it is organised.
Duty to inform by the customer
- The customer shall make available to Wisselbanck all information, data and documents relevant to the correct execution of the agreement to in time and in the desired format 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 otherwise ensuing from the nature of the agreement.
- If and insofar as the customer requests this, Wisselbanck will return the relevant documents.
- The customer agrees that Wisselbanck will take photos and record videos during the event, and these photos and videos will be published on the Wisselbanck websites and in their social media channels.
- The customer keeps any information he receives (in whatever form) from Wisselbanck confidential.
- The same applies to all other information concerning Wisselbanck of which he knows or can reasonably suspect that it is secret or confidential, or of which it can expect that its disclosure may cause damage to Wisselbanck.
- The customer takes all necessary measures to ensure that he keeps the information referred to in paragraphs 1 and 2 secret.
- The obligation of secrecy described in this article does not apply to information:
a. which was already made public before the customer heard this information or which later became public without being the result of a violation of the customer’s duty to confidentiality
b. which is made public by the customer due to a legal obligation
- The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after the end thereof.
- If the customer violates the articles of these general terms and conditions about secrecy or intellectual property, then he forfeits on behalf of Wisselbanck an immediately due and payable fine of € 1.000 if the customer is a consumer and € 5.000 if the customer is a company, for each violation and in addition an amount of 5% of the aforementioned amount for each day that this violation continues.
- No actual damage, prior notice of default or legal proceedings are required in forfeiting the fine referred to in the first paragraph of this article.
- The forfeiture of the fine referred to in the first paragraph of this article shall not affect the other rights of Wisselbanck including its right to claim compensation in addition to the fine.
The customer indemnifies Wisselbanck against all third-party claims that are related to the products and/or services supplied by Wisselbanck.
Joint and several Client liabilities
If Wisselbanck enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Wisselbanck under that agreement.
Liability of Wisselbanck
- Wisselbanck is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
- If Wisselbanck is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
Every right of the customer to compensation from Wisselbanck shall, in any case, expire within 1 month after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.
- Wisselbanck has the right to dissolve the agreement with the customer, if the customer is considered to be a competitor of Wisselbanck or any of its brands. This decision is at the sole discretion of Wisselbanck.
- In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Wisselbanck in the fulfillment of any obligation to the customer cannot be attributed to Wisselbanck in any situation independent of the will of Wisselbanck, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Wisselbanck .
- The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
- If a situation of force majeure arises as a result of which Wisselbanck cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Wisselbanck can comply with it.
- From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
- Wisselbanck does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
Modification of the agreement
If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement
its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.
Changes in the general terms and conditions
- Wisselbanck is entitled to amend or supplement these general terms and conditions.
- Changes of minor importance can be made at any time.
- Major changes in content will be discussed by Wisselbanck with the customer in advance as much as possible.
- Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
- The customer cannot transfer its rights deferring from an agreement with Wisselbanck to third parties without the prior written consent of Wisselbanck.
- This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.
Consequences of nullity or annullability
- If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
- A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Wisselbanck had in mind when drafting the conditions on that issue.
Applicable law and competent court
- Dutch law is exclusively applicable to all agreements between the parties.
- The Dutch court in the district where Wisselbanck is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.
Drawn up on November 9 2022.