General Terms and Conditions for Aufguss Creations

Article 1: Definitions
1.1 Trainer: Aufguss Creations, owned by Sigrid van Rijswijk, based in Nijmegen, registered with the Chamber of Commerce under number 91959705, VAT number: NL004927317B98.
1.2 Participant: The individual or entity who registers for a course or service offered by Aufguss Creations.
1.3 Agreement: These General Terms and Conditions form the agreement between Aufguss Creations and the Participant.

Article 2: Applicability
2.1 These General Terms and Conditions apply to all services and courses offered by Aufguss Creations. By registering for a course or service, the Participant agrees to these terms.
2.2 All quotations and offers from Aufguss Creations are subject to these terms.

Article 3: Offer and Acceptance
3.1 All offers from Aufguss Creations are non-binding unless otherwise agreed in writing.
3.2 An agreement is concluded when the Participant accepts the offer from Aufguss Creations, for example by completing a registration and/or making a (down) payment.
3.3 Aufguss Creations reserves the right to withdraw an offer without giving reasons, even after a (down) payment has been made, provided that the amount already paid is fully refunded to the Participant.

Article 4: Prices and Payment Terms
4.1 The course prices are clearly stated on the specific course page or in the agreement. Payments may take place as follows:

• Down Payment + Invoice for Remaining Balance: For most courses, a down payment is required to confirm the reservation, and the remaining amount will be invoiced after the course.
• Full Prepayment: Some courses require full prepayment. This will be clearly communicated on the course page and in the confirmation email.

4.2 Price Misunderstandings: Aufguss Creations is not responsible for any misunderstandings regarding the prices. If it is clearly communicated that the down payment only covers part of the total fee, the Participant remains responsible for the remaining amount.

4.3 Discount Codes: Discount codes are personal and non-transferable. In case of misuse, the remaining amount including the applied discount will still be invoiced. If a discount code is used by someone who has not previously participated in a course at Aufguss Creations, that person will be invoiced for the remaining balance plus the amount of the discount.

4.4 Invoice Details and Payment Terms: After completing the training, Participants will receive an invoice within 3 working days. The invoice is considered overdue after 2 weeks. The Participant will then be notified of default and will have 1 week to pay the outstanding amount. If the payment is not made within the given period, the invoice will be considered in default and immediately payable. The invoice may then be handed over to a debt collection agency.

Article 5: Cancellation and Refund Policy
5.1 Cancellations by Participant:

• More than 1 month before the course: If the Participant cancels more than 1 month before the course, the down payment/full payment will be fully refunded.
• Within 1 month of the course: If the Participant cancels within 1 month of the course, the down payment will not be refunded.
• No Show: If the Participant does not attend the course after making a down payment, they are not required to pay the remaining balance, but the down payment will not be refunded.

5.2 Aufguss Creations may, depending on the circumstances, offer appropriate solutions, such as participating in another course at a discount, but this is entirely at the discretion of Aufguss Creations.

5.3 Cancellations by Aufguss Creations: Aufguss Creations reserves the right to cancel a reservation at any time and without giving reasons, even after a down payment has been made. In that case, the full amount paid will be refunded to the Participant. If the trainer is unavailable due to reasons other than force majeure, Aufguss Creations will reschedule the training or offer an alternative trainer. If no alternative is possible, the Participant will receive a refund.

Article 6: Liability
6.1 Aufguss Creations is not liable for any damage the Participant may suffer as a result of the services provided, unless caused by intent or gross negligence.
6.2 The liability of Aufguss Creations is limited to the amount paid by the liability insurance.

Article 7: Participant Responsibilities
Participants must ensure that they are well-prepared and on time for the training. Participants are responsible for bringing their own towels, comfortable clothing, water, and lunch, unless otherwise indicated.

Article 8: Course Modification
8.1 The course details (dates, times, locations, trainers, content) as listed on the website and in the confirmation email are valid for the course for which the Participant has registered.

8.2 Significant Changes: If significant changes are made to the course details (such as changes to location, date, or trainer), Aufguss Creations will notify the Participant in a timely manner.

8.3 Minor Changes and Right to Modify Course Content: Aufguss Creations reserves the right to make minor changes without prior notice. These may include small adjustments to the schedule or content that do not affect the overall goals of the course.

Article 9: Intellectual Property
All training materials and content provided by Aufguss Creations are the intellectual property of Aufguss Creations. These materials may not be reproduced, distributed, shared, or made public without written consent.

In case of unauthorized use or distribution of the intellectual property, the responsible party will be subject to a penalty of €500 per violation, payable to Aufguss Creations. This penalty is in addition to any claims for damages that Aufguss Creations may have under applicable law.

Article 10: Privacy Policy
Aufguss Creations processes personal data in accordance with the GDPR. Personal information will only be used for course registration and management purposes and will not be shared with third parties without consent. Requests to delete data will be processed within 10 working days.

Article 11: Dispute Resolution
Any disputes arising from these terms will be governed by Dutch law. Both parties will first attempt to resolve the dispute amicably. If this is not possible, the dispute will be submitted to the competent court in Gelderland.

Article 12: Final Provisions
Aufguss Creations reserves the right to amend these terms and conditions. Participants will be informed of any changes before they take effect.

Article 13: Contact Information
For questions, please contact j.verheijen@aufgusscreations or call +316 137 190 49.

latest time of update 3-10-2024