General terms & conditions ICC Netherlands
1.1 “ICC”: the company with the trade name International Chamber of Commerce Netherlands, Dutch registration trade number: 40408358. Address: Bezuidenhoutseweg 12, 2594 AV The Hague (Malietoren). Contact: by e-mail (email@example.com) or telephone (070-3836646).
1.2 “Members”: companies and organizations that are members of ICC, The World Business Organization or ICC Netherlands at the time of registration of a Meeting or of the scheduling of a Meeting or when placing an order for a Publication.
1.3 “Other Party”: any natural or legal person, acting in furtherance of a profession and/or business, or a consumer who has reached an agreement with ICC for Participants to attend a Meeting or have a Meeting organized by ICC, in these Terms and Conditions will also be referred to as “you”;
1.4 “Buyer”: the natural or legal person, acting in furtherance of her/his profession and/or business and every Consumer who has entered into an agreement for the purchase of Publications from ICC Netherlands, will also be referred to in these Conditions as “you”.
1.5 “Consumer” means the natural person who is not acting in furtherance of a profession or business.
1.6 “Publication”: the Publication(s) to be delivered to you by or through ICC, within a specific term, when entering into an agreement between you and ICC, and for which you must pay a specified price .
1.7 “Meeting”: all meetings organized by ICC, including training sessions, In Company training sessions, seminars, webinars, presentations, masterclasses and/or conferences;
1.8 “Participant”: the natural person who is registered to participate in one of the Meetings;
1.9 “Registration Fee”: the price in Euros, excluding VAT, for attending or having ICC organize a Meeting;
1.10 “Terms” means these terms and conditions.
2.1 These Terms and Conditions apply to every offer, quotation and the creation, content and fulfillment of all agreements entered into with ICC for ordering Publications, attending Meetings by Participants and organizing Meetings. Other general terms and conditions are expressly rejected.
2.2 Placing an order, registering (on behalf of a Participant) to participate in a Meeting or issuing an assignment for the organization of a Meeting implies that you accept the applicability of these Terms.
- Offer, entering into the agreement
3.1 The offer includes a description of the offered Publications or Meetings. If an offer is made subject to conditions, this will be explicitly stated in the offer. All offers are without obligation. Obvious mistakes or errors in the offer are not binding on ICC.
3.2 The agreement between ICC and you is final when you:
a. have completed an order for a Publication or registration for a Meeting by making the payment for it via the Incoterms2020.nl publication webshop; or
b. have placed an order for a Publication or have registered by completing the applicable order/ registration form for a Meeting via the ICC website or the Incoterms2020.nl website and then clicking the “order” button or the “registration” button, or
c. have received a confirmation from ICC stating that your request, via your email message, to order a Publication or register a Participant(s) to attend a Meeting or assignment to organize a Meeting has been accepted and confirmed.
3.3. Each agreement to purchase a Publication is entered into subject to the unequivocal condition of sufficient availability of the Publications ordered.
- Pricing, registration fees and payments
4.1 The listed prices for the offered Publications and the listed Registration Fees for the Meetings are in Euros, exclusive of VAT and exclusive of shipping costs, any taxes or other incumbrances. Certain discounts may apply to Members.
4.2 Payment must be made, without negotiations, via the payment options indicated in the Incoterms2020.nl webshop or in case of orders via icc.nl or by email request within fourteen (14) days from receipt of the invoice.
5.1 The program of the Meetings is described on the website of icc.nl or on the incoterms2020.nl website, in the respective email or in the offer containing the information and/ or related materials for the relevant Meeting. ICC reserves the right to make changes to the program, location and organization of the Meeting at any time.
5.2 If the Participant is a different person than the Other Party, the Other Party guarantees that the Participant fulfills the obligations under the agreement.
5.3 Whether the Meetings will go forward as planned or not dependents on a sufficient amount of registrations and Participants. If, in the opinion of ICC, there are insufficient registrations/Participants for a Meeting, ICC has the right to cancel the Meeting at any time. Participants and/or Other Parties will be notified by e-mail, to the e-mail address provided to ICC on the registration form, no later than one (1) week before the planned date of the Meeting. Any Registration Fees that have already been paid will be refunded. For webinars, the Participants and/or Other Parties will be notified by e-mail, to the e-mail address provided to ICC on the registration form, no later than three (3) days before the planned date of the Meeting
5.4 If registration for or the assignment of the organization of the Meeting is based on the execution of the agreement by a particular person, ICC is nevertheless entitled to replace that person with another of equivalent qualifications.
5.5 ICC reserves the right to use third parties for the execution of the agreement(s).
- Intellectual Property Rights
6.1 All intellectual property rights that pertain to, or are connected to, the information and/or materials presented or distributed in the context of the Meeting, remain the rights of ICC or third parties. The information and/or materials obtained in the context of the Meeting is solely meant for the Participants own use. The Participant is not permitted to reproduce, distribute or publish the information and/or materials obtained in any way, in whole or in part, without the prior written consent of the rightful party.
- Substitution and cancellation
7.1 If a Participant is unable to attend a Meeting, the Other Party/Participant can request to have a replacement from the same organization participate in lieu of the original Participant, provided that the Other Party/Participant notifies ICC of this via email at the latest one (1) working day before the Meeting. If the Participant has received a member discount, it is only possible to have a replacement use the member discount if the replacement is a member of ICC as well.
7.2 Participant/Other Party may cancel her/his registration and/or participation of the Meeting via email to ICC.
a. Seminar: In case of cancellation within seven (7) days before the Meeting, 100% of the Registration Fee is due. The date on which ICC receives the email is decisive for the date on which the cancellation takes place.
b. Webinar: In case of cancellation within three (3) days before the Meeting, 100% of the Registration Fee is due. The date on which ICC receives the email is decisive for the date on which the cancellation takes place.
c. In Company Training: In case of cancellation within fourteen (14) days before the Meeting, 100% of the Registration Fee is due. The date on which ICC receives the email is decisive for the date on which the cancellation takes place.
d. If the cancellation of the Meeting does not take place within the above-mentioned period, 100% of the Registration Fee is due.
7.3 In the event of insufficient participation, ICC reserves the right to cancel the Meeting up to five (5) days before the scheduled date of the Meeting without ICC being liable for any compensation. The Participant will be notified of this as soon as possible. If possible, a suitable alternative will be offered. If the Participant uses this option, the registration fee will not be refunded.
- Delivery of Publications
8.1 After ICC has received your order, it will be processed as follows:
a. in case of an order via the Incoterms2020.nl publication webshop, ICC will send the Publication, if available and subject to available ICC office staff, within five (5) working days;
b. in case of an order in accordance with article 3.2 sub b or c:
i. Buyer is a member: ICC will send the ordered Publication if available and subject to available ICC office staff, together with the invoice within five (5) working days.
ii. Buyer is not a member: ICC will first send an electronic invoice to the e-mail address provided to ICC. Within five (5) working days after receipt of full payment, ICC will, subject to available ICC office staff, send the ordered Publication if in fact available.
8.2 If the delivery term referred to in Article 8.1 is exceeded by ICC, ICC will inform the Buyer of this. In which case the Buyer has the option to dissolve the agreement. This can be done by e-mail or by letter.
8.3 Shipment takes place in a manner that ICC deems appropriate, given the nature and size of the order. ‘Standard shipping’ via PostNL is common. Please contact ICC Netherlands to discuss other forms of shipping if so desired. ICC will send all orders to the shipping address you have provided in writing.
8.4 Subject to proof to the contrary, the files maintained by the administration of ICC serves as proof of the orders placed with ICC, payments made and deliveries made by ICC.
8.5 If delivery of an ordered Publication proves to be impossible or cannot be sent within the period stated in 8.1, ICC will contact the Buyer within a reasonable period of time after receipt of the order, and if possible and appropriate will offer alternatives.
- Retention of title and risk
9.1 Ownership of the delivered Publication only transfers if the Buyer has paid all outstanding invoices to ICC under any agreement. The risk with regard to the Publication passes to the Buyer at the time of delivery.
- Special Right of Withdrawal Consumers
10.1 If you are a Consumer, after you have received the Publication you ordered, you have the option to dissolve the underlying agreement with ICC within fourteen (14) working days of receipt. You do not have to give a reason whatsoever.
10.2 If you wish to dissolve the agreement pursuant to Article 10.1 of these Terms you must notify ICC by letter or e-mail. You must immediately return the Publication to ICC. You will bear the costs and the risk of the return of the Publication.
10.3 Payments already made by you at the time you revoke the agreement with ICC, pursuant to clauses 10.1 and 10.2 of these Terms, will be refunded to you by ICC within fourteen (14) days after ICC has received the Publication returned by you.
10.4 ICC reserves the right to refuse a returned Publication or to credit only part of the amount already paid:
a. when it is reasonably suspected by ICC that the Publication has been used or copied, or
b. when the Publication is damaged, other than through ICC’s fault.
10.5 If you return a Publication which, in ICC’s judgment, has been damaged by an act or omission to act attributable to you or otherwise occurred at your risk, ICC will notify you by letter or email. ICC reserves the right to deduct the reduction in value of the Publication as a result of this damage from the amount to be refunded to you.
- Claims/ Complaints
11.1 The Publications must be in compliance with the request and the applicable agreement. You have the obligation to investigate whether the Publication complies with your request and the agreement upon delivery.
11.2 If the Publication appears to be defective, you can request ICC by letter or e-mail to repair, replace or deliver the missing or defective part of the Publication as long as your request is made within ten (10) working days after you have received the Publication.
11.3 If you request ICC to repair, replace or deliver the missing or defective portion of the Publication, ICC will ensure that the Publication is repaired or replaced within ten (10) working days after it has received the written request for rectification from you. The costs of the return, replacement and/or repair of the Publication, and the shipping costs of the Publication will be borne by ICC, unless it is evident that the absence of (or part of) the Publication or the lack of the Publication is attributable to you or otherwise caused at your expense and risk. In that case, ICC is not obligated to repair the defect of the Publication or to replace the missing part of the Publication. When this happens, ICC will return the Publication to you in the same condition in which ICC received the Publication from you initially.
- Force Majeure
12.1 ICC is not respnsible and cannot be held liable for any damage(s) resulting from failure to perform its obligations under any agreement, including but not limited to, deviations from agreed dates and times, location, speakers, date and/or time, as a result of circumstances beyond its control, attributable to the law, legal act(s) or generally accepted views. In addition to the foregoing, postal delays, unavailability of Publications, lack of staff within ICC, unavailability of speakers due to extreme weather conditions, pandemic, illness, death, family circumstances, strikes, roadblocks or blockages, accidents or transportation problems, the unreachable or unusable location of the Meeting as a result of strikes, extreme weather conditions, road closures or blockades, calamities or closure by order of the authorities, pandemic, Act of God, etc. will be regarded as force majeure.
13.1 Except in the case of intent or gross negligence, any liability of ICC under the agreement to purchase a Publication is limited to the amount actually paid by the Buyer for the order from which the liability arises.
13.2 Although the information/materials offered in the context of the Meetings has been compiled with care, ICC does not accept any liability for any damage that is directly or indirectly the result of actions and/or decisions that are (partly) based on the information and/or the materials related to a Meeting.
13.3 Except in the case of intent or gross negligence, any liability of ICC towards a Participant/Other Party in connection with an agreement to participate in or organize a Meeting is limited to the amount that the insurance actually pays regarding the damages caused by the event. If several claims arise from the same event causing the loss/ damages, the amount paid out by the insurance company regarding the loss/ damages caused by the event will be divided pro rata among the claimants. In that case, the liability of ICC for that particular event causing the loss/ damages per claimant is limited to the pro rata amount. If, for whatever reason, no payment is made by an insurance company, ICC’s liability for damage under the agreement to participate in or organize a Meeting is limited to the amount actually paid by the Participant/Other Party under the relevant agreement.
- Personal data, photo and video
14.1 ICC will maintain the information you provide in a file. This data will be used and stored in order to execute the agreement, the provision of services by ICC, to comply with legal (administrative) obligations of ICC, the prevention, detection and deterrence of fraud or similar irregularities, possible complaint handling and dispute resolution.
14.2 You have the right to inspect and correct your personal data. In addition, you can object to certain processing operations as indicated by you, provided that they are not necessary to complete the terms of the agreement or arise from a legal obligation.
14.4 Your data may be shared with the speakers of the Meeting, and possibly with the staff of these speakers, for the purpose of a thorough preparation for the Meeting. By registering for a Meeting you fully agree hereto.
14.5 Photos or videos can be taken at our Meetings. By participating in our Meetings, you consent to the use of these photos for commercial and non-commercial purposes. If you do not want to be photographed or filmed, you must indicate this yourself to the photographer or to one of our employees prior to the Meeting. For a webinar it is impossible to fulfill this request which means that if you participate in an ICC webinar or online Meeting you agree to the recording of the webinar.
- Applicable law, competent court and proper venue
15.1 All rights, obligations, offers, orders, Meetings and agreements to which these Terms apply, as well as this particular term, are exclusively governed by Dutch law. Disputes are submitted in the first instance to a competent court in The Hague, the Netherlands.