Terms & Conditions

E-mail: [email protected]
Website: www.nclsive.com

Article 1 – Definitions

Nclusive Events & More: Nclusive Events & More, located in Rotterdam, Chamber of Commerce number 93906137
Customer: the person with whom Nclusive Events & More has entered into an agreement.
Parties: Nclusive Events & More and Customer together.
Consumer: a Customer who is also an individual and who acts as a private person.

Article 2 – Applicability

These conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products on behalf of Nclusive Events & More.
Nclusive Events & More and the Customer can only deviate from these conditions if this has been agreed in writing.
Nclusive Events & More and the Customer expressly exclude the applicability of the general terms and conditions of the Customer or others.

Article 3 – Offers, quotations and acceptance

Offers and quotations from Nclusive Events & More are without obligation, unless expressly stated otherwise.
An offer or quotation is valid for a maximum of 14 days, unless a different period is stated in the offer or quotation.
Offers and quotations do not apply to repeat orders, unless Nclusive Events & More and the Customer agree in writing.
If a non-binding quotation or offer is accepted, Nclusive Events & More may withdraw the quotation or offer within 3 days of receipt of the acceptance, without the Customer having confirmed this in writing or electronically.
Verbal acceptance by the Customer only binds Nclusive Events & More after confirmation in writing or electronically.

Article 4 – Prices

Nclusive Events & More uses prices in euros, excluding VAT and any other costs incurred in the context of the agreement, such as travel and accommodation, shipping and administration costs, unless otherwise agreed in writing.
Nclusive Events & More may continually change the prices of its services and products on its website and in other communications.
Increases in the cost prices of products or parts thereof, which Nclusive Events & More could not foresee at the time of making the offer or concluding the agreement, may give rise to price increases.
The consumer may cancel the agreement due to a price increase in paragraph 3, unless the increase is the result of a legal regulation.
Nclusive Events & More determines the price of the service based on a starting rate and/or on the actual hours spent.
The price is calculated according to the usual hourly rates of Nclusive Events & More, applicable for the period in which the work is carried out, unless otherwise agreed in writing.
When Nclusive Events & More and the Customer agree on a total amount for a service, this is always a target price, unless otherwise agreed in writing.
Nclusive Events & More may deviate up to 10% from the target price.
Nclusive Events & More 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 may cancel the part of the order that exceeds the target price (plus 10%) if the target price is more than 10% higher.
Nclusive Events & More may adjust its prices annually.
Nclusive Events & More will communicate price adjustments to the Customer before their taking effect.
The consumer may terminate the agreement with Nclusive Events & More if he does not agree with the price increase.

Article 5 – Payments and payment terms

Nclusive Events & More may require a down payment of 50% of the agreed amount when entering into the agreement.
The Customer must make a subsequent payment within 14 days after delivery.
The payment terms used by Nclusive Events & More are strict payment terms. This means that if the Customer has not paid, no later than the last day of the payment term, he is automatically in default, without Nclusive Events & More having to send the Customer a reminder or give notice of default.
Nclusive Events & More may make delivery dependent on immediate payment or require security for the total amount of the services or products.
The Customer pays for products immediately.
Nclusive Events & More may require a down payment of 50% of the agreed amount when entering into the agreement for a service.
The Customer must pay the invoices to Nclusive Events & More within 14 days of the invoice date, unless otherwise agreed or a different payment term is stated on the invoice.
The payment terms mentioned are strict payment terms. If the Customer has not paid, no later than the last day of the payment term, he is automatically in default and in default, without Nclusive Events & More having to send the Customer a reminder or give notice of default.
Nclusive Events & More may make delivery subject to immediate payment or require security for the total amount of the service.

Article 6 – Right of Complaint

If the Customer is in default, Nclusive Events & More may invoke the right of recovery regarding the unpaid products delivered to the Customer.
Nclusive Events & More exercises its right of recovery by sending a written or electronic notification to the Customer.
As soon as the Customer has been informed of the invoked right of recovery, the Customer must immediately return the relevant products to Nclusive Events & More, unless otherwise agreed in writing.
The Customer pays the costs for retrieving or returning the products in paragraph 3.

Article 7 – Right of withdrawal

A consumer may cancel an online purchase within 14 days of purchase without giving any reason. This right of withdrawal does not apply when:

The product has been used
It is a product that has been tailor-made or adapted especially for the consumer
It is a product that cannot be returned for hygienic reasons
The seal is not intact if it is a data carrier with digital content
The product or service concerns accommodation, a trip, a restaurant business, transport, a catering assignment or a form of leisure activity
The product is a separate magazine or newspaper
This is an emergency repair
It concerns bets or lotteries
The consumer has waived their right of withdrawal
This concerns a service that, with the Customer’s consent, is fully performed within the cooling-off period and where the Customer has expressly stated that he waives the right of withdrawal.

The reflection period of 14 days in paragraph 1 starts:
On the day after the consumer has received the last product or part of 1 order
As soon as the consumer has concluded an agreement for the delivery of a service
As soon as the consumer has confirmed that he will purchase digital content via the internet
The consumer can use their cooling-off period by sending an email with that subject to [email protected]
The consumer is obliged to return the product to Nclusive Events & More, www.nclsive.com, within 14 days after communicating his right of withdrawal.
The consumer is obliged to return the product to Nclusive Events & More within 14 days after communicating his right of withdrawal, failing which his right of withdrawal will lapse.

Article 8 – Reimbursement of delivery and return costs

If the consumer has revoked their purchase on time and has returned the complete order to Nclusive Events & More on time, Nclusive Events & More will refund any shipping costs paid by the consumer to the consumer within 14 days of receipt of the fully returned order on time. .
The costs for delivery will only be borne by Nclusive Events & More if the entire order is returned.

Article 9 – Right of retention

Nclusive Events & More may exercise its right of retention and in that case, retain the Customer’s products until the Customer has paid all outstanding invoices of Nclusive Events & More, unless the Customer has provided sufficient security for those costs.
The right of retention also applies based on previous agreements, as a result of which the Customer suffers due to the use of his right of retention.

Article 10 – Retention of title and insurance

Nclusive Events & More remains the owner of all delivered products until the Customer has paid all outstanding invoices from Nclusive Events & More relating to the underlying agreement, including claims due to failure to comply.
Until then, in paragraph 1, Nclusive Events & More can exercise its retention of title and take back the goods.
When ownership has been transferred to the Customer, the Customer may not pledge, sell, dispose of or otherwise encumber the products.
If Nclusive Events & More makes use of its retention of title, the agreement will be canceled and Nclusive Events & More may demand compensation, lost profit and interest from the Customer.
The Customer must adequately insure the following items and keep them insured against, among other things, fire, explosion and water damage, and theft:
Delivered items that are necessary for the execution of the underlying agreement
Items from Nclusive Events & More that are present at the Customer
Goods that have been delivered under retention of title
At Nclusive Events & More’s first request, the Customer will provide the policy for these insurances for inspection.

Article 11 – Delivery

Delivery takes place within 1-3 business days after payment confirmation while stocks last.
Once the order has been shipped, the Customer will receive a confirmation email with tracking information.
Delivery takes place at Nclusive Events & More, unless otherwise agreed.
Delivery of products ordered online takes place at the address specified by the Customer.
If the Customer does not pay the agreed amounts or does not pay them on time, Nclusive Events & More may suspend its obligations until the Customer pays.
In the event of late payment, there is a creditor’s default, as a result of which the Customer cannot object to Nclusive Events & More for late delivery.

Article 12 – Delivery time and actual Nclusive Events & More delivery services

The delivery times of Nclusive Events & More are indicative. If delivery is made later, the Customer cannot derive any rights from this, unless otherwise agreed in writing.
The delivery time starts when the quotation signed for approval by the Customer to Nclusive Events & More has been confirmed to the Customer in writing or electronically by Nclusive Events & More.
The Customer will not receive any compensation and may not cancel the agreement if Nclusive Events & More delivers later than agreed. The Customer may cancel the agreement if this has been agreed in writing or if Nclusive Events & More cannot deliver within 14 days, after being notified in writing or if the Customer and Nclusive Events & More have agreed otherwise.
The Customer must ensure that the actual delivery of his ordered products can take place on time.

Article 13 – Transport costs

The customer pays the costs for transport, unless the Customer and Actual delivery have agreed otherwise in writing.

Article 14 – Packaging, shipping and storage

If the packaging of a delivered product is opened or damaged, the Customer must have the carrier make a note of this before receiving the product. If the Customer does not do this, he cannot hold Nclusive Events & More liable for any damage.
If the Customer arranges the transport of a product himself, he must report any visible damage to products or packaging to Nclusive Events & More before transport. If the Customer does not do this, he cannot hold Nclusive Events & More liable for any damage.
If the Customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely borne by the Customer.
Any additional costs resulting from premature or late purchase of products will be entirely borne by the Customer.

Article 15 – Warranty

If the Customer and Nclusive Events & More have entered into an agreement of a service nature, this only contains an obligation of efforts for Nclusive Events & More and therefore no obligation of result.
The warranty on products only applies to defects caused by defective manufacturing or construction or defective materials.
The warranty does not apply:

– in case of normal wear and tear

– for damage caused by accidents

– for damage caused by changes made to the product

– for damage due to negligence or improper use by the Customer

– when the cause of the defect cannot be clearly determined

The risk of loss, damage or theft of the products that Nclusive Events & More supplies transfers to the Customer as soon as they are legally or actually delivered, or at least come under the control of the Customer or of a third party who supplies the product for the Customer. receives.

Article 16 – Execution of the agreement

Nclusive Events & More will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
Nclusive Events & More may have the agreed services carried out in whole or in part by others.
The execution of the agreement takes place in consultation and after written agreement and payment of any advance payment by the Customer.
The Customer must ensure that Nclusive Events & More can start the execution of the agreement on time.
If the Customer does not ensure that Nclusive Events & More can start on time, the resulting additional costs will be borne by the Customer.
Nclusive Events & More is entitled to execute the agreement in different phases and to invoice the part thus executed separately. If the agreement is executed in phases, Nclusive Events & More may suspend the execution of those parts that belong to a subsequent phase until the Customer has approved the results of the preceding phase in writing.
The Customer ensures that all information that Nclusive Events & More indicates is necessary or of which the Customer should reasonably understand that it is necessary for the execution of the agreement, is provided to Nclusive Events & More in a timely manner.

Article 17 – Provision of information by the Customer

The Customer makes all information, data and documents that are relevant for the correct execution of the agreement available to Nclusive Events & More in a timely manner and in the desired format and manner.
The Customer guarantees the accuracy and completeness of the information, data and documents made available, even if they originate from third parties, unless otherwise dictated by the nature of the agreement.
When and insofar as the Customer requests this, Nclusive Events & More will return the relevant documents.
If the Customer does not provide the information, data or documents reasonably required by Nclusive Events & More, or does not do so on time or properly, and the execution of the agreement is delayed as a result, the resulting additional costs and extra hours will be borne by the Customer. .

Article 18 – Confidentiality

The Customer keeps secret all information, in whatever form, that he receives from Nclusive Events & More.
The same applies to all other information regarding Nclusive Events & More that the Customer knows or can reasonably suspect to be secret or confidential, or of which he can expect that its distribution could cause damage to Nclusive Events & More.
The Customer will take all necessary measures to ensure that it keeps information in paragraphs 1 and 2 confidential.
The confidentiality obligation described in this article does not apply to information:
Which was already public before the Customer learned this information or which subsequently became public without this being the result of a violation of the Customer’s confidentiality obligation
Which is made public by the Customer based on 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 its expiry.

Article 19 – Penalty clause and notice of default

If the Customer violates the article on confidentiality or intellectual property, he must pay Nclusive Events & More an immediately payable fine for each violation.
If the Customer is a consumer, the fine in paragraph 1 is €1,000.
If the Customer is not a consumer, the fine in paragraph 1 is €5,000.
In addition, the Customer must pay an amount of 5% of the applicable amount in paragraph 2 or 3 for each day that such violation continues.
The Customer must pay the fine in paragraph 1 without the need for notice of default or legal proceedings. There also does not have to be any damage.
In addition to the fine in paragraph 1, Nclusive Events & More may also demand compensation from the Customer.

The Customer must notify Nclusive Events & More in writing of any notice of default.
The Customer is responsible for ensuring that his notice of default actually reaches Nclusive Events & More on time.

Article 20 – Indemnity

The Customer indemnifies Nclusive Events & More against all claims from others related to the products and/or services supplied by Nclusive Events & More.

Article 21 – Complaints

The Customer must examine a product or service provided by Nclusive Events & More as quickly as possible for any shortcomings.
If a delivered product or service does not meet what the Customer could reasonably expect, the Customer must inform Nclusive Events & More thereof within 1 month after discovering the shortcoming.
A consumer must inform Nclusive Events & More of this within 2 months of discovering the shortcoming.
The Customer provides as detailed a description as possible of the shortcoming, so that Nclusive Events & More can respond appropriately.
The Customer must demonstrate that the complaint relates to an agreement between the Customer and Nclusive Events & More.
If a complaint concerns ongoing work, the Customer cannot demand that Nclusive Events & More perform other work than agreed.

Article 22 – Liability and expiration period

When Nclusive Events & More enters into an agreement with multiple Customers, each of them is jointly and severally liable for complying with the agreements in that agreement.
Nclusive Events & More is only liable for damage suffered by the Customer if that damage is caused by intent or deliberate recklessness.
If Nclusive Events & More is liable for damage, this only applies to direct damage related to the execution of an underlying agreement.
Nclusive Events & More is not liable for indirect damage, such as consequential damage, lost profits or damage to third parties.
If Nclusive Events & More is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance policy. If no insurance has been taken out or no damage amount is paid out, liability is limited to (part of the) invoice amount to which the liability relates.
All images, photos, colors, drawings, descriptions on the website or in a catalog are indicative only and cannot lead to any compensation, dissolution or suspension.
Any right of the Customer to compensation from Nclusive Events & More expires 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Article 23 – Dissolution

The Customer may cancel the agreement if Nclusive Events & More imputably fails to fulfill its obligations, unless these shortcomings do not justify termination due to their special nature or minor significance.
If fulfillment of the obligation by Nclusive Events & More is still possible, dissolution can only take place after Nclusive Events & More is in default.
Nclusive Events & More may cancel the agreement with the Customer if the Customer does not fully or timely fulfill its obligations under the agreement, or when Nclusive Events & More has become aware of circumstances that give it good grounds to assume that the Customer will not fulfill their obligations.

Article 24 – Force majeure

In addition to Article 6:75 of the Dutch Civil Code, a shortcoming of Nclusive Events & More by the Customer cannot be attributed to Nclusive Events & More when there is force majeure.
The force majeure situation in paragraph 1 also includes:

– a state of emergency such as a civil war or natural disaster

– breach of contract or force majeure of suppliers, deliverers or others

– power, electricity, internet, computer or telecom disruptions

– computer viruses

– strikes

– government measures

– transport problems

– bad weather conditions

– work stoppages

If a force majeure situation occurs as a result of which Nclusive Events & More cannot fulfill 1 or more obligations to the Customer, those obligations will be suspended until Nclusive Events & More can fulfill them.
From the moment that a force majeure situation has lasted at least 30 calendar days, both the Customer and Nclusive Events & More may cancel the agreement in whole or in part in writing.
Nclusive Events & More does not have to pay compensation to the Customer in a force majeure situation, even if Nclusive Events & More benefits from this.

Article 25 – Changes to agreement

If it is necessary to change a concluded agreement for its implementation, the Customer and Nclusive Events & More can adjust the agreement.

Article 26 – Changes to general terms and conditions

Nclusive Events & More may change these general terms and conditions.
Nclusive Events & More may always make changes of minor importance.
Nclusive Events & More will discuss major changes with the Customer in advance as much as possible.
A consumer may terminate the underlying agreement in the event of a major change to the general terms and conditions.

Article 27 – Transfer of rights

The Customer cannot transfer any rights under an agreement with Nclusive Events & More to others without written permission from Nclusive Events & More.
This provision applies as a clause with property law effect as in Article 3:83 paragraph 2 of the Dutch Civil Code.

Article 28 – Consequences of nullity or voidability

If 1 or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Nclusive Events & More had in mind when drawing up the conditions on that point.

Article 29 – Intellectual property

Nclusive Events & More reserves the rights and powers vested in it under the Copyright Act and other intellectual laws and regulations. Nclusive Events & More has the right to use the knowledge gained through the execution of an agreement for other purposes, as long as no strictly confidential information of the Customer is made known to third parties.

Article 30 – Applicable law and competent court

Dutch law applies to these general terms and conditions and any underlying agreement between the Customer and Nclusive Events & More.
The judge in the district where Nclusive Events & More has its registered office has exclusive jurisdiction to hear any disputes between the Customer and Nclusive Events & More, unless the law provides otherwise.

Prepared on April 30, 2024.

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