General Terms & Conditions

You may only use the VAN GOUBERGEN P&M website/services if you agree to our General Terms & Conditions, therefore read the following carefully!

These General Terms & Conditions are exclusively applied to the commercial relations, existing and future, between VAN GOUBERGEN P&M (VAN GOUBERGEN P&M gcv, Belgium, BTW BE 0449.320.232), hereunder called "VAN GOUBERGEN P&M", and the user of the VAN GOUBERGEN P&M website/service, hereunder called "the client" or “the user”. All supplementary conditions asked by the client and unconformable with these General Terms & Conditions will be rejected, unless special written and signed agreement from VAN GOUBERGEN P&M.

1 Warranty

This web site and web services are provided AS IS without any warranty whatsoever either express or implied of its availability, accuracy of content or suitability for any given purpose. VAN GOUBERGEN P&M is not liable for any direct, indirect, incidental, special, consequential, punitive or other damages whatsoever, arising out of or in connection with your access to or use of this site or the services listed herein. This includes loss of privacy, loss of computer data, loss of profit or business revenue. This limitation applies even if VAN GOUBERGEN P&M has been advised of, or foresees, the possibility of any damages occurring. In the event of VAN GOUBERGEN P&M's liability, the liability shall be limited to the amount already paid by the client for the service under the General Terms & Conditions of this agreement.

The warranty period of each product is defined in the product description of the corresponding product.

1.1 Warranty on the software products purchased on the VAN GOUBERGEN P&M website

If it is not indicated otherwise in the product description, the client has the right to a 12-month warranty period after the client’s purchase of the product (delivery date). During this warranty period VAN GOUBERGEN P&M will do everything in his power to promptly correct  errors and at no charge to the client. After this 12-month warranty period, the client has the possibility to purchase an extended support.

Products which must be licensed on a yearly bases automatically include a 12 month extended warranty period per purchased license.

2 Intellectual Property Rights

All original content on this site is the intellectual property of VAN GOUBERGEN P&M or his suppliers, and subject to the Copyright Laws of Belgium. By accessing this web site you agree not to use any information on this site or linked to this site in any claims, proceedings, suits or actions against VAN GOUBERGEN P&M. VAN GOUBERGEN P&M is not responsible for the availability, content or integrity of any third party site linked to by this site. You may not reproduce, modify, store, archive or in any way commercially exploit any of the content of this site without the express written permission of VAN GOUBERGEN P&M.

2.1 Ownership of source material

If it is not stated otherwise in the product description, VAN GOUBERGEN P&M is the owner of all original source material (e.g. source code, pictures, etc.) used in the development of any product (e.g. software, internet site, etc.) with the exception of the source material provided by the client. The final product in compiled form (non-source code) is the property of the client after payment of all prices defined in the order or invoice and after delivery of the product. Any computer source code or third party module used in the development of the products is the property of VAN GOUBERGEN P&M and the ownership will not be transferred to the client by the delivery of the products.

3 Using, Linking to this website and Posting messages

You may not use the VAN GOUBERGEN P&M website if you are under the age of 18 or if you are not able to form legally binding contracts or if you were suspended by VAN GOUBERGEN P&M from using the system.

The client agrees to only place an order when he will purchase and pay for the ordered product(s) and/or services.

If one would like to link to this site, you are free to do so providing you comply with the following guidelines and any applicable laws: A web site may link to, but not replicate the content of this site, must not present false information about VAN GOUBERGEN P&M and must not be a web site which does not comply with all relevant laws and regulations.

When posting messages and other material on the VAN GOUBERGEN P&M websites you agree to the rules presented here. The client agrees not to post any Material on the VAN GOUBERGEN P&M websites, which is illegal and/or indecent and/or untrue, encourage others to do so or otherwise help make such actions possible. The client is held personally and financially responsible that he/she will not save, broadcast, send or forward within or through the VAN GOUBERGEN P&M websites any material that is protected by copyright, trademark or other owner's rights without the expressed permission of the legal owner(s) of these rights. The User is held financially responsible for any possible disputes arising from the material he/she publishes on this site, as well as any and all costs or reparations to be paid as a result of said actions.

The client may not create additional material from the material provided by the VAN GOUBERGEN P&M website, as is or modified, offer to sell or rent or loan unmodified or modified material, nor otherwise distribute this material to third party or display or otherwise benefit commercially from the Material without the expressed permission from VAN GOUBERGEN P&M. The client may not include the VAN GOUBERGEN P&M website or any part of it in his own website (e.g., via a page frame or by any other technique).

The client may not scan the VAN GOUBERGEN P&M website continuously with an automated service, such as a robot if this action is determined to sufficiently increase the load on the VAN GOUBERGEN P&M website. VAN GOUBERGEN P&M or his Partners have the right, but are not required, to edit or reject material provided by Users for inclusion to the Service e.g. in the form of comments.

4 The Provided Service

VAN GOUBERGEN P&M has the right to freely change the service, its availability and the technical requirements for the equipment needed to use it. VAN GOUBERGEN P&M has the right to provide the website service in any way VAN GOUBERGEN P&M finds best. Additionally, VAN GOUBERGEN P&M has the right to stop providing the service all together or temporarily suspend it, should VAN GOUBERGEN P&M decide to do so because of any reason. VAN GOUBERGEN P&M will notify the users about possible significant changes within a reasonable time frame before the changes take effect, through the VAN GOUBERGEN P&M website and/or by sending a notification to the Users' billing- or email addresses. VAN GOUBERGEN P&M will do its best to attempt to minimize any possible Service interruptions, so that they will be as short as possible and so that any impacts caused by them will be as small as possible. VAN GOUBERGEN P&M has the right to deny access to any User if he is willing to do so because of any reason.

5 Prices

All prices mentioned on the VAN GOUBERGEN P&M website or in correspondence with the client are in Euro, they do not include any taxes and or VAT. All taxes are the responsibility of the client.

6 VAT

Our products and services are for sale worldwide. All prices within the European Union include Belgian 21% VAT rates, unless the product is exempt (e.g. for companies with a valid VAT number in the EU no VAT is  applied). No discount will be given on products where VAT is not chargeable, nor accountable to the authorities within the European Union. Where VAT is chargeable, we reserve the right to amend our prices to reflect any changes in VAT that may occur. The new price will be shown on the product page on the site, your order confirmation email and delivery note.

Outside the European Union no VAT is applied.

7 License fees

When it is indicated in the product description there must be a license fee paid every year on the expiry date of the purchase in order to be able to use the licensed product further. The purchase price of the product always includes 1 year license fee.

The product license is automatically extended and invoiced every year 1 month before the expiration date of the license.

The client can cancel the automatic extension of the license by a written request by registered post 2 months before the expiration of the current license. In case of not doing so the license is automatically extended as stated above.

In case the client cancels the license, the client agrees to not use the product after the expiration of the current license and delete/destroy the product and any backup copies of it immediately.

8 Payment

The client may get access to different payment methods as credit card payment, bank/wire transfer, etc. In all cases the purchased products will only be delivered to the client after receiving the payment on our bank account:

VAN GOUBERGEN P&M gcv

Eikenlaan 51
2275 Lille
Belgium

Bank account:
646-8192581-72
IBAN BE38646819258172
SWIFT BNAGBEBB

Bank address:
Nagelmackers 
Sterrenkundelaan 23
B-1210 Brussel
BELGIUM

When paying with bank/wire transfer, or with an other not direct payment method, the payment is due within 30 days from invoicing date. If the client asks the written permission of VAN GOUBERGEN P&M for a 60 DAYS payment term, 2% will be added to the total price. For 90 DAYS payment term, 4% will be added to the total price. The non-payment at the due date will by law and without additional upfront notification, result in charges for administration, extrajudicial recollection and contractual damage, as well as late payment interests (based on a reference interest rate of the European Central Bank which is revised every 6 months). This does not exclude the possibility of additional relevant recollection charges. Late payment charges: 10% of the outstanding amount (with a minimum of 25 EUR) + intrests. If VAN GOUBERGEN P&M can prove the existence of damages, which exceed the value of the late payment charges due to the non-payment, VAN GOUBERGEN P&M is entitled to reparation of prejudice. VAN GOUBERGEN P&M has the right to ask partial pre-payment of the invoice upon exception of the order by the client. When partial pre-payment is applicable and in case of non-payment within 30 days after receipt of the confirmation of the order by the client, VAN GOUBERGEN P&M has the right to cancel this agreement without previous notification and without any compensation to the client. No products are transferred to the client before receiving the payment.

9 Returns Policy and Refunding

Software including the source code can not be refunded after it has been purchased and received by the client! It is the responsibility of the client to test the products before purchasing software including the source code in order to be sure to be willing to purchase the product.

The client may cancel an order of a software product (except for software including source code, c.f. above) within two weeks after the client has received it. The client may return new, unopened items from a cancelled order within 2 weeks after they have been delivered to the client. Items should be returned in their original packaging. In such case the purchase price minus handling and delivery costs will be refunded to the client within 30 days after accepting the cancellation of the order and after receiving the returned products.

9.1 Trainings organised by VAN GOUBERGEN P&M

When a training registration is canceled by the client within 15 working days before the start of the training, the client is not entitled for a refund and will be invoiced the complete registration fee. He will receive all printed training material. When the training is canceled earlier than 15 working days from the start of the training the client is entitled for a refund of 75% of the total invoice. When the training registration is canceled by the client but the client brings a replacement person for the same training the client will be entitled for a 100% refund after receiving the full payment from the replacement person.

VAN GOUBERGEN P&M has the right to deny the training registration of any potential or existing client because of any reason, e.g. when the participant personally or through his company or another organisation is organising or conducting competing training classes. In this case the client will receive a 100% refund of the classes that are not taken.

9.2 In company trainings and on site consulting activities organised by VAN GOUBERGEN P&M

As soon as the dates are agreed upon, we will reserve these agreed dates for the training or consulting on our schedules. The Client can cancel or request to move a scheduled session the latest FOUR weeks before the start. Cancellations or changes afterwards do not give us the opportunity to redeploy our resources to an alternative assignment and will invoke an invoice for already incurred, non-recoverable expenses as well as 2/3 of the cost of the trainer’s time.

 

10 Delivery

The delivery dates given by VAN GOUBERGEN P&M are only indicative and are not necessarily applicable. However, VAN GOUBERGEN P&M will do everything in its power to respect these indicative delivery dates. VAN GOUBERGEN P&M is not liable for damages rising from late or partial deliveries. Late delivery cannot give the client in any case the right to cancel the order or to request compensation.

The products will remain VAN GOUBERGEN P&M’s property until the client has completed all its obligations towards VAN GOUBERGEN P&M and until the total payment of the price, with interests if needed (cf. Payment). This reserve of property does not stop the transfer of risks, which are at the client’s charge as from the day of receipt of the products by the client.

The client accepts that products purchased in the VAN GOUBERGEN P&M website will never be delivered before receiving the full payment from the client.

10.1 Downloading Purchased Software

Purchased software may be delivered to the client in the form of a downloadable package. The client agrees to not being able to download the purchased software before VAN GOUBERGEN P&M receives the full payment for the product(s).

11 Remarks and complaints

In order to be valid, remarks or complaints about the invoice must be turned over to VAN GOUBERGEN P&M by registered mail within 8 days of receipt of the invoice.

12 Privacy policy

VAN GOUBERGEN P&M has an anti-Spam policy, and is committed to respecting and protecting your online privacy. Any mailings from VAN GOUBERGEN P&M are targeted only at those individuals whom we think may have interest in the products, services on offer.

Personal information may be captured when a visitor orders or downloads a product from the web site or when a visitor explicitly sends us this information through an e-mail or contact form. This information may be used to send out promotional materials but only on a carefully selected basis. Personal information will never knowingly be collected or used without the knowledge of the site visitor. Personal information is never made available to any third party without the express permission of the individual concerned.

Non personal information such as the visitor's operating system, browser software, IP addresses, etc. can be collected, and used to analyze the performance of our website.

A small text file (cookie) may be placed on a user's machine when they request a web page. Cookies are often used to provide the visitor with a more personal browsing experience and to maintain e.g. a password in a secure session. You may set most browsers to notify you if you receive a cookie. You may also choose to block cookies with your browser, but note that if you do so, you will need to re-enter your original user ID and password to gain access to certain parts of the web site.

12.1 Account protection

The client agrees to protect his account with a strong password (use letters, numbers, special characters) and not to share his password with others and change it regularly. A good password is the key to a good account protection!

VAN GOUBERGEN P&M does everything in his power to protect the client’s account and personal data from external intrusion by using several security measures. It is however not possible to have 100% effective protection and there is a possibility that unlawful attempts are being made to the system. It is a joint responsibility of VAN GOUBERGEN P&M and the client to protect the system and to inform each other about any unlawful actions made against the system in order to protect all user’s interest. The client hereby agrees to inform VAN GOUBERGEN P&M immediately of any security problem the client may encounter or being aware of.

13 General terms

These General Terms & Conditions shall be governed by the laws of Belgium. All disputes arising in connection with these General Terms & Conditions that cannot be settled amicably shall be brought before the competent court in Antwerpen, Belgium, to which jurisdiction VAN GOUBERGEN P&M and the client hereby irrevocably consent.

 

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