General conditions

Article 1: General Provisions

1. These terms and conditions apply to every offer, quotation, and agreement between DJ School Amsterdam, hereinafter referred to as “User,” and a Counterparty to whom User has declared these terms and conditions applicable, unless the parties have explicitly and in writing deviated from these terms and conditions. These terms and conditions also apply to agreements with User in which third parties need to be involved for their execution.
2. These general terms and conditions also apply to the employees of the User and its management.
3. The applicability of any purchase or other terms of the Counterparty is explicitly rejected.
4. If one or more provisions in these general terms and conditions are or become entirely or partially void or invalid at any time, the remaining provisions of these general terms and conditions shall remain fully applicable.
5. User and the Counterparty will enter into consultations in order to agree upon new provisions to replace the void or invalid provisions, taking into account, as far as possible, the original purpose and intent of the provisions.
6. If there is any ambiguity regarding the interpretation of one or more provisions of these general terms and conditions, the interpretation must be in line with the “spirit” of these provisions.
7. If a situation arises between the parties that is not addressed by these general terms and conditions, it must be evaluated according to the spirit of these general terms and conditions.
8. If User does not always demand strict compliance with these terms and conditions, it does not mean that the provisions are not applicable, or that User loses the right to demand strict compliance in other cases.
9. All information, such as confidentiality agreements regarding sensitive business information about business situations, work processes, customer groups, strategies, provided by clients is confidential for the educational institution, its employees, and instructors.

Article 2: Quotes and Offers

2.1 All offers and quotations from User are non-binding unless a deadline for acceptance is specified in the quotation. An offer or quotation expires if the product to which it pertains is no longer available in the meantime.

2.2 User cannot be held to its offers or quotations if the Counterparty can reasonably understand that the offers or quotations, or a part thereof, contain a clear mistake or typographical error.

2.3 The prices mentioned in a quotation or offer are inclusive of VAT and other government levies, as well as any costs to be incurred in the framework of the agreement, including travel and accommodation costs, shipping, and administrative costs, unless otherwise stated.

2.4 A composite price quote does not obligate User to perform part of the assignment at a corresponding portion of the quoted price. Offers or quotations do not automatically apply to future orders.

Article 3: Contract Duration; Delivery Times, Execution, and Modification of Agreement; Price Increase

3.1 The agreement between User and the Counterparty is entered into for an indefinite period, unless the nature of the agreement dictates otherwise or if the parties explicitly and in writing agree otherwise.

3.2 If a deadline for completing specific tasks or delivering certain goods has been agreed or specified, it is never a fatal deadline. If a deadline is exceeded, the Counterparty must notify User in writing. User must then be given a reasonable period to still execute the agreement.

3.3 User has the right to have certain tasks performed by third parties.

3.4 User is entitled to perform the agreement in phases and to invoice the executed portion separately.

3.5 If the agreement is performed in phases, User can suspend the execution of parts that belong to the next phase until the Counterparty has approved the results of the previous phase in writing.

3.6 If User requires data from the Counterparty for the execution of the agreement, the execution period will not start until the Counterparty has provided these data correctly and completely to User.

3.7 If during the execution of the agreement it becomes clear that it is necessary to modify or supplement it for proper execution, the parties will adjust the agreement in a timely manner through mutual consultation. If the nature, scope, or content of the agreement, whether at the request or direction of the Counterparty, relevant authorities, etc., is changed and this alters the agreement in qualitative and/or quantitative terms, this can have consequences for what was originally agreed upon. As a result, the originally agreed amount can be increased or decreased. User will provide an estimate of the price as much as possible in advance. A modification of the agreement can also alter the originally specified execution deadline. The Counterparty accepts the possibility of modification of the agreement, including changes in price and execution deadline.

3.8 If the agreement is modified, including an addition, User is entitled to implement it only after approval has been given by the competent person within User’s organization, and the Counterparty has agreed to the price and other conditions for the execution, including the time at which it will be carried out. Failure to execute or immediate execution of the modified agreement will not be deemed a failure of performance by User, and it will not give the Counterparty grounds to terminate the agreement.

3.9 Without being in default, User can refuse a request to modify the agreement if this could have qualitative and/or quantitative consequences, for example, for the tasks to be performed or the goods to be delivered in that context.

3.10 If the Counterparty defaults in the proper performance of its obligations to User, the Counterparty is liable for all damages (including costs) directly or indirectly incurred by User as a result.

3.11 If the User agrees on a certain price at the time of entering into the agreement, the User is nevertheless entitled to increase the price under the following circumstances, even when the price was originally not specified subject to change:

• If the price increase is the result of a modification to the agreement;
• If the price increase results from a power or obligation of the User under the law;
• In other cases, with the understanding that the Counterparty, who is not acting in the course of a profession or business, is entitled to terminate the agreement by means of a written declaration if the price increase exceeds 10% and occurs within three months after the conclusion of the agreement, unless the User is still willing to execute the agreement based on the original agreed price, or if it has been agreed that delivery will take place more than three months after the purchase.

Article 4: Suspension, Termination, and Interim Cancellation of the Agreement

4.1 The User is entitled to suspend the fulfillment of obligations or to immediately and forthwith terminate the agreement if:

• The Counterparty fails to fulfill the obligations under the agreement, not fully, or not on time;
• After the conclusion of the agreement, circumstances come to the knowledge of the User that provide good reason to fear that the Counterparty will not fulfill the obligations;
• The Counterparty was requested at the time of entering into the agreement to provide security for the fulfillment of its obligations and this security is not provided or is insufficient;
• If, due to the delay on the part of the Counterparty, it can no longer be reasonably expected of the User to fulfill the agreement under the originally agreed conditions, the User is entitled to terminate the agreement;
• If circumstances arise that make fulfillment of the agreement impossible or it is no longer reasonable to expect the User to continue the agreement.

4.2 If the termination is attributable to the Counterparty, the User is entitled to compensation for the damage, including costs, directly and indirectly arising from this.

4.3 If the agreement is terminated, the claims of the User against the Counterparty are immediately due. If the User suspends the fulfillment of the obligations, they retain their rights under the law and the agreement.

4.4 If the User suspends or terminates the agreement for the reasons mentioned in this article, they are in no way obliged to compensate any damage or costs arising therefrom, whereas the Counterparty, due to non-performance, is obliged to compensate for damages or provide indemnification.

4.5 If the agreement is terminated by the User before completion, the User will, in consultation with the Counterparty, ensure the transfer of unfinished tasks to third parties, unless the termination is attributable to the Counterparty. Unless the termination is attributable to the User, the costs of transfer will be charged to the Counterparty. The User will inform the Counterparty of the extent of these costs as much as possible in advance. The Counterparty is obliged to pay these costs within the time frame specified by the User, unless the User indicates otherwise.

4.6 In the event of liquidation, (application for) suspension of payment or bankruptcy, or seizure – if and as long as the seizure is not lifted within three months – against the Counterparty, debt restructuring, or any other circumstance where the Counterparty can no longer freely dispose of their assets, the User is free to immediately terminate the agreement or cancel the order without any obligation on their part to pay damages or compensation. The claims of the User against the Counterparty are immediately due in such cases.

4.7 If the Counterparty fully or partially cancels an order placed, the items ordered or prepared for this purpose, along with any delivery and handling costs, and the labor time reserved for the execution of the agreement, will be fully charged to the Counterparty.

Article 5: Force Majeure

5.1 The User is not obligated to fulfill any obligation towards the Counterparty if they are hindered by a circumstance that is not due to fault and does not fall under their responsibility according to the law, a legal act, or generally accepted practices.

5.2 For the purposes of these terms, force majeure includes, in addition to what is understood by it in the law and jurisprudence, all external causes, whether foreseen or unforeseen, over which the User has no control, but which prevent the User from fulfilling their obligations. The User also has the right to invoke force majeure if the circumstance preventing further fulfillment of the agreement occurs after the User should have fulfilled their commitment.

5.3 During the period that force majeure lasts, the User can suspend the obligations under the agreement. If this period exceeds two months, either party is entitled to terminate the agreement without obligation to compensate the other party for any damage.

5.4 If the User has already partially fulfilled their obligations under the agreement or will be able to do so, and the fulfilled or to be fulfilled part holds independent value, the User is entitled to invoice the already fulfilled or to be fulfilled portion separately. The Counterparty is obliged to pay this invoice as if it were a separate agreement.

Article 6: Payment and Collection Costs

6.1 Payment must always be made before the introductory lesson, the first lesson of a course, training, or workshop takes place, in a manner specified by the User and in the currency in which the invoice is issued, unless otherwise indicated by the User in writing. The User is entitled to invoice periodically. A gift voucher is valid once the invoice for it has been paid and is valid for 6 months.

6.2 If the Counterparty fails to make timely payment of an invoice, the Counterparty is automatically in default. In this case, the Counterparty owes interest. In the case of consumer sales, the interest is equal to the statutory interest. In other cases, the Counterparty owes an interest rate of 1% per month, unless the statutory interest rate is higher, in which case the statutory interest is owed. The interest on the outstanding amount will be calculated from the moment the Counterparty is in default until the full payment of the owed amount.

6.3 The User has the right to apply payments made by the Counterparty first to cover the costs, then to reduce the overdue interest, and finally to reduce the principal and ongoing interest.

6.4 The User may, without being in default, refuse a payment offer if the Counterparty indicates a different order for applying the payment. The User may refuse full repayment of the principal if the overdue interest and collection costs are not also paid.

6.5 Objections to the amount of an invoice do not suspend the payment obligation.

6.6 If the Counterparty is in default or in breach of their obligations (timely or otherwise), all reasonable costs for obtaining satisfaction without legal proceedings will be borne by the Counterparty. The extrajudicial costs will be calculated based on what is customary in Dutch collection practices, currently using the calculation method in the “Voorwerk II” report. However, if the User incurs higher costs for collection that are reasonably necessary, these actual costs are eligible for reimbursement. Any incurred legal and execution costs will also be charged to the Counterparty. The Counterparty will also owe interest on the owed collection costs.

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Article 7: Retention of Title

7.1 All goods delivered by the User in the context of the agreement remain the property of the User until the Counterparty has properly fulfilled all obligations arising from the agreement(s) concluded with the User.

7.2 Goods delivered by the User that are subject to the retention of title under paragraph 1 may not be resold and may never be used as a means of payment. The Counterparty is not authorized to pledge or encumber the goods subject to retention of title in any other way.

7.3 The Counterparty must always do everything that may reasonably be expected of them to secure the User’s ownership rights.

7.4 If third parties seize the goods delivered under retention of title or wish to establish or assert rights over them, the Counterparty is obliged to immediately inform the User of this.

7.5 The Counterparty is obliged to insure and keep insured the goods delivered under retention of title against fire, explosion, water damage, and theft, and to provide the insurance policy for inspection to the User at first request. In the event of an insurance payout, the User is entitled to these funds. As necessary, the Counterparty undertakes in advance to cooperate with everything that may be needed or desired in this context.

7.6 In the event the User wishes to exercise the ownership rights described in this article, the Counterparty grants unconditional and irrevocable permission in advance to the User and any third parties designated by the User to enter any locations where the User’s goods are located and to reclaim those goods.

Article 8: Guarantees, Research, and Complaints

8.1 The goods delivered by the User meet the usual requirements and standards that can reasonably be expected at the time of delivery and for which they are intended for normal use in the Netherlands. The warranty mentioned in this article applies to goods intended for use within the Netherlands. For use outside the Netherlands, the Counterparty must verify whether their use is suitable and meets the conditions required there. In such cases, the User may impose other warranty and additional terms and conditions related to the goods or services to be delivered.

8.2 The warranty mentioned in paragraph 1 of this article applies for a period of 14 days after delivery, unless the nature of the delivery suggests otherwise or the parties have agreed otherwise. If the warranty provided by the User pertains to a product manufactured by a third party, the warranty is limited to that provided by the producer of the product, unless otherwise stated. After the warranty period, all costs for repairs or replacements, including administrative, shipping, and travel costs, will be charged to the Counterparty.

8.3 Any form of warranty will be void if a defect arises from improper or inappropriate use, use beyond the expiration date, incorrect storage or maintenance by the Counterparty or third parties, or if the Counterparty or third parties have made changes to the product or attempted to do so without written permission from the User. The warranty also does not apply if the defect is caused by circumstances beyond the User’s control, including weather conditions (such as extreme rainfall or temperatures).

8.4 The Counterparty is obligated to inspect the goods (or have them inspected) immediately upon delivery or when the respective work has been performed. This inspection should verify whether the quality and quantity of the delivered goods correspond to the agreed terms and meet the agreed requirements. Any defects must be reported in writing to the User within two months of discovery. The report must include a detailed description of the defect to allow the User to respond appropriately. The Counterparty must allow the User to investigate the complaint.

8.5 If the Counterparty makes a timely complaint, this does not suspend their payment obligations. The Counterparty remains obligated to accept and pay for the ordered goods unless they no longer have independent value.

8.6 If a complaint is made later, the Counterparty loses the right to repair, replacement, or compensation unless the nature of the product or the circumstances of the case indicate a longer period.

8.7 If it is determined that the product is defective and the complaint was made in a timely manner, the User will replace or repair the defective product within a reasonable time after receiving it back, or if return is not possible, after receiving written notice from the Counterparty about the defect. If replacement occurs, the Counterparty must return the replaced item to the User and transfer ownership, unless the User states otherwise.

8.8 If it is determined that a complaint is unfounded, the costs, including investigation costs, incurred by the User as a result will be fully charged to the Counterparty.

Article 9: Liability

9.1 If the User is liable, the liability is limited to what is specified in this section.

9.2 The User is not liable for any damage resulting from the User relying on incorrect or incomplete information provided by the Counterparty or on their behalf.

9.3 The User is only liable for direct damage.

9.4 Direct damage is exclusively defined as:

• Reasonable costs to determine the cause and extent of the damage, as long as they relate to damage in the sense of these conditions;
• Reasonable costs made to bring the defective performance of the User in line with the agreement, to the extent these can be attributed to the User;
• Reasonable costs made to prevent or reduce damage, to the extent the Counterparty proves that these costs led to a reduction in direct damage as defined in these general conditions.

9.5 The User is never liable for indirect damage, including consequential damage, lost profits, missed savings, and damage due to business or other types of disruption. In the case of consumer sales, this limitation does not exceed what is allowed under Article 7:24 paragraph 2 of the Civil Code.

9.6 If the User is liable for any damage, the liability is limited to a maximum of three times the invoice value of the order, or the part of the order to which the liability applies.

9.7 The User’s liability is in any case always limited to the amount covered by their insurer, if applicable.

9.8 The liability limitations in this article do not apply if the damage is due to intent or gross negligence by the User or their managerial staff.

Article 10: Limitation Period

10.1 Contrary to statutory limitation periods, the limitation period for all claims and defenses against the User and third parties involved in the performance of an agreement is one year.

10.2 The provision in paragraph 1 does not apply to legal claims and defenses based on facts that would justify the claim that the delivered goods do not conform to the agreement. Such claims and defenses expire two years after the Counterparty has informed the User of the non-conformity.

Article 11: Transfer of Risk

11.1 The risk of loss, damage, or depreciation passes to the Counterparty when the goods are made available to the Counterparty.

Article 12: Indemnification

12.1 The Counterparty indemnifies the User against any claims by third parties arising from damage in connection with the performance of the agreement, where the cause of the damage is not attributable to the User.

12.2 If the User is addressed by third parties in this regard, the Counterparty is obligated to assist the User both outside and in legal proceedings and to take all necessary actions. If the Counterparty fails to take adequate measures, the User is entitled, without notice of default, to take such measures themselves. All costs and damages incurred by the User and third parties will be fully borne by the Counterparty.

Article 13: Intellectual Property

13.1 The User retains the rights and powers granted to them under the Copyright Act and other intellectual property laws. The User has the right to use the knowledge gained during the execution of an agreement for other purposes, as long as no strictly confidential information of the Counterparty is disclosed to third parties.

13.2 The copyright over information provided during lessons, courses, workshops, through the website, and other media belongs to the User. The ownership of any course material provided to students or made publicly available belongs to the User.

Article 14: Applicable Law and Disputes

14.1 Dutch law applies exclusively to all legal relationships involving the User, even if the obligation is partially or fully performed abroad or if one of the parties is residing abroad. The applicability of the Vienna Sales Convention is excluded.

14.2 Parties will only resort to legal action after having made every effort to resolve the dispute through mutual consultation.

14.3 The User operates with a complaints procedure, which is publicly available on the website.

Article 15: Availability and Modification of Terms

15.1 These terms and conditions are available for inspection at www.djschoolamsterdam.nl.

15.2 The most recently deposited version applies, or the version valid at the time the legal relationship with the User was formed.

15.3 The Dutch text of the general terms and conditions is always decisive for their interpretation.

Article 16: Task of the Complaints Committee

16.1 The complaints committee is tasked with investigating the complaints submitted to it and giving an opinion on them. This opinion takes the form of advice to the director.

Article 17: Complaints Procedure

17.1 After the complaint is submitted, the complainant will receive a message within five days acknowledging that their complaint has been received by DJ School Amsterdam.

17.2 The complaints committee examines the admissibility of the complaint. If the complaint is inadmissible, it will notify the complainant in writing, providing a reasoned explanation.

17.3 If the complaint is admissible, the person who performed (parts of) the lesson, course, or workshop at the request of DJ School Amsterdam will provide a written response to the complaint.

17.4 The complaints committee sends a copy of this response to the complainant.

17.5 If, in the opinion of the complaints committee, it is not possible to form an opinion based on the complaint and the response of the involved trainer, the committee will hear both the complainant and the involved trainer/educator in each other’s presence.

17.6 If the above does not lead to satisfaction, there is the possibility to appeal to an independent third party who is not employed by DJ School Amsterdam. This independent third party is Sander Mans, working at Wayne Parker Kent. In mutual agreement, this may be deviated from, and another independent third party may be appointed.

Article 18: The Opinion of the Complaints Committee and the Appeal Possibility

18.1 The complaints committee will come to its opinion within four weeks after receiving the complaint. This opinion will be in the form of a written advisory opinion to the director.

18.2 The complaints committee will also send a copy of its opinion to the complainant.

18.3 The deadline mentioned in section 1 may be extended by two periods of up to four weeks.

18.4 If an extension is necessary, the complaints committee will notify the complainant of this extension.

18.5 The opinion of the aforementioned independent third party (Article 5.6) is binding for DJ School Amsterdam, and any consequences will be addressed within 7 days.

Article 19: Response of the Director

19.1 No later than two weeks after receiving the opinion of the complaints committee, the director will make their written response to the opinion of the complaints committee known. This response is binding for all parties unless there is an appeal possibility.

19.2 The director will send a copy of their response to the complainant and the involved trainer/educator within two weeks after receiving the opinion of the complaints committee.

19.3 An extension of this deadline is possible for up to two weeks. This extension will also be communicated in writing to the complainant and the involved trainer/educator.

19.4 In case of an appeal possibility, after receiving the binding decision of the independent third party, both the complainant and the involved trainer/educator will be sent the decision. All consequences arising from this binding decision will be documented in writing and sent to both the complainant and the involved trainer/educator.

Payment and Cancellation Terms DJ School Amsterdam

These payment and cancellation terms apply to the offer of lessons, courses, training, and workshops for students of DJ School Amsterdam.

These terms are an addition to the general terms and conditions.

1. Payment

1.1 Once a participant/student has registered for a lesson, course, or workshop and agreed to the general terms and conditions, payment must be made before the start of the course. The participant/student will receive an invoice after registration detailing the payment options. If the participant/student does not pay the invoice before the lesson/course, the registration will be considered void, and the participant/student will receive a credit invoice.

1.2 Students/Participants are always responsible for the number of lessons they schedule via the app, phone (app), or email. If more lessons are booked than paid for, these lessons will be charged.

1.3 Students who register less than 14 days before the start of the training/course or workshop must pay the due amount within the period indicated on the invoice. If the payment is not received before the scheduled lesson, the student will not be allowed to attend the lesson/course or workshop.

2. Cancellation by the Student

2.1 Students of DJ School Amsterdam have 14 days to cancel their registration for a lesson, course, training, or workshop from the moment that:

• The date for the first (intro) lesson is set, and the invoice is sent.
• One or more dates for a course are set, and the invoice is sent.
• The period within which the entire training will take place is set, and the invoice is sent.
• The invoice is sent and paid before any lesson, course, or training dates are set.
  If the invoice has already been paid, the full amount will be refunded within 14 working days minus €15 administrative costs.

2.2 Intro lessons for DJ producer have a validity of 3 months, basic DJ/Producer courses have a validity of 6 months. The validity for DJ and Producer training and DJ/Producer custom tracks is 12 months. The lesson/course or training must be completed within this period; otherwise, the lessons will expire.

2.3 DJ School Amsterdam will only refund course fees when the promised product:
A) Has not been delivered properly, and this is determined both by DJ School Amsterdam and the student within 2 weeks after the lesson.
B) When, due to an emergency, the student can no longer attend lessons.

2.4 Cancelling participation in a lesson can be done via the app onlineafspraken.nl up to 24 hours in advance. Cancellation of a course must be done in writing by sending an email to info@djschoolamsterdam.nl.

2.5 Rescheduling and/or canceling a lesson is free of charge up to 24 hours before the lesson. If canceled less than 24 hours before the start of the lesson, the student is required to pay the full cost of the lesson.

Explanation for 2.4:
1-on-1 lessons are often canceled too late by students for various reasons. Our instructors rely on these lessons and are paid by DJ School Amsterdam for adjusting their schedules. We, therefore, must pass on these costs to the student when the lesson is canceled last minute. We understand this can be just as frustrating for the student. Naturally, we make exceptions for deaths, births, or other life-changing or highly distressing circumstances.