GENERAL TERMS & CONDITIONS

KAPI Terms and Conditions 

These are the general terms and conditions of EKN EUROPE BV, Aubenaslaan 20, 9060 Zelzate, with company number (0805.526.602), which trades under the name KAPI.

1. APPLICATION

1.1 The client accepts that KAPI's general conditions govern the contractual relationship to the exclusion of his own general conditions unless otherwise agreed in writing. To the extent that the Client's terms and conditions contain a similar clause, the Client should take the initiative to reach an agreement with KAPI in this regard. Otherwise, the client agrees that these conditions govern the relationship between the parties.

These conditions are applicable to all activities, quotations, offers and agreements made by or on behalf of KAPI unless the agreement contains deviating provisions accepted in writing by both parties.

1.2 KAPI reserves the right to amend these general terms and conditions at any time and for any reason without prior notice.

2. SERVICES

2.1 General

2.1.1 All offers and quotations made by KAPI are without obligation unless a written order confirmation/agreement has been provided by KAPI.

An agreement is concluded as soon as the following conditions are met: a written order confirmation/agreement has been received by KAPI, signed by the client, or approved by email. The order confirmation/agreement is drawn up on the basis of information obtained from the principal.

The client ensures in advance any necessary permits.

2.1.2 Each quotation is non-binding and only an offer to contract. The price stated on the offer includes only the goods/services listed in the offer. All prices quoted on the offer are exclusive of VAT and valid for the time defined in the offer. Transport costs depend on the required means of transport and the number of kilometers to be driven.
All other products and/or services are charged to the other party at the rates in force, which are available on request.

2.1.3 With regard to service performance, we are only bound by an obligation of means, expressly excluding any obligation of results. Any complaint regarding product and/or service performance must be sent to us in writing within five working days from the date of the service performance. After this period, the performance will be considered as having been definitively accepted by the other party and no further complaints will be considered.

2.2 Workshops

2.2.1 Quotations, bookings, cancellation & responsibility

When booking a workshop, you automatically also agree to the sales and cancellation conditions below

2.2.1.1 Quotations are non-binding until the customer accepts them by written confirmation. They remain valid for 14 days after the quotation date. Quotations are confirmed upon receipt of a 30% payment of the total amount quoted. KAPI has the right to revoke this offer up to two working days after receipt of the acceptance of its offer.

2.2.1.2 The price of the workshop is determined on the basis of the number of participants and preferences passed on. If the number of participants submitted exceeds the number of participants actually present, the client cannot claim any reduction in price.

2.2.1.3 Prices are subject to change at any time. The price given to the client on the day of booking remains unchanged - regardless of any price changes.

2.2.1.4 We reserve the right to adapt certain dishes according to ingredient availability. 

2.2.1.5 In the case of late arrival at a workshop, the end time of the workshop remains unchanged.

2.2.1.6 If changes have to be made to the agreement at the request of the client, this must be determined by email and approved by both sides. KAPI is entitled to charge administration costs of € 50 for each change requested in less than 72 hours.

2.2.1.7 A booking is binding. In case of cancellation up to 2 weeks before the start, the buyer can rebook the workshop to a later date for a workshop with the same cost price. If the workshop is more expensive, the difference in price will be charged

2.2.1.8 In the event of cancellation less than 72 hours before the start, 50% of the amount (as mentioned in the quotation) will be invoiced. This covers the preparation costs.

2.2.1.9 In the event of cancellation less than 48 hours before the start, 100% of the amount (as mentioned in the quotation) will be invoiced. This covers the preparation costs and reservations at suppliers.

2.2.1.10 If the client fails to attend a workshop without prior notice, 100% of the amount (as mentioned in the quotation) will be invoiced.

2.2.1.11 KAPI reserves the right to cancel the workshop in case of force majeure. Force majeure with regard to the agreement is understood to mean everything that is understood in this regard in legislation and jurisprudence. In addition, all external calamities, including unforeseen traffic jams and road diversions, over which KAPI has no influence, but as a result of which it is not or is partially unable to fulfil its obligations. In the event of force majeure, KAPI's obligations will be suspended. If the nature of the assignment is such that execution at a later date is not possible, both parties are entitled to dissolve the agreement.

2.2.1.12 For workshops at an outdoor location, in the event of weather forecasts predicting high winds and/or rain, a new date will be chosen or a new indoor location will be selected in consultation. KAPI will decide whether the workshop can proceed based on the weather forecasts, no later than 48 hours in advance.

2.2.1.13 The client is responsible for choosing the workshop space or location and bears the associated costs unless explicitly agreed otherwise.

2.2.1.14 We attach great importance to hygiene and safety. A first aid kit is provided to take care of the necessary injuries. Nevertheless, KAPIr is not responsible for any accidents on the way to and/or during the workshop. Handling the tools and equipment is at your own risk. KAPI is therefore not liable for any damage in any form that may occur during or while setting up the workshop. Kapi has no responsibility for any damages to the venue caused during or; after or while setting up the workshop.

2.2.1.15 Any damage caused by the buyer to the equipment or the location itself must be reimbursed by the buyer within 2 weeks of KAPI notifying the buyer of such damage.

2.2.2 Invoicing and Payments

2.2.2.1 The counterparty shall review the invoice from KAPI for inaccuracies. If the counterparty does not reject the invoice in writing with legally relevant reasons and returns it to KAPI within ten working days from the invoice date, the respective invoice shall be deemed binding between the parties, and the counterparty forfeits any right to object.

2.2.2.2 The prices are those expressly stated on the invoice. In case of any inconsistency in the content of the quotation, delivery, and invoice, the amount on the invoice shall prevail.

2.2.2.3 Unless explicitly agreed otherwise, the payment for the assignment must be received in the account of KAPI no later than 14 days after the execution.

2.2.2.4 In the event of late payment of an invoice, the client loses the benefit of the payment term for all outstanding invoices, which also become immediately due and payable, along with the applicable invoice interests and penalty for damages.

2.2.2.5 In the event of non-payment or late payment, KAPI  reserves the right to suspend all further services until full payment of the outstanding invoice amount is received.

2.2.2.6 By operation of law and without any further notice, default interest of 12% per year shall be due on the balance of the invoice from the due date until the date of full payment.

2.2.2.7 In the application of articles 1139, 1147, and 1152 of the Civil Code, after the expiration of the payment term, the unpaid amount of the invoice shall automatically, without any formal notice, be increased by 10%, with a minimum of 50 euros, as a contractual fixed compensation for damages.

2.2.2.8 For all disputes and conflicts regarding the present invoice, the exclusive jurisdiction shall lie with the Justice of the Peace and the Enterprise Court of the residential district of KAPI unless the law mandatorily prescribes otherwise.

3. APPLICABLE LAW & DISPUTES

3.1 Belgian law shall apply to these agreements.

3.2 All disputes arising from the execution of the agreements and all disputes concerning the interpretation of the agreement must be submitted to the court of the residential district of KAPI, unless expressly agreed otherwise.