General Conditions 'Je Beweegreden'

1 Definitions

1.1. Contractor: ‘Je Beweegreden’, registered with the Chamber of Commerce under number 68378157.

1.2. Customer: the natural or legal person on whose behalf services are provided or work is performed and who acts in the exercise of a profession or business, unless it is expressly indicated that the Customer is a Consumer, i.e. a natural person who does not act in the exercise of a profession or business.

1.3. Agreement: the agreement concluded between ‘Je beweegreden’ and Customer.

1.4. Parties: ‘Je Beweegreden’ and Customer.

1.5. Process: The entirety of activities and guidance as offered by ‘Je Beweegreden’ and is recorded in the Agreement.

1.6. Training: This includes, but is not limited to, training meetings, workshops and information meetings. This also concerns one of the meetings that fits in and is part of the agreed Programme.

1.7. Wherever the masculine form is used in the text, the feminine or gender-neutral form is also meant.

2 Applicability

2.1. These terms and conditions apply to every offer, quotation and Agreement between ‘Je Beweegreden’ and Customer to which ‘Je Beweegreden’ has declared these terms and conditions applicable insofar as the Parties have not expressly deviated from these terms and conditions in writing.

2.2. The present terms and conditions also apply to agreements of third parties engaged by ‘Je Beweegreden’ in the context of an assignment.

2.3. The applicability of other terms and conditions of the Customer or a third party engaged by it is expressly rejected.

2.4. If one or more provisions of these General Terms and Conditions prove to be wholly or partially invalid, the other provisions will remain in force. In that case, the Customer and ‘Je Beweegreden’ will consult in order to agree on (a) new provision(s) to replace the original provision.

2.5. If ‘Je Beweegreden’ does not always require strict compliance with these terms and conditions, this does not mean that the provisions thereof do not apply, or that ‘Je Beweegreden’ would to any extent lose the right to in other cases ensure strict compliance with the provisions of request these conditions.

3 Quotations, offers and prices

3.1. All quotations and offers from ‘Je Beweegreden’ are without obligation, unless a term for acceptance has been set in the quotation or offer.

3.2. Quotations are based on information received from Customer. The customer guarantees that he has provided all necessary information to ‘Je Beweegreden’ in a timely and truthful manner.

3.3. ‘Je Beweegreden’ cannot be held to a quotation or offer if the Customer can reasonably understand that the quotation or offer contains a mistake or error.

3.4. All prices are exclusive of VAT.

3.5. ‘Je Beweegreden’ is, for Customer acting in the context of a profession or business, entitled to increase a fixed price if that increase results from an obligation under the law or regulations. ‘Je Beweegreden’ is also entitled to increase a fixed price if that increase is caused by cost-determining factors that could not have been foreseen at the start of the Agreement.

3.6. ‘Je Beweegreden’ is entitled for a Consumer to increase a fixed price if that increase is the result of an obligation under the law or regulations. Other price increases that have arisen after the conclusion of the Agreement, but before the end of the Program, may also be passed on to the Customer, but if this occurs within three months after the conclusion of the Agreement, the Customer has the right to dissolve the Agreement. Work already performed will be charged at the originally agreed rate. ‘Je Beweegreden’ has the right to suspend the work until the Customer has indicated that it agrees with the price increase. Dissolution in this way does not entitle either Party to compensation.

3.7. ‘Je Beweegreden’ reserves the intellectual property of all designs, images, drawings and sketches provided.

3.8. A composite quotation does not oblige ‘Je Beweegreden’ to perform part of the assignment for a corresponding part of the stated price.

3.9. Offers or quotations do not automatically apply to future assignments.

4 Agreement

4.1. The Agreement is concluded by signing the offer. This is different if ‘Je Beweegreden’ concludes from the answers to questions from the supplied medical questionnaire or as a result of other supplied information that there are such medical restrictions on the part of the Customer that it is not responsible to conclude an Agreement. The authority to reach that conclusion is reserved to ‘Je Beweegreden’.

4.2. The Agreement is strictly personal to the Customer unless expressly agreed otherwise.

4.3. The Agreement is entered into for an indefinite period of time unless it appears from the Agreement that it has been entered into for a definite period of time.

4.4. An Agreement concluded for a definite period of time cannot be terminated prematurely by a Customer who acts in the exercise of a profession or business, unless continuation would be unacceptable according to standards of reasonableness and fairness. 

4.5. An Agreement concluded for a definite period of time has a maximum duration of one year for a Consumer. The Customer cannot terminate this agreement prematurely, unless continuation would be unacceptable according to standards of reasonableness and fairness. This cancellation takes place in consultation with ‘Je Beweegreden’. Extension will only take place in consultation between ‘Je Beweegreden’ and the Customer.

4.6. ‘Je Beweegreden’ assumes a best efforts obligation with the Agreement and does not guarantee the results of the assignment. The customer is aware that ‘Je Beweegreden’ is not a gym. He is also aware that a Program contains a combination of, for example, guidance in sports, nutrition and lifestyle and/or Treatment and that one type of guidance or a combination may be offered at a meeting.

4.7. ‘Je Beweegreden’ is entitled to engage a third party to carry out the assignment. Articles 7:404, 7:407(2) and 7:409 of the Dutch Civil Code are expressly excluded in that case.

4.8. If ‘Je Beweegreden’ is unable to keep an appointment or cannot allow part of a Program to continue, Customer will be given the opportunity to make up the appointment or part of the Program at another time.

4.9. If the Client cancels an appointment or is unable to follow part of a Program, the Client will be given the opportunity to make up the appointment at a different time within one week.

4.10. The Customer will inform ‘Je Beweegreden’ in writing in a timely manner about changes in his postal and e-mail address, bank account number and telephone number. ‘Je Beweegreden’ may continue to regard the address provided by the Customer as such until a new address has been communicated to him.

4.11. If ‘Je Beweegreden’ or a third party engaged by ‘Je Beweegreden’ in the context of the Assignment performs work at the Client’s location or a location designated by the Client, the Client will provide the information provided by ‘Je Beweegreden’ free of charge. reasonable facilities.

4.12. Unless expressly agreed otherwise in writing between the Parties, arranging accommodations and the associated necessary facilities is not part of the service provided by ‘Je Beweegreden’. Customer is responsible for this. This also applies if ‘Je Beweegreden’ has advised, whether or not at the request of the Customer, regarding the accommodation to be used and the necessary facilities. ‘Je Beweegreden’ must be given the opportunity by the Customer in advance to indicate which requirements the accommodation and facilities to be used must meet.

4.13. ‘Je Beweegreden’ is entitled to payment of the full fee less any savings if the accommodation and associated facilities do not meet those requirements and activities cannot or cannot fully take place as a result.

5 Cancellation

5.1 If the Customer is a Consumer, with due observance of the provisions with regard to Agreements for a definite period, the parties may prematurely terminate the Agreement with a notice period of one month. The cancellation must be made in writing.

5.2. Early termination by the Consumer is possible if the Consumer is given a different home address and it is no longer possible for the Consumer to use the Program under reasonable conditions as a result of the increased travel time.

5.3. Early termination by the Customer is possible, in consultation with ‘Je Beweegreden’, if it has actually become impossible for the Customer to use the Program during the remainder of the subscription period as a result of a demonstrable injury or illness. This cancellation must take place with due observance of the notice period of 1 month.

5.4. In the event of a cancellation as referred to in the previous paragraphs of this article, ‘Je Beweegreden’ is entitled to recalculate the contribution over the elapsed period and to charge the costs already incurred.

5.5. ‘Je Beweegreden’ is entitled to compensation in the event of premature termination and if the reason for the termination is not attributable to him.

5.6. The notice period does not apply in the event of (application for) bankruptcy, suspension of payments, application of a statutory debt rescheduling scheme, placing under guardianship, attachment of more than three months, termination of the activities or sale of the business of one of the Parties.

6 Dissolution and suspension of the agreement

6.1. The Agreement may be terminated or suspended immediately by ‘Je Beweegreden’ if:

6.1.1. The Customer does not, not fully or not timely, fulfill its obligations or if ‘Je Beweegreden’ has good reasons to fear that the Customer will not fulfill its obligations.

6.1.2. On the part of the Customer there is (application for) bankruptcy, suspension of payments, application of a statutory debt rescheduling scheme, placing under guardianship, attachment of more than three months, termination of the activities or sale of the company.

6.2. ‘Je Beweegreden’ may suspend the execution of the agreement if the Customer does not provide ‘Je Beweegreden’ with all necessary information necessary for a correct execution in a timely and truthful manner. This includes, in particular, but not limited to, Customer’s obligation to keep ‘Je Beweegreden’ informed of any (e.g., medical) impediments that could impede successful completion of the Program or jeopardize Customer’s safety. can bring. All resulting consequences and costs are for the account of the Customer. Claim for a refund is not possible.

6.3. ‘Je Beweegreden’ can dissolve the agreement if fulfillment of the Agreement has become permanently impossible or if unaltered maintenance cannot reasonably be expected of him.

6.4. Additional costs arising from non-cooperation of the Customer will be borne by the Customer.

6.5. If ‘Je Beweegreden’ proceeds to suspension or dissolution, the claims of ‘Je Beweegreden’ are immediately due and payable.

6.6. ‘Je Beweegreden’ is not obliged to pay compensation for damage and costs that would arise as a result of a suspension or dissolution.

6.7. If dissolution or suspension is attributable to the Customer, the latter is obliged to compensate ; Je Beweegreden’ for any direct and indirect damage caused. 

7 Cancellation and Replacement

7.1. An appointment for a Training is binding. In case of (written) cancellation of a Training within 24 hours before the start of the appointment, the costs will be charged.

7.2. The Customer acting in the exercise of a profession or business may allow another participant to participate in the Program instead of a participant registered for a Program, if the replacement is communicated to ‘jJe Beweegreden’ before the start date of the service and to the extent that ‘Je Beweegreden’ may agree to the participation of the participant proposed by the Client. Any associated additional costs are for the account of the Customer.

8 Retention of title

All goods delivered by ‘Je Beweegreden’ remain the property of ‘Je Beweegreden’ until the Customer has fulfilled all his payment obligations towards ‘Je Beweegreden’. Goods for which ownership has not yet been transferred may not be sold, pledged or otherwise encumbered.

9 Complaints, complaints, expiry periods

9.1. The customer must submit a written complaint to ‘Je Beweegreden’ within 8 days after he has discovered or should have discovered a defect in the delivered performance. In the event of late complaint, the possibility to invoke the defect lapses. For a Consumer, said term is two months, or within a reasonable time.

9.2. The customer must give ‘Je Beweegreden’ the opportunity to investigate a complaint (or have it investigated).

9.3. If a complaint is unfounded, the costs incurred by ‘Je Beweegreden’ will be borne by the Customer.

9.4. A (presumption of) right of complaint does not entitle to suspend a payment obligation.

9.5. Contrary to the statutory limitation periods, the limitation period for all claims and defenses of the Customer, who acts in the exercise of a profession or business, against ‘Je Beweegreden’ is one year.

10 Payment and collection

10.1. Payment is made by invoices in accordance with the agreed term. 

10.2. If the Customer does not pay on time by means of reversing the direct debit, he is in default and he owes the statutory (commercial) interest plus 2% from the moment he is in default until the moment of payment. When the payment term has expired, the Customer is legally in default, without a notice of default being required. As soon as the Customer is in default, all (future) claims of ‘Je Beweegreden’ against the Customer will become immediately due and payable and the default will also occur with regard to those claims without notice of default or other prior declaration within the meaning of art. 6:80 ff BW. In that case, ‘Your Motive’ is authorized to suspend its obligations under any agreement concluded with the Customer until full payment of all due and payable claims has been received.

10.3. Payments are first deducted from costs, then from accrued interest, then from principal and accrued interest.

10.4. The customer is never entitled to engage suspension and/or settlement.

10.5. If the Customer is in default with the (timely) fulfillment of any (payment) obligation, then, in addition to the principal and interest, all costs incurred in obtaining payment out of court will be borne by the Customer. In the event that the Customer is in default with the payment of the amounts invoiced to the Customer by ‘Je Beweegreden’, the Customer owes ‘Je Beweegreden’ (among other things) the extrajudicial (collection) costs. In that case, in derogation from Article 6:96 paragraph 5 of the Dutch Civil Code, ‘Je Beweegreden’ is also entitled to compensation and payment of the extrajudicial (collection) costs, which will be determined in that case. on an amount equal to 15% of the total outstanding principal with a minimum of €250 for each partially or completely unpaid invoice. 

11 Liability and Force Majeure

11.1. ‘Je Beweegreden’ is not liable for damage, of whatever nature, that has arisen because ‘Je Beweegreden’ is based on incorrect and/or incomplete data provided by or on behalf of the Customer.

11.2. ‘Je Beweegreden’ is never liable for damage to or caused by the Customer that is (partly) the result of a limited physical condition or health of the Customer if he uses the Program, while he should have realized that this is irresponsible given his physical condition. used to be.

11.3. The Customer is liable for damage, loss or theft of the material or accommodation made available by or via ‘Je Beweegreden’.

11.4. ‘Je Beweegreden’ will insure itself adequately against entrepreneurial risks. If ‘Je Beweegreden’ should be liable for any damage, then that liability is limited to a maximum of the invoice amount, at least to that part of the amount to which the liability relates, or to the insured amount plus the deductible, insofar as there is no is intentional or grossly negligent on the part of ‘Je Beweegreden’.

11.5. ‘Je Beweegreden’ is not liable for damage to or loss of property in training rooms insofar as ‘Je Beweegreden’ has taken measures to prevent damage to or loss of property.

11.6. ‘Je Beweegreden’ is only liable for direct damage. ‘Je Beweegreden’ is never liable for indirect damage, including consequential damage, lost profit, missed savings and damage due to business interruption.

11.7. ‘Je Beweegreden’ can suspend the obligations under the agreement during the period that there is force majeure on the part of ‘Je Beweegreden’. If this period lasts longer than 2 months, each of the parties is entitled to dissolve the agreement, without any obligation to pay compensation to the other party.

11.8. As far as ‘Je Beweegreden’ has partially fulfilled or will be able to fulfill its obligations under the agreement at the time of the occurrence of force majeure, ‘Je Beweegreden’ is entitled to separately invoice the part already fulfilled or to be fulfilled. The Customer is obliged to pay this invoice.

12 Third Party Indemnification

12.1. The Customer indemnifies ‘Je Beweegreden’ against any claims from third parties who suffer damage in connection with the execution of the agreement and the cause of which is attributable to others than ‘Je Beweegreden’.

12.2. If ‘Je Beweegreden’ should be addressed by third parties for this reason, the Customer is obliged to assist ‘Je Beweegreden’ both in and out of court and to do everything that may be expected of him in that case without delay. If the Customer fails to take adequate measures, ‘Je Beweegreden’ is entitled to do so itself, without notice of default. All costs and damage on the part of ‘Je Beweegreden’ and third parties arising as a result, are fully for the account and risk of the Customer.

13 Disputes and Applicable Law

13.1. Dutch law applies to every agreement between ‘Je Beweegreden’ and the Customer. The Dutch court has jurisdiction. 

13.2. Disputes will in the first instance be submitted to the competent court in the place of business of ‘Je Beweegreden’, unless the law prescribes otherwise. However, ‘Je Beweegreden’ remains authorized to bring the dispute before the competent court of the Customer’s registered office or domicile.