TERMS AND CONDITIONS Conscious Strength
- Conscious Strength : Conscious Strength , established in Amsterdam under Chamber of Commerce no. 83726756
- Customer: the person with whom Conscious Strength has entered into an agreement.
- Parties: Conscious Strength and customer together.
- Consumer: a customer who is also an individual and who acts as a private person.
Applicability of general terms and conditions
- These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Conscious strength .
- Parties can only deviate from these terms and conditions if they have expressly agreed so in writing.
- The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.
Offers and quotes
- Offers and quotes from Conscious Strength are without obligation, unless expressly stated otherwise.
- An offer or quotation is valid for a maximum of 1 month, unless a different acceptance period is stated in the offer or quotation.
- If the customer does not accept an offer or quotation within the applicable term, the offer or quotation will lapse.
- Offers and quotations do not apply to repeat orders, unless the parties have expressly agreed this in writing.
- Upon acceptance of a non-binding quote or offer, Conscious Strength reserves the right to withdraw the quotation or offer within 3 days after receipt of the acceptance, without the customer being able to derive any rights from this.
- Verbal acceptance of the customer commits Conscious Strength only after the customer has confirmed this in writing (or electronically).
- All prices that Conscious Strength uses are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or otherwise agreed.
- All prices on that Conscious Strength uses for its products or services, on its website or otherwise made known, Conscious Strength change at any time.
- Increases in the cost prices of products or parts thereof, which Conscious Strength could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
- The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
- The price with regard to a service is determined by Conscious Strength determined on the basis of the actual hours spent.
- Conscious hourly rates Strength , applicable for the period in which he performs the work, unless a different hourly rate has been agreed.
- If parties for a service provided by Conscious Strength have agreed a total amount, this is always a target price, unless the parties have expressly agreed in writing on a fixed price, which cannot be deviated from.
- Conscious Strength is entitled to deviate up to 10% from the target price.
- If the target price is more than 10% higher, Conscious Strength to inform the customer in a timely manner why a higher price is justified.
- If the target price is more than 10% higher, the customer has the right to cancel the part of the order that exceeds the target price plus 10%.
- Conscious Strength has the right to adjust the prices annually.
- Prior to its entry, Conscious Communicate Strength price adjustments to the customer.
- The consumer has the right to cancel the agreement with Conscious Strength if he does not agree with the price increase.
Payments and payment term
- Conscious Strength may require a down payment of up to 50% of the agreed amount when entering into the agreement.
- The customer must make payments in arrears within 7 days after delivery of the product.
- Payment terms are regarded as strict payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default and in default, without Conscious Strength has to send the customer a reminder or put it in default.
- Conscious Strength reserves the right to make a delivery conditional on immediate payment or to demand security for the total amount of the services or products.
Consequences of not paying on time
- If the customer does not pay within the agreed term, Conscious Strength is entitled to charge an interest of 1% per month from the day the customer is in default, whereby part of a month is counted as a whole month.
- If the customer is in default, he also owes extrajudicial collection costs and any compensation to Conscious . strength .
- The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
- If the customer does not pay on time, Conscious Strength suspend its obligations until the customer has fulfilled its payment obligation.
- In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, Conscious ‘s claims are Strength on the customer immediately due.
- If the customer refuses to cooperate in the execution of the agreement by Conscious Strength , then he is still obliged to pay the agreed price to Conscious Strength to pay.
Right of advertising
- As soon as the customer is in default, Conscious Strength is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
- Conscious Strength invokes the right to complain by written or electronic notice.
- As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Conscious Strength , unless the parties agree otherwise.
- The costs for the return or return of the products will be borne by the customer.
Right of withdrawal
- A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
- the product has not been used
- it is not a product that can spoil quickly, such as food or flowers
- it is not a product that has been tailor-made or modified especially for the consumer
- it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
- the seal is still intact if it concerns data carriers with digital content (DVDs, CDs, etc.)
- the product is not a travel, transport ticket, catering assignment or form of leisure activity
- the product is not a loose magazine or newspaper
- it does not concern an (order for) emergency repairs
- the consumer has not waived his right of withdrawal
- The reflection period of 14 days as referred to 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 received the first product with a subscription
- as soon as the consumer has purchased a service for the first time
- as soon as the consumer has confirmed that he will purchase digital content via the internet
- The consumer can make his appeal to the right of withdrawal known via email@example.com, if desired using the withdrawal form that is available on the Conscious website. Strength , https://thejymmovement.nl, can be downloaded.
- Conscious within 14 days after making his right of withdrawal known Strength , failing which his right of withdrawal will lapse.
- The costs for returns are only borne by Conscious Strength if the entire order is returned.
- If the purchase costs and any other costs (such as shipping and return costs) are eligible for a refund according to the law, Conscious will Strength to refund these costs to the consumer within 14 days after receipt of the timely appeal to the right of withdrawal, provided that the consumer returns the product to Conscious in a timely manner. Strength has returned.
Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.
Right of retention
- Conscious Strength can invoke its right of retention and, in that case, retain the customer’s products until the customer has paid all outstanding accounts with regard to Conscious . Strength has paid, unless the customer has provided sufficient security for those costs.
- The right of retention also applies under previous agreements from which the customer still owes payments to Conscious strength .
- Conscious Strength is never liable for any damage that the customer may suffer as a result of using its right of retention.
Unless the customer is a consumer, the customer waives its right to settle any debt owed to Conscious Strength to be set off against a claim on Conscious strength .
Retention of title
- Conscious Strength remains the owner of all delivered products until the customer has fully fulfilled all its payment obligations towards Conscious Strength by virtue of what with Conscious Strength concluded any agreement whatsoever, including claims for failure to perform.
- Until then, Conscious Strength invoke its retention of title and take back the goods.
- Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
- If Conscious Strength invokes its retention of title, the agreement is deemed to have been dissolved and Conscious Strength the right to claim damages, lost profits and interest.
- Delivery takes place while stocks last.
- Delivery takes place at Conscious Strength , unless the parties have agreed otherwise.
- Delivery of products ordered online takes place at the address indicated by the customer.
- If the agreed amounts are not paid or are not paid on time, Conscious Strength has the right to suspend its obligations until the agreed part has been paid.
- In the event of late payment, there is a creditor’s default, with the result that the customer does not notify Conscious of a late delivery. Strength may object.
- The by Conscious Strength stated delivery times are indicative and do not entitle the customer to dissolution or compensation if these are exceeded, unless the parties have expressly agreed otherwise in writing.
- The delivery time starts after the quotation has been signed for approval by the customer to Conscious Strength by Conscious Strength has been confirmed to the customer in writing or electronically.
- Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless Conscious Strength cannot deliver within 14 days after receiving a written demand to do so or the parties have agreed otherwise.
The customer must ensure that the actual delivery of the products ordered by him can take place on time.
Transport costs are for the account of the customer, unless the parties have agreed otherwise.
Packing and Shipping
- If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which Conscious Strength cannot be held liable for any damage.
- If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to Conscious prior to transport. Strength , failing which Conscious Strength cannot be held liable for any damage.
- The customer undertakes to sufficiently insure and keep insured the following items against, among other things, fire, explosion and water damage as well as theft:
- delivered goods that are necessary for the execution of the underlying agreement
- business of Conscious Strength that are present with the customer
- goods delivered under retention of title
- The customer provides at the first request of Conscious Strength the policy of these insurances for inspection.
- If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
- Any additional costs as a result of early or late purchase of products will be fully borne by the customer.
- When the parties have entered into an agreement with a service-providing nature, this contains for Conscious Strength only best efforts obligations, no result obligations.
- The warranty with regard to products only applies to defects caused by faulty manufacture, construction or material.
- The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
- The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the moment when these are legally and/or actually delivered, at least come under the control of the customer or of a third party who takes delivery of the product on behalf of the customer.
- Exchange is only possible if the following conditions are met:
- exchange takes place within 14 days after purchase against presentation of the original invoice
- the product is returned in its original packaging or with the original (price) tags still attached
- the product has not yet been used
- Discounted items, non-perishable items such as foodstuffs, custom-made items or specially adapted items for the customer and individual lessons, monthly subscription, quarterly subscription, half-year subscription, hand wraps cannot be exchanged.
Performance of the agreement
- Conscious Strength will perform the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
- Conscious Strength has the right to have the agreed services (partially) performed by third parties.
- The execution of the agreement takes place in mutual consultation and after written agreement and payment of any agreed advance by the customer.
- It is the customer’s responsibility that Conscious Strength can start the execution of the agreement in a timely manner.
- If the customer has not ensured that Conscious Strength can start the execution of the agreement in time, the resulting additional costs and/or extra hours will be borne by the customer.
Information provided by the customer
- available to Conscious in a timely manner and in the desired form and manner . strength .
- The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, insofar as the nature of the agreement does not dictate otherwise.
- If and insofar as the customer requests this, Conscious . will return Strength the relevant documents.
- inform Conscious , not timely or properly, Strength Reasonably required information, data or documents are available and if the execution of the agreement is delayed as a result, the resulting additional costs and extra hours will be borne by the customer.
Duration of the agreement
- The Agreement between Conscious Strength and the customer are entered into for the duration of 1 Months, unless the nature of the agreement dictates otherwise or the parties have expressly agreed otherwise in writing.
- If an agreement has been entered into for a definite period, it will be tacitly converted into an agreement for an indefinite period after expiry of the term, unless one of the parties terminates the agreement with due observance of a notice period of 2 months, or a consumer terminates the agreement with observing a notice period of 1 month, the agreement will end by operation of law.
- If the parties have agreed on a term for the completion of certain activities within the term of the agreement, this is never a strict deadline. If this term is exceeded, the customer must Conscious Give Strength a written notice of default.
- Conscious Strength reserves all intellectual property rights (including copyright, patent law, trademark law, drawing and model law, etc.) on all designs, drawings, writings, carriers with data or other information, quotations, images, sketches, models, models, etc., unless the parties have agreed otherwise in writing.
- The customer may not use said intellectual property rights without the prior written consent of Conscious Strength is copied, shown to third parties and/or made available or used in any other way.
- If the other party violates the article of these general terms and conditions regarding confidentiality or intellectual property, it forfeits an immediately due and payable fine for each violation for the benefit of the trade name.
- if the other party is a consumer, this fine is € 1,000
- if the other party is a legal person, this fine is € 5,000
- In addition, the other party forfeits an amount of 5% of the amount mentioned in paragraph 1 for each day that that violation continues.
- No prior notice of default or legal proceedings are required for the forfeiture of this fine. There is also no need for any kind of damage.
- Forfeiture of the fine referred to in the first paragraph of this article does not affect the other rights of Conscious Strength including his right to claim damages in addition to the fine.
The customer indemnifies Conscious Strength against all third-party claims related to Conscious Strength delivered products and/or services.
- The customer must submit a Conscious Strength to examine the product or service provided as soon as possible for any shortcomings.
- If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must Conscious Strength as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
- Consumers Serve Conscious Strength to be informed of this within 2 months after the discovery of the shortcomings.
- The customer provides as detailed a description as possible of the shortcoming , so that Conscious Strength is able to respond adequately to this.
- The customer must demonstrate that the complaint relates to an agreement between the parties.
- If a complaint relates to ongoing work, this can in any case not lead to Conscious Strength can be held to perform other work than has been agreed.
Notice of default
- The customer must notify Conscious of any notice of default in writing strength .
- It is the responsibility of the customer that a notice of default Conscious Strength actually (timely) reached.
Joint and several liability customer
If Conscious Strength enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts that it pays Conscious under that agreement. Strength owe.
Liability Conscious Strength
- Conscious Strength is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.
- If Conscious Strength is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement.
- Conscious Strength is never liable for indirect damage, such as consequential damage, loss of profit, lost savings or damage to third parties.
- If Conscious Strength is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance policy and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount on which the liability relates.
- All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Any right of the customer to compensation from Conscious Strength lapses in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
Right to dissolution
- The customer has the right to dissolve the agreement when Conscious Strength imputably fails to fulfill its obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.
- Is the fulfillment of obligations by Conscious Strength is not permanently or temporarily impossible, then dissolution can only take place after Conscious Strength is in default.
- Conscious Strength has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill its obligations under the agreement, or if Conscious Strength has taken cognizance of circumstances that give it good grounds to fear that the customer will not be able to properly fulfill its obligations.
- In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming on the part of Conscious Strength in the fulfillment of any obligation to the customer not to Conscious Strength can be imputed in any of the wills of Conscious Strength independent situation, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected from Conscious Strength may be required.
- force majeure situation referred to in paragraph 1 also includes – but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
- If a force majeure situation occurs whereby Conscious Strength cannot fulfill 1 or more obligations to the customer, those obligations will be suspended until Conscious Strength can meet it again.
- From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
- Conscious Strength does not owe any (damage) compensation in a force majeure situation, even if it benefits from any advantage as a result of the force majeure situation.
Change of terms and conditions
- Conscious Strength is entitled to amend or supplement these general terms and conditions.
- Minor changes can be made at any time.
- Major substantive changes will be Conscious Discuss strength with the customer in advance as much as possible.
- Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
- Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Conscious strength .
- This provision applies as a stipulation with effect under property law as referred to in Section 3:83(2) of the Dutch Civil Code.
Consequences of nullity or voidability
- If one or more provisions of these general terms and conditions prove to be invalid or voidable, this will not affect the other provisions of these terms and conditions.
- In that case, a provision that is null or voidable will be replaced by a provision that comes closest to what Conscious Strength had in mind when drafting the conditions on that point.
Applicable law and competent court
- Only Dutch law applies to every agreement between the parties.
- The Dutch court in the district where Conscious Strength has its registered office / practice / office is exclusively authorized to take cognizance of any disputes between the parties, unless the law prescribes otherwise.
Prepared on November 2, 2021