Definitions
Choice for Health: Stichting Bridges 2000, located in Rotterdam under Chamber of Commerce no. 23092419.
Customer: the person with whom Choice for Health has entered into an agreement.
Parties: Choice for Health 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 Choice for Health.
Parties can only deviate from these terms and conditions if they have explicitly agreed to do so in writing.
The parties explicitly exclude the applicability of additional and / or deviating general terms and conditions of the customer or third parties.
Prices
All prices that Choice for Health 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 agreed otherwise.
All prices that Choice for Health uses for its products or services, on its website or that are otherwise published, Choice for Health can change at any time.
Increases in the cost prices of products or parts thereof, which Choice for Health 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.
Samples / models
If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products to be delivered correspond with the sample or model.
Consequences of not paying on time
If the customer does not pay within the agreed term, Choice for Health is entitled to charge 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 will also owe Choice for Health extrajudicial collection costs and any compensation.
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, Choice for Health may suspend its obligations until the customer has fulfilled his payment obligation.
In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, Choice for Health's claims against the customer are immediately due and payable.
If the customer refuses to cooperate with Choice for Health's performance of the agreement, he is still obliged to pay the agreed price to Choice for Health.
Right of Complaint
As soon as the customer is in default, Choice for Health is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
Choice for Health invokes the right to complain by means of a written or electronic communication.
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 Choice for Health, unless the parties make other agreements about this.
The costs for the return or return of the products are at the expense of 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:
- it is not a product that can spoil quickly, such as food or flowers
- it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
- the product is not a trip, transport ticket, catering order or form of leisure activity
- it does not concern an (order for) urgent repair
The reflection period of 14 days as referred to in paragraph 1 commences:
- as soon as the consumer has received the first product in a subscription
- as soon as the consumer has confirmed that he will purchase digital content via the internet
The consumer is obliged to return the product to Choice for Health within 14 days after making known his right of withdrawal, failing which his right of withdrawal will lapse.
If the purchase costs and any other costs (such as shipping and return costs) qualify for reimbursement by law, Choice for Health will refund these costs to the consumer within 14 days after receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Choice for Health on time.
Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend performance of any obligation arising from this agreement.
Right of retention
Choice for Health may invoke its right of retention and in that case retain the customer's products until the customer has paid all outstanding bills with regard to Choice for Health, unless the customer has provided sufficient security for those costs.
The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Choice for Health.
Choice for Health is never liable for any damage that the customer may suffer as a result of using his right of retention.
Settlement
Unless the customer is a consumer, the customer waives his right to set off a debt to Choice for Health against a claim on Choice for Health.
Retention of title
Choice for Health remains the owner of all delivered products until the customer has fully complied with all its payment obligations to Choice for Health under any agreement with Choice for Health, including claims for non-performance.
Until then, Choice for Health can invoke its retention of title and take the goods back.
Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
If Choice for Health invokes its retention of title, the agreement will be deemed dissolved and Choice for Health has the right to claim compensation, lost profit and interest.
Delivery
Delivery takes place while stocks last.
Delivery takes place at Choice for Health, 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 not paid on time, Choice for Health has the right to suspend its obligations until the agreed part has been paid.
In case of late payment, there is a default of creditors, with the result that the customer cannot object to a late delivery against Choice for Health.
Delivery time
The delivery times stated by Choice for Health are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have explicitly agreed otherwise in writing.
The delivery time commences when the customer has fully completed the (electronic) ordering process and has received an (electronic confirmation) from Choice for Health.
Actual delivery
The customer must ensure that the actual delivery of the products ordered by him can take place on time.
Transportation costs
Transport costs are at the expense of the customer, unless the parties have agreed otherwise.
Packaging and shipping
If the packaging of a delivered product is opened or damaged, the customer must, before receiving the product, have a note drawn up by the forwarder or delivery person, failing which Choice for Health cannot be held liable for possible damage.
If the customer takes care of the transport of a product, he must report any visible damage to products or the packaging to Choice for Health prior to transport, failing which Choice for Health cannot be held liable for any damage.
Retention
If the customer does not purchase the ordered products until 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 premature or late purchase of products are entirely at the expense of the customer.
Guarantee
The warranty with regard to products applies only 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 improper 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 time when they are legally and / or actually delivered, or at least come under the control of the customer or a third party who takes delivery of the product on behalf of the customer.
Disclaimer
The customer indemnifies Choice for Health against all claims from third parties related to the products and / or services supplied by Choice for Health.
Complaints
The customer must examine a product or service provided by Choice for Health as soon as possible for any shortcomings.
If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Choice for Health of this as soon as possible, but in any case within 1 month after discovery of the shortcomings.
Consumers must inform Choice for Health of this within 2 months after discovery of the shortcomings.
The customer provides a description of the shortcoming in as much detail as possible, so that Choice for Health is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this cannot in any case lead to Choice for Health being obliged to perform other work than agreed.
Notice of default
The customer must provide notice of default in writing to Choice for Health.
It is the responsibility of the customer that a notice of default actually reaches Choice for Health (on time).
Joint and several liability of the customer
If Choice for Health enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts owed to Choice for Health under that agreement.
Liability Choice for Health
Choice for Health is only liable for any damage that the customer suffers if and insofar as that damage is caused by intent or deliberate recklessness.
If Choice for Health is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement.
Choice for Health is never liable for indirect damage, such as consequential damage, loss of profit, missed savings or damage to third parties.
If Choice for Health is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance 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. to which the liability relates.
All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and only approximate and can not give rise to compensation and / or (partial) dissolution of the agreement and / or suspension of any obligation.
Expiration period
Any right of the customer to compensation from Choice for Health will in any case lapse 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of article 6:89 of the Dutch Civil Code.
Right to cancel
The customer has the right to dissolve the agreement if Choice for Health imputably fails to fulfill its obligations, unless this shortcoming does not justify termination in view of its special nature or minor significance.
If the fulfillment of the obligations by Choice for Health is not permanent or temporarily impossible, dissolution can only take place after Choice for Health is in default.
Choice for Health has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill his obligations under the agreement, or if Choice for Health has taken cognizance of circumstances that give him good grounds to fear that the customer will not be able to properly fulfill its obligations.
Force of the majority
In addition to the provisions of Article 6:75 Dutch Civil Code, a failure of Choice for Health in the fulfillment of any obligation towards the customer cannot be attributed to Choice for Health in a situation independent of Choice for Health's will. , 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 of Choice for Health.
The force majeure situation referred to in paragraph 1 also includes - but is not limited to -: a state of emergency (such as civil war, uprising, riots, natural disasters, etc.); defaults and force majeure on the part of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transportation problems, bad weather and work stoppages.
If a force majeure situation occurs as a result of which Choice for Health is unable to fulfill 1 or more obligations towards the customer, then those obligations will be suspended until Choice for Health can meet them 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.
Choice for Health does not owe any (damage) compensation in a force majeure situation, even if it enjoys any advantage as a result of the force majeure situation.
Amendments to the agreement
If, after the conclusion of the agreement for its implementation, it proves necessary to change or supplement its content, the parties will adjust the agreement accordingly in good time and in mutual consultation.
Changes to general terms and conditions
Choice for Health is entitled to amend or supplement these general terms and conditions.
Changes of minor importance can be made at any time.
Choice for Health will discuss major substantive changes with the customer as much as possible in advance.
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 Choice for Health.
This provision applies as a clause with property law effect as referred to in Article 3:83, second paragraph, of the Dutch Civil Code.
Consequences of nullity or voidability
If one or more provisions of these general terms and conditions appear to be invalid or voidable, this will not affect the other provisions of these terms and conditions.
In that case, a provision that is void or voidable will be replaced by a provision that comes closest to what Choice for Health had in mind when drawing up the conditions on that point.
Applicable law and competent court
Dutch law is exclusively applicable to every agreement between the parties.
The Dutch court in the district where Choice for Health is established / has a practice / has its office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.
Prepared on April 2, 2020.