Terms & conditions
These Terms and Conditions are operated by UNPLUGGING and are part of all legal relationships between the Client and UNPLUGGING, unless the suitability of these Terms and Conditions is excluded or limited by the applicable laws, regulations or a written agreement.
1. DEFINITIONS In these general terms and conditions the terms described below are used with an initial capital letter. These terms mean:
a) Terms & conditions: these terms and conditions. b) Reflection period: the period in which an appeal can be made to the Right of Withdrawal. c) Services: collective term for all services that UNPLUGGING through the Platform is able to deliver to the Client, including courses in the field of fitness, health, fitness and well-being. d) Right of withdrawal: the right of the Client to revoke the Agreement within the Reflection Period. e) Client: a natural person who purchases one or more Services. f) Agreement: the agreement between the Client and UNPLUGGING regarding the access and use of the Platform. g) Platform: the interactive video platform of UNPLUGGING that can be reached via www.UNPLUGGING.nl and with which UNPLUGGING offers its Services.
2. OFFER 1. If an offer has a limited period of validity or if other conditions apply to an offer, this will be explicitly stated in the offer. 2. All offers and other expressions of UNPLUGGING are without obligation and are an invitation to purchase Services from UNPLUGGING. The fact that Services are offered at any time does not mean that these Services will be offered at all times. UNPLUGGING has the right to change and adjust the offer. 3. Mistakes and/or errors in the offer will not bind UNPLUGGING and the Client cannot hold UNPLUGGING liable based on these mistakes and / or errors.
3. AGREEMENT, SERVICES 1. The Agreement is established when the Client has registered via the Platform by creating an account and UNPLUGGING has confirmed the notification. The Client must be at least eighteen (18) years old. 2. When a Service is purchased by the Client, an individual agreement is always created between the Client and UNPLUGGING. 3. UNPLUGGING has the right to engage third parties in order to execute the Agreement and provide the Services.
4. RIGHT OF WITHDRAWAL 1. With each Agreement the Client is entitled to a Reflection Period consisting of fourteen (14) calendar days, within which he can revoke the Agreement without disclosing a reason. The Client may be asked about the reason(s) of revocation, but the Client is not obliged to reply. 2. The Reflection Period referred to in Article 4.1 consists of the fourteen (14) calendar days following the day on which the Agreement is concluded. 3. When exercising the Right of Withdrawal within the Reflection Period, the Client will owe UNPLUGGING an amount that is equal to that part of the Agreement that has been fulfilled by UNPLUGGING at the time when the Right of Withdrawal was performed, compared with the full value of the Agreement. The amount that the Client must pay UNPLUGGING is calculated based on the total price as determined in the Agreement.
5. EXERCISE THE RIGHT OF RIGHT BY THE CLIENT 1. If the Client wishes to revoke the Agreement, the Client has to inform UNPLUGGING of this by means of the standard form for withdrawal or in writing in a concrete manner. 2. If the Client exercises his Right of Withdrawal, any additional agreements will also be revoked.
6. PRICE AND PAYMENT 1. The prices stated on the Platform are in euros and include VAT and any other taxes imposed by the government. 2. Payment by the Client must take place via iDEAL, PayPal or credit card, prior to the purchase of a Service, unless otherwise agreed in writing.
7. ACCOUNT AND SECURITY 1. The Client is obliged to provide correct and complete information when creating the account. Incorrect information must be corrected immediately by the Client and incomplete information must be immediately completed by the Client. 2. The Client is responsible for the confidentiality of his account, including the login details. 3. The Client must notify UNPLUGGING immediately if unauthorized use is made of his or her Client account.
8. USE OF THE PLATFORM 1. The Client is not allowed to use the Platform in such a way that the functioning of the Platform is endangered and/or the offered information or the underlying software is compromised. 2. The Client is not permitted to use the Platform other than for personal and non-commercial purposes.
9. AVAILABILITY OF THE PLATFORM UNPLUGGING strives to make the Platform available as much as possible. Maintenance of the Platform enables parts of the Platform to be out of use. This will be limited to a minimum and communicated to the Client on time, unless this is logically impossible to do so.
10. THIRD PARTIES 1. The Platform offers articles from third parties. If the articles of these third parties are purchased, other conditions (of these third parties) may apply. 2. For the use of the Platform and the purchase of Services it may be that software of the third parties is required. In that case, separate conditions (of these third parties) may apply.
11. CHANGES TO THE AGREEMENT 1. UNPLUGGING has the right to change the Agreement at all times. 2. At least one month before an intended change to one or more parts of the Agreement takes effect: a) UNPLUGGING informs the Client of the content of the intended change(s); b) UNPLUGGING offers the Client the opportunity to terminate the Agreement free of charge.
12. SUSPENSION AND TERMINATION OF THE AGREEMENT BY UNPLUGGING UNPLUGGING is allowed to terminate all or part of its obligations under the Agreement or terminate the Agreement partially or as a whole if the Client: a) acts in disagreement with (a part of) these General Terms and Conditions; b) has been declared incompetent or has been placed under administration; c) has submitted an application for admission to the Debt Management of Natural Persons Act; d) has been admitted to the Debt Management of Natural Persons Act; e) has submitted its own declaration of bankruptcy; or f) has been declared bankrupt.
13. TERMINATION OF THE AGREEMENT BY CLIENT 1. The Agreement can be terminated by giving notice. If the Client does not terminate the Agreement one (1) month before the end date of the agreed term of the Agreement, the Agreement will automatically be extended for an indefinite period after the agreed term. 2. If the Agreement has been renewed for an indefinite period, the notice period is one (1) month. 3. The Agreement may be terminated at through the website of UNPLUGGING (www.UNPLUGGING.nl), by e-mail (info@UNPLUGGING.nl).
14. CLIENT LIABILITY 1. The Client is liable for any damage to UNPLUGGING that has resulted from the Client acting in conflict with a provision of these Terms and Conditions. 2. The Client is also liable for damage to UNPLUGGING that is caused with intent or reckless behavior of the Client. 3. If third parties make claims for compensation for damage suffered as a result of the Client having used the Platform and the Services of UNPLUGGING, the Client shall not hold UNPLUGGING liable.
15. LIABILITY UNPLUGGING 1. These Terms and Conditions do not limit or suspend UNPLUGGING’s liability, which by law cannot be limited or can be suspended. 2. UNPLUGGING is not liable for damage that has occurred because the Client has acted in conflict with one or more parts of these Terms and Conditions. 3. UNPLUGGING is not liable for indirect damage, in any form whatsoever. 4. UNPLUGGING is not liable for (damage to) articles from third parties that are offered through the Platform. 5. If the Client purchases an article from a third party through the Platform, for which this third party must have personal data, UNPLUGGING is not liable for damage caused by the processing of personal data by this third party. 6. The liability of UNPLUGGING is in maximized to the amount that UNPLUGGING’s insurer pays in a specific case.
16. FORCE MAJEURE The Client and UNPLUGGING are not liable for any delay or non-performance, directly or indirectly, as a result of force majeure. Force majeure includes failure with Internet connection, failure in the telecommunications infrastructure, malfunction of networks and malfunctions as a result of unlawful actions by third parties.
17. INTELLECTUAL PROPERTY RIGHTS The intellectual property rights of the Platform and the content of the Platform are property of UNPLUGGING, unless otherwise stated. The Client is not permitted to reproduce anything from the platform, to store it in an automated database or to make it public in any form or manner, either electronically, by photocopying, recording or in any other way than with prior written permission from UNPLUGGING, with the exception of news items and content that can be shared via social media on the Platform.
18. TRANSFER OF RIGHTS 1. The Client does not have the right to sell and/or transfer his rights and/or obligations under the Agreement to any third party, unless otherwise agreed upon in writing. 2. UNPLUGGING has the right to sell and/or transfer its rights and/or obligations under the Agreement without the Client's permission.
19. INVALID PROVISIONS If, at any time, a provision of these Terms and Conditions is completely or partially invalid, unenforceable or not executable under the applicable laws and/or regulations, then the other (parts of) provisions of these Terms and Conditions remain in effect. This provision will be replaced by an enforceable and executable provision which, given the purpose and intent of these Terms and Conditions, deviates as little as possible from the original provision.
20. PRIVACY The use of the Platform and the purchase of Unplugging Services is governed by the Privacy Regulations UNPLUGGING.
21. CITATION Terms & Conditions/ UNPLUGGING 2018.