The Health Sessions provides lifestyle and health advice and consults online. Due to the nature of Internet, analyses and advice are given without the benefit of physical and/or psychological examination. The Health Sessions relies on information provided by the client. It is important for the client to provide complete and truthful information. The Health Sessions cannot guarantee any efficacy of treatment and is not responsible or liable for any consequences of the advice provided.
Article 1. Definitions
The terms used in these general terms and conditions are defined as follows:
- Client: each party that has engaged The Health Sessions to perform work.
- File: digital product which is to be delivered to the client electronically.
- The Health Sessions: business name of the user of these general terms and conditions.
- Website: the website of The Health Sessions.
Article 2. Applicability
- These terms and conditions govern the client’s use of the website, including any use of The Health Sessions’ health advice and services. These terms and conditions are also applicable to all offers, quotations and all contracts between The Health Sessions and a client. The client’s use of the website and/or order is presumed to be an acceptance of these terms and conditions.
- Any deviation of these terms and conditions should be made clear in writing.
- Unless otherwise is agreed in writing, the applicability of any purchasing or other conditions of the client is expressly rejected.
- If one or more of the provisions of these general terms and conditions are invalid or set aside, the remaining provisions of these general terms and conditions shall remain applicable in full. The Health Sessions and the client will in that case enter into consultation with a view to making agreement on the substitution of the invalid provisions with new ones that approach as closely as possible the purpose and the tenor of the original provisions.
- The Health Sessions may amend the present conditions. Amendments shall also apply to contracts already entered to. The Health Sessions shall announce any such amendments well in advance. The client may terminate the contract as per the date on which the amended conditions will take effect, if the client does not wish to accept such amended conditions.
Article 3. Offers and agreements
- All quotations and offers issued by The Health Sessions shall be without engagement.
- The Health Sessions can revoke all quotations and offers. The Health Sessions has the right to revoke an accepted offer within 3 business days after acceptance.
- Additions and/or changes to the order confirmation and/or quotation are only binding on the parties if these have been laid down by the parties in writing. The Health Sessions cannot be bound by the offer if the offer contains a mistake, which should reasonably be recognized as a mistake by the client.
- The contract shall only come into force upon confirmation of The Health Sessions to the client or when The Health Sessions makes a start with the execution of the contract, in accordance with the client.
- The contents of the contract are considered to be laid down in full and as the only document in order confirmation.
- The Health Sessions reserves the right to cancel any order by giving reasonable notice to the client.
Article 4. Prices and payment
- Prices set by The Health Sessions are tax-inclusive.
- If taxes and duties or charges by any governmental body or authority change after closing of the contract, the price-increase can be charged to the consumer within 3 months after the closing of the contract. In case of a price-increase after these 3 months, the consumer is entitled to repudiate the contract.
- Any other price-increase is not allowed during the execution of the contract.
- Payment can be made online, in the secure environment of a reputable payment service provider. However, such online payments are made at the client’s own risk.
- Payment of any invoices shall be made within 14 days of the date of the invoice issued by The Health Sessions. If the client fails to remit payment within the 14-day period, the client shall be held in default by operation of law. The client shall in that case be liable for the payment of interest equal to the statutory commercial interest rate at that time. The interest over the payable amount shall be calculated from the time at which the client was held in default until the time of full and final settlement. If the client fails to remit payment within the 14-day period, The Health Sessions will be entitled to claim the in court and out of court costs with the client.
- In the event of the client being liquidated, declared bankrupt or granted suspension of payment, the claims of The Health Sessions on the client shall become immediately due and payable.
Article 5. Execution of agreement
- The Health Sessions will render all services to the best of his knowledge and ability and in conformity with generally accepted professional standards.
- The Health Sessions aims to ensure that all information published by The Health Sessions is accurate and consistent with current knowledge. However, medical and psychological knowledge and practice is constantly evolving and individual cases may require specific advice that cannot be addressed through the Internet.
- The Health Sessions is not intended to replace a consultation with an appropriately qualified health professional. All information on the website, including advice and services by The Health Sessions, is provided for information only. The Health Sessions cannot guarantee that all information provided will meet the client’s health or medical requirements.
- The client warrants and undertakes that all information provided by him/her to The Health Sessions is correct and true and that the client does not withheld any information that might be useful in any way.
Article 6. Right of withdrawal and cancellation
- When purchasing products, the client has the option to repudiate the contract without specifying any reasons for a period of fourteen days, starting on the day the product is received. Exclusion of the right of withdrawal is possible for products:
- that were used, damaged or incomplete;
- that are damaged by the client;
- that spoil, as protective film or cleaning fluid;
- which are custom made for the client;
- which can not be exchanged for hygienic reasons.
- Which are files (as mentioned in article 1);
- such as completed or redeemed vouchers or coupons.
- During this period, the client shall handle the product and the packaging with care. The client shall only unpack or use the product to the extent necessary to judge whether he wishes to keep the product.
- The client who wishes to exercise his right of withdrawal (article 6.1) shall return the product with all delivered accessories and in the original condition and packaging to The Health Sessions. The client shall act in conformity with The Health Sessions’ reasonable instructions for withdrawal.
- The returning costs are at the client’s expense.
- Should the client exercise the right of withdrawal, The Health Sessions shall return the amount paid as soon as possible, but within not more than 30 days after the return or withdrawal.
- The client may cancel the order at any time before the order is executed, except for products which are manufactured to the client’s specifications (custom made), such as personal advice. In case of cancellation the client shall pay 50% of the total invoice amount plus all costs incurred for the execution of the order.
- The right of withdrawal shall apply only to tangible products and will not be applied to files (digital files).
Article 7. Intellectual property
- The Health Sessions reserves all rights and powers under the Dutch Copyright Act. All designs, sketches, drawings, products etc. issued by The Health Sessions remain the property of The Health Sessions.
- With regard to files, delivered to the client by The Health Sessions, The Health Sessions shall grant the client the non-exclusive right to use the file(s). The client may use the file at its sole discretion but (commercial) sales of the file without permission of The Health Sessions is not allowed. The client is not allowed to publish the file(s).
- This article shall remain in force after termination of the agreement between the client and The Health Sessions.
Article 8. Complaints
- Any complaints, faults or defects shall be reported in writing within 14 days of discovery. The Health Sessions has an internal complaints and dispute resolution service that will be followed.
Article 9. Force majeure
- The Health Sessions is not required to comply with any obligation if prevented from doing so as a result of a circumstance that is beyond their control and for which they cannot be held accountable by virtue of the law, a juristic act or generally accepted views. The Health Sessions can suspend his contractual obligations during the period of force majeure. If the period of force majeure lasts for longer than two months, either party shall be entitled to dissolve the contract without being obliged to pay any compensation for damages to the other party.
- In these general conditions, force majeure is defined – in addition to that which is deemed as such by law and legal precedent – as all circumstances, foreseen or unforeseen, that are beyond the control of The Health Sessions but which prevent The Health Sessions from meeting his obligations. That includes strikes at The Health Sessions’ business.
Article 10. Liability
- In the event of The Health Sessions being held liable, that liability shall be limited to the provisions of this article. This article is subject to exception in cases of intentional act or omission on par with gross negligence on the part of The Health Sessions.
- The Health Sessions is not liable to the client for any incidental, indirect, special or consequential damages arising out of or in connection with the contract.
- The Health Sessions cannot guarantee uninterrupted access to the website, and cannot accept any responsibility for any damage arising from the unavailability of the website or the information it contains.
- The Health Sessions’ liability for losses or damage suffered by the client as a result of the contract is limited by the amount of which The Health Sessions’ liability is insured. In the event of the damage, attributable to The Health Sessions, is not paid by the insurer of The Health Sessions, the liability of The Health Sessions will not exceed the costs of the original order.
- The client clears The Health Sessions of any claims by third parties, which have suffered damage as a result of the execution of the agreement and that have a cause that cannot be attributed to The Health Sessions.
- The client agrees that The Health Sessions will not be responsible for any claims, losses or damages arising out of or relating to the misuse of or inappropriate reliance on the contents or advice provided by The Health Sessions, except to the extent that such liability cannot be excluded by law.
Article 11. Disputes
- All legal relationships between The Health Sessions and the client to which these terms and conditions apply shall be governed by the laws of the Netherlands.
- In the absence of mandatory rules of law to the contrary, the court in Rotterdam has exclusive competent jurisdiction.
- The parties shall not refer a matter to court until they have done their utmost to resolve the dispute in mutual consultation.