General Terms and Conditions

 

VIVOVibes is registered in the Chamber of Commerce under number 69911479 and is located at Moerweg 416, 2531BK, The Hague.

 

Article 1 – Definitions

  1. In these general terms and conditions, the following terms are used in the following meaning, unless expressly stated otherwise.
  2. Coach: The natural or legal person who provides the services.
  3. Offer: any offer or quotation to the Client for the provision of Services by VIVOVibes.
  4. Company: The natural or legal person acting in the exercise of a profession or business.
  5. Consumer: The natural person who does not act in the exercise of a profession or business.
  6. Participant: The natural person who actually participates in the Services.
  7. Services: The services of VIVOVibes are personal training, small group training, duo training, outdoor training, nutritional tips, coaching, yoga, sports lessons as well as sports activities in the broadest sense of the word.
  8. VIVOVibes: VIVOVibes.
  9. Client: the Company or Consumer that has appointed VIVOVibes, or to which VIVOVibes has made a proposal on the basis of an Agreement.
  10. Agreement: any Agreement, Contract, other obligations between the Client and VIVOVibes, as well as proposals from VIVOVibes for Services provided by VIVOVibes to the Client and which are accepted by the Client and have been accepted and carried out by VIVOVibes, with which these general terms and conditions form an inseparable whole.

 

Article 2 – Applicability

  1. These general terms and conditions apply to every Offer from VIVOVibes, every Agreement between VIVOVibes and the Client and to every service offered by VIVOVibes.
  2. Before an Agreement is concluded, the Client will be provided with these general terms and conditions. If this is not reasonably possible, VIVOVibes will indicate to the Client how the Client can view the general terms and conditions.
  3. Deviation from these general terms and conditions is not possible. In exceptional situations, the general terms and conditions may be deviated from, provided this has been explicitly agreed in writing with VIVOVibes.
  4. These general terms and conditions also apply to additional, amended and follow-up orders from the Client.
  5. The minimum age of the Client must be 18 years, unless the minor aged 14 or older has obtained explicit and written permission from his/her parent(s) and/or legal guardian.
  6. If one or more provisions of these general terms and conditions are partially or completely void or are voided, the other provisions of these general terms and conditions will remain in effect and the void/nullified provision(s) will be replaced by a provision with the same scope as the original provision.
  7. Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions must be assessed and explained in the spirit of these general terms and conditions.
  8. The applicability of Articles 7:404 of the Dutch Civil Code and 7:407, paragraph 2, of the Dutch Civil Code is explicitly excluded.
  9. If these general terms and conditions refer to she/her, this should also be construed as a reference to he/him/his, if and to the extent applicable.
  10. In the event that VIVOVibes has not always required compliance with these general terms and conditions, it retains its right to demand full or partial compliance with these general terms and conditions.

 

Article 3 – The Offer

  1. All offers made by VIVOVibes are without obligation, unless expressly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be expressly stated in the Offer.
  2. VIVOVibes is only bound to an Offer if it is confirmed in writing by the Client within 30 days. Nevertheless, VIVOVibes has the right to refuse an Agreement with a (potential) Client for a reason justified by VIVOVibes.
  3. The offer contains a description of the Services offered. The description is sufficiently specified so that the Client is able to make a good assessment of the offer. Any information in the offer is only an indication and cannot be a ground for any compensation or termination of the Agreement.
  4. Offers or quotations do not automatically apply to follow-up orders.

 

Article 4 – Conclusion of the Agreement

  1. The Agreement is concluded when the Client has accepted an Offer or Agreement from VIVOVibes by scheduling an appointment with VIVOVibes after the trial lesson if this applies.
  2. VIVOVibes is not bound to an Offer if the Client could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or typo. The Client cannot derive any rights from this error or typo.
  3. Any Agreement entered into with VIVOVibes is vested in the company and not an individual associated with VIVOVibes.
  4. The right of withdrawal of the Client being a Company is excluded, unless otherwise agreed. The Client being a Consumer has the right to withdraw during the statutory period of 14 days, unless VIVOVibes has already started providing Services with the Client’s permission. By means of this consent, the Client waives its right of withdrawal.
  5. If the Agreement is entered into by multiple Clients, each Client is individually jointly and severally liable for the fulfillment of all obligations arising from the Agreement.
  6. The Agreement is strictly personal and non-transferable.

 

Article 5 – Duration of the Agreement

  1. The Agreement is entered into for a definite period.
  2. Both the Client and VIVOVibes can terminate the Agreement on the basis of an attributable shortcoming in the performance of the Agreement if the other party has been given written notice of default and has been given a reasonable period to fulfill its obligations and it still fails to do so. Obligations must be fulfilled correctly. This also includes the Client’s payment and cooperation obligations.
  3. The dissolution of the Agreement does not affect the Client’s payment obligations insofar as VIVOVibes has already carried out work or delivered services at the time of the dissolution. The Client must pay the agreed fee.
  4. Both the Client and VIVOVibes can terminate the Agreement in whole or in part in writing without further notice of default, with immediate effect if VIVOVibes is in a suspension of payments, bankruptcy has been filed or the relevant VIVOVibes company ends due to liquidation. If a situation as stated above occurs, VIVOVibes is never obliged to reimburse funds already received and/or compensation.
  5. If an already planned appointment is canceled and/or rescheduled by the Client from 24 hours until the start date, VIVOVibes is entitled to charge the time reserved for this purpose on the basis of the established (hourly) rate, as well as costs already incurred for the benefit of the performance of the Agreement, to be charged to the Client.
  6. In the event of a long-term injury or illness of the participant, VIVOVibes will freeze the course so that the Client does not lose any training sessions. If the injury or illness lasts longer than six months, VIVOVibes will settle the remaining training with the Client and refund the remainder, after submitting a medical certificate from the relevant doctor or specialist.
  7. If the coach is absent due to illness, the Client is entitled to catch up on training on another date in consultation with (and according to the coach’s agenda).
  8. If the Coach is no longer available for providing sessions for the Client, for whatever reason, VIVOVibes will make a replacement Coach available. This does not entitle the Client to terminate the agreement or to receive any (damage) compensation.

 

Article 6 – Execution of the Services

  1. VIVOVibes will make every effort to perform the agreed Service with the greatest possible care, as may be expected of a good service provider. VIVOVibes provides professional and independent services. All Services are performed on the basis of a best efforts obligation.
  2. The Agreement on the basis of which VIVOVibes performs the Services determines the size and scope of the services. The Agreement will only be executed for the benefit of the Client. Third parties cannot derive any rights from the content of the Services performed in connection with the Agreement.
  3. The information and data provided by the Client are the basis on which the Services offered by VIVOVibes and the prices are based. VIVOVibes has the right to adjust its services and prices if the information provided proves to be incorrect and/or incomplete.
  4. When performing the Services, VIVOVibes is not obliged to follow the Client’s instructions if this changes the content or scope of the agreed Services. If the instructions require further work from VIVOVibes, the Client is obliged to reimburse the additional costs accordingly on the basis of a new quotation.
  5. Client and/or Participant must complete a health questionnaire before starting the training.
  6. VIVOVibes is entitled to engage third parties to perform the Services at its own discretion.
  7. If the nature and duration of the assignment require this, VIVOVibes will keep the Client informed of the progress monthly by means of a short report in the agreed manner. Details will be passed on to the Client by telephone or via app.
  8. The performance of the Services is based on the information provided by the Client. If the information needs to be changed, this may have consequences for any established planning. VIVOVibes is never liable for adjusting the planning. If the commencement, progress or delivery of the Services is delayed because, for example, the Client has not provided all requested information or has not provided it on time, or has not provided it in the desired format, does not provide sufficient cooperation, any advance payment has not been received on time by VIVOVibes or If there is a delay due to other circumstances, which are at the expense and risk of the Client, VIVOVibes is entitled to a reasonable extension of the delivery period. All damage and additional costs resulting from delay due to a cause as mentioned above are at the expense and risk of the Client.
  9. Everyone must adhere to the stated rules of conduct of VIVOVibes. Violation of this may result in the Agreement being dissolved and the Client being denied access to the sessions with VIVOVibes.
  10. If the Coach gives an instruction to the Client, the Client is obliged to follow these (reasonable) instructions.
  11. If the Client takes a trial lesson at VIVOVibes, this is free of charge when purchasing a personal training package. If no personal training package is purchased, the trial lesson is €20.

 

Article 7 – Obligations of the Client

  1. The Client is obliged to provide all information requested by VIVOVibes as well as relevant attachments and related information and data on time and/or before the start of the Services and in the desired form for the correct and efficient execution of the Agreement. Failing this, VIVOVibes may not be able to fully implement and/or deliver the relevant documents. The consequences of such a situation are at all times at the expense and risk of the Client.
  2. VIVOVibes is not obliged to check the accuracy and/or completeness of the information provided to it or to update the Client with regard to the information if it has changed over time, nor is VIVOVibes responsible for the accuracy and completeness of the information compiled by VIVOVibes for third parties and/or provided to third parties in the context of the Agreement.
  3. VIVOVibes may request additional information if this is necessary for the execution of the Agreement. Failing this, VIVOVibes is entitled to suspend its work until the information has been received, without being obliged to pay any compensation to the Client on any grounds whatsoever. In the event of changed circumstances, the Client must notify VIVOVibes immediately or no later than 3 working days after the change has become known.
  4. The Client has a reporting obligation regarding (potential) health risks related to sports. The Client is obliged to inform VIVOVibes before the start of a training or before using the equipment and/or aids from VIVOVibes if he suffers from injuries and/or uses medications that prevent him from performing normally. The Client is responsible and liable for failure to provide this information, to do so in a timely manner and/or incompletely. The Client must complete a health questionnaire for this purpose.
  5. All (physical) damage resulting from the use of the aids and/or facilities as well as participation in the training is entirely at the Client’s own risk and responsibility.
  6. The Client must adhere to the rules of conduct. Failing this, VIVOVibes is entitled to deny the Client the training for 3 years.

 

Article 8 – (Nutritional) tips, advice and coaching

  1. VIVOVibes can, if instructed to do so, draw up tips and/or an action plan for the services provided. The content hereof is not binding and only advisory in nature, but VIVOVibes will observe its duties of care. The Client decides himself and on his own responsibility whether to follow the advice.
  2. The tips provided by VIVOVibes, in whatever form, can never be regarded as medical or dietary tips. VIVOVibes Services are expressly not intended as regular medical treatment or its replacement by a general practitioner or medical specialist, nor as treatment or its replacement by a dietician. If the Client interprets this advice as medical or dietary advice, the Client must first discuss this with a trained specialist. The advice only contains general guidelines for a more conscious lifestyle. In the event of acute or chronic health complaints or worsening of health complaints, the Client or Participant is urgently recommended to immediately contact the treating doctor or medical specialist.
  3. At the first request of VIVOVibes, the Client is obliged to assess proposals submitted by him. VIVOVibes is delayed in its work because the Client does not assess a proposal made by VIVOVibes or does not assess it in a timely manner, the Client is at all times responsible for the consequences arising from this, such as delay.
  4. The nature of the service means that the result is always dependent on external factors that can influence the tips from VIVOVibes, such as the quality, accuracy and timely delivery of required information and data from the Client. The Client guarantees the quality and the timely and correct delivery of the required data and information.
  5. The Client will inform VIVOVibes in writing prior to the start of the work of all circumstances that are or may be important, including any points and priorities for which the Client requires attention.
  6. In addition to personal training, the client can also purchase transformational coaching. This transformational coaching can be taken separately from personal training. This coaching aims to work on personal mindset and transformative shifts in perceptions. VIVOVibes supplies accredited transformational coaching not necessarily linked to training.The Client is at all times responsible for the use of the coaching and for the purposes for which it was provided, achieving the objectives and results intended by the Client and adhering to (safety) instructions and precautions.

 

Article 9 – Training

  1. VIVOVibes Training can provide a Service for the Client and/or other participants. VIVOVibes is entitled to maximize the number of participants in the case of an outdoor group training.
  2. If the Participant is not present for the outdoor training on time, VIVOVibes has the right to refuse the Participant in question for the outdoor training. Unless expressly agreed otherwise, the Participant is not entitled to a refund of monies already paid or to catch up on a training course.
  3. The Service is tailored as far as possible to the wishes and needs of the relevant Participant(s).
  4. The Client or Participant will inform VIVOVibes in writing prior to the start of the Service of all circumstances that are or may be important, including any points and priorities for which the Client requires attention. This also includes any medical complaints and/or injuries that could (possibly) limit or hinder the Participant’s usual participation.
  5. VIVOVibes is entitled to cancel the outdoor training or move it to another date if there are too few registrations or if the weather is not supportive. It is at the sole discretion of VIVOVibes to reschedule the outdoor training. The Client or Participant will be informed of this as soon as possible. If there are too many registrations, VIVOVibes is entitled to refuse the Participants who most recently registered for outdoor training.

 

Article 10 – Additional work and changes

  1. If during the execution of the Agreement it appears that the Agreement needs to be adjusted, or if further work is required at the request of the Client to achieve the Client’s desired result, the Client is obliged to reimburse this additional work at the agreed rate. VIVOVibes is not obliged to comply with this request and may require the Client to conclude a separate Agreement for this purpose and/or to refer it to an authorized third party.
  2. If the additional work is the result of negligence on the part of VIVOVibes, VIVOVibes has made an incorrect assessment or could have reasonably foreseen the work in question, these costs will not be passed on to the Client.

 

Article 11 – Prices and payment

  1. All prices are exclusive of sales tax (VAT) and excluding other costs, such as other government levies, administration costs and third-party costs, unless otherwise agreed.
  2. VIVOVibes provides its services in accordance with the agreed rate in accordance with the chosen package. After the first official training, VIVOVibes will invoice the training in advance. The amount must be paid in one go, unless otherwise agreed.
  3. The Client is obliged to fully reimburse the costs of third parties that are used by VIVOVibes after the Client’s approval, unless expressly agreed otherwise.
  4. The Client cannot derive any rights or expectations from a quotation issued in advance, unless the parties have expressly agreed otherwise.
  5. VIVOVibes is entitled to increase the applicable prices and rates annually in accordance with the applicable inflation rates. Other price changes during the Agreement are only possible if and insofar as they are expressly laid down in the Agreement.
  6. The Client must pay these costs in one go, without settlement or suspension, within the specified payment term of a maximum of 14 days as stated on the invoice to the account number and details of VIVOVibes made known to it.
  7. In the event of personal bankruptcy, or request for payment towards the Client, payment and all other obligations of the Client under the Agreement become immediately due and payable.
  8. Participation in the training will be blocked as long as the payment obligation has not been met. VIVOVibes is entitled to terminate the relationship with the Client in the event of payment arrears, without the payment obligation lapsing.

 

Article 12 – Collection policy

  1. If the Client does not meet its payment obligation and has not fulfilled its obligation within the set payment term, the Client, being a Company, is legally in default. The Client, being a Consumer, will first receive a reminder by email with a period of 14 days after the date of the reminder to still meet the payment obligation, including a statement of the extrajudicial costs if the Consumer does not meet its obligations within that period, before he falls into default.
  2. From the date that the Client is in default, VIVOVibes will be entitled, without further notice of default, to statutory commercial interest from the first day of default until full payment, and reimbursement of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, to be calculated according to the scale from the decision on compensation for extrajudicial collection costs of July 1, 2012.
  3. VIVOVibes has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement. The full legal and enforcement costs incurred will also be borne by the Client.

 

Article 13 – Privacy, data processing and security

  1. VIVOVibes handles the Client’s (personal) data with care and will only use it in accordance with the applicable standards. If requested, VIVOVibes will inform the person concerned about this.
  2. The Client is responsible for the processing of data that is processed using a VIVOVibes service. The Client also guarantees that the content of the data is not unlawful and does not infringe any rights of third parties. In this context, the Client indemnifies VIVOVibes against any (legal) claim related to this data or the execution of the Agreement.
  3. If VIVOVibes must provide information security under the Agreement, this security will meet the agreed specifications and a security level that, given the state of the art, the sensitivity of the data, and the associated costs is not unreasonable.
  4. The Client is prohibited from taking photos and/or images of others in and around the location. If this is violated, VIVOVibes is entitled to immediately suspend or terminate the Agreement.

 

Article 14 – Suspension and dissolution

  1. VIVOVibes has the right to retain the data, data files and more received or realized by it if the Client has not yet (fully) met its payment obligations. This right remains in full force if a valid reason for VIVOVibes arises, which justifies suspension in that case.
  2. VIVOVibes is entitled to suspend the fulfillment of its obligations as soon as the Client is in default with the fulfillment of any obligation arising from the Agreement, including late payment of its invoices. The suspension will be immediately confirmed in writing to the Client.
  3. In that case, VIVOVibes is not liable for damage, on whatever grounds, as a result of suspending its activities.
  4. The suspension (and/or dissolution) does not affect the Client’s payment obligations for work already carried out. In addition, the Client is obliged to reimburse VIVOVibes for any financial loss that VIVOVibes suffers as a result of the Client’s default.

 

Article 15 – Force majeure

  1. VIVOVibes is not liable if it cannot fulfill its obligations under the Agreement as a result of a force majeure situation.
  2. Force majeure on the part of VIVOVibes includes in any case, but is not limited to: (i) force majeure of suppliers of VIVOVibes, (ii) failure to properly fulfill obligations of suppliers supplied by VIVOVibes Client or its third parties have been prescribed or recommended to VIVOVibes, (iii) defective software or any third parties involved in the performance of the service, (iv) government measures, (v) pandemic and/or epidemics, (vi) malfunction of electricity, internet, data network and/or telecommunications facilities, (vii) illness of employees of VIVOVibes or advisors engaged by it and (viii) other situations that, in the opinion of VIVOVibes, are beyond its control and temporarily or permanently prevent the fulfillment of its obligations.
  3. In the event of force majeure, both Parties have the right to terminate the Agreement in whole or in part. In that case, all costs incurred before the termination of the Agreement will be paid by the Client. VIVOVibes is not obliged to compensate the Client for any losses caused by such a withdrawal.
  4. If a training cannot be carried out due to COVID government measures, the Client has the option to catch up on the training when the measures have been lifted.

 

Article 16 – Limitation of liability

  1. In the event of an attributable shortcoming on the part of VIVOVibes, VIVOVibes is only obliged to pay any compensation if the Client has given notice of default to VIVOVibes within 14 days after discovery of the shortcoming and VIVOVibes subsequently failed to remedy this shortcoming within a reasonable period. The notice of default must be submitted in writing and contain such an accurate description/substantiation of the shortcoming, so that VIVOVibes is able to respond adequately.
  2. If the provision of Services by VIVOVibes leads to liability of VIVOVibes, that liability is limited to the total amount invoiced under the Agreement, but only with regard to the direct damage suffered by the Client, unless the damage is the result of intent or recklessness bordering on intent on the part of VIVOVibes. Direct damage is defined as: reasonable costs incurred to limit or prevent direct damage, determining the cause of damage, direct damage, liability and the method of repair. Liability is further limited to the maximum amount paid out by its insurance company per claim per year.
  3. VIVOVibes expressly excludes all liability for consequential damage. VIVOVibes is not liable for indirect damage, business damage, loss of profit and/or loss suffered, missed savings, damage due to business stagnation, capital losses, delay damage, interest damage and immaterial damage.
  4. VIVOVibes is not liable for theft and/or damage or loss of (personal) property.
  5. VIVOVibes is also not liable for physical injury, health complaints and/or psychological problems caused by injuries, participation in training, coaching and/or accidents. Any participation by the Client or Participant takes place at the participating person’s own risk and responsibility. The Client/Participant is responsible for the choice he/she makes to use a device/aid or to participate in a training or coaching. In the event of participation by disabled persons, the relevant supervisor and/or legal representative must always ensure appropriate guidance or notification from VIVOVibes. Any injuries or medication use must be made known to the instructor prior to using the equipment/aids or lesson. VIVOVibes is never liable for (physical) damage resulting from this.
  6. The Participant and/or Client is liable for damage that he or she causes through fault or intent (including negligence) to third parties, the environment in which training takes place or to the tools and/or equipment of VIVOVibes.
  7. The Client indemnifies VIVOVibes against all claims from third parties as a result of a defect as a result of a service provided by the Client to a third party and also consisted of Services provided by VIVOVibes, unless the Client can demonstrate that the damage was caused exclusively by the VIVOVibes service.
  8. Any advice provided by VIVOVibes, based on incomplete and/or incorrect information provided by the Client, will never constitute grounds for liability on the part of VIVOVibes.
  9. The content of the advice provided by VIVOVibes is not binding and only advisory in nature. The Client decides for itself and on its own responsibility whether it will follow the proposals and advice of VIVOVibes mentioned herein. All consequences arising from following the advice are at the expense and risk of the Client. The Client is at all times free to make its own choices that deviate from the advice provided by VIVOVibes. VIVOVibes is not obliged to provide any form of refund if this is the case.
  10. If a third party is engaged by or on behalf of the Client, VIVOVibes is never liable for the actions and advice of the third party engaged by the Client as well as the processing of results (of advice drawn up) of the third party engaged by the Client in VIVOVibes.
  11. VIVOVibes is not responsible for the correct and complete transmission of the contents of emails sent by/on behalf of VIVOVibes, nor for their timely receipt.

 

Article 17 – Confidentiality

  1. VIVOVibes and the Client undertake to maintain confidentiality of all confidential information obtained in the context of an assignment. Confidentiality arises from the assignment and must also be assumed if it can reasonably be expected that it concerns confidential information. Confidentiality does not apply if the information in question is already public/generally known. The information is not confidential and/or the information has not been made known to VIVOVibes by the Client during the Agreement and/or in any other way by VIVOVibes has been obtained.
  2. In particular, confidentiality applies to advice drawn up by VIVOVibes and/or reporting regarding the Client’s assignment. Furthermore, VIVOVibes always exercises the required care in handling all business-sensitive information provided by the Client.
  3. If VIVOVibes is obliged on the basis of a legal provision or a judicial decision to (also) provide the confidential information to the law or competent court or designated third party and VIVOVibes cannot rely on a right of non-disclosure, VIVOVibes is not obliged to pay any compensation and does not give the Client any grounds for terminating the Agreement.
  4. The transfer or distribution of information to third parties and/or publication of statements, advice or productions provided by VIVOVibes to third parties requires the written permission of VIVOVibes, unless such permission is VIVOVibes expressly granted in advance. The Client will indemnify VIVOVibes against all claims from such third parties as a result of relying on such information that has been distributed without the written permission of VIVOVibes.
  5. VIVOVibes also imposes the obligation of confidentiality on the third parties it engages.

 

Article 18 – Intellectual Property Rights

  1. All IP rights and copyrights of VIVOVibes, including but not limited to all designs, models, reports and advice, belong exclusively to VIVOVibes and are not transferred to the Client unless expressly agreed otherwise.
  2. If it has been agreed that one or more of the aforementioned items or works of VIVOVibes will be transferred to the Client, VIVOVibes is entitled to conclude a separate Agreement for this and to demand appropriate monetary compensation from the Client. Such compensation must be paid by the Client before it acquires the relevant goods or works with the IP rights attached to them.
  3. The Client is prohibited from disclosing and/or multiplying, modifying or making available to third parties all works, pieces and software to which the IP rights and copyrights of VIVOVibes rest (including use for commercial purposes) without prior explicit permission. from VIVOVibes. If the Client wishes to make changes to items delivered by VIVOVibes, VIVOVibes must explicitly agree to the intended changes.
  4. The Client is prohibited from using the items and documents subject to VIVOVibes’ intellectual property rights other than as agreed in the Agreement.
  5. Parties will inform each other and take joint measures if an infringement of IP rights occurs.
  6. The Client or Participant gives VIVOVibes permission to use image and video material of the training courses for editorial or promotional purposes.

 

Article 19 – Disclaimer and accuracy of information

  1. The Client is responsible for the accuracy, reliability and completeness of all data, information, documents and/or records, in whatever form, that it provides to VIVOVibes in the context of an Agreement, as well as for the data that it provides to VIVOVibes from third parties and which have been provided to VIVOVibes for the performance of the Service.
  2. The Client indemnifies VIVOVibes from any liability resulting from failure to comply with obligations relating to the timely provision of all correct, reliable and complete data, information, documents and/or documents.
  3. The Client indemnifies VIVOVibes against all claims by the Client based on failure to obtain (timely) any permissions required in the context of the execution of the Agreement.
  4. The Client indemnifies VIVOVibes against all claims from third parties arising from the work performed for the Client, including but not limited to intellectual property rights to the data and information provided by the Client that can be used in the execution of the Agreement and/or the actions or omissions of the Client towards third parties.
  5. If the Client provides electronic files, software or information carriers to VIVOVibes, the Client guarantees that these are free of viruses and defects.

 

Article 20 – Complaints

  1. If the Client is not satisfied with the Services of VIVOVibes or otherwise has complaints about the execution of his assignment, the Client is obliged to report these complaints as soon as possible, but no later than within 7 calendar days after the relevant reason that led to the complaint to report. Complaints can be reported orally or in writing via info@vivovibes.coml with the subject “Complaint”.
  2. The complaint must be sufficiently substantiated and/or explained by the Client in order for VIVOVibes to be able to process the complaint.
  3. VIVOVibes will respond substantively to the complaint as soon as possible, but no later than 7 calendar days after receipt of the complaint.
  4. The parties will try to find a solution together.

 

Article 21 – Applicable law

  1. Dutch law applies to the legal relationship between VIVOVibes and the Client as well as other European and International Law due to the global extension that defines an online business as VIVOVibes.
  2. VIVOVibes has the right to change these general terms and conditions and will inform the Client thereof.
  3. All disputes arising from or in connection with the Agreement between VIVOVibes and the Client will be settled by the competent judge of the Gelderland court (Arnhem location) unless mandatory law provisions lead to jurisdiction of another court.