Terms &
CONDITIONS

 

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General terms and conditions CHU Wellbeing b.v.

Email: info@chuyouloveme.com
Website: www.chuyouloveme.com

Definitions
CHU Wellbeing b.v.: CHU Wellbeing b.v., established in Amsterdam under KvK no. 88497054.
Client: the person with whom CHU Wellbeing b.v. has entered into an agreement.

Parties: CHU Wellbeing b.v. and client together.
Consumer: a client who is also an individual acting as a private person.

Article 1 – Applicability of general terms and conditions
These terms and conditions are applicable to all quotations, offers, activities, orders, agreements
and deliveries of services or products by or on behalf of CHU Wellbeing b.v..
Parties can only deviate from these terms and conditions if they have expressly agreed to this in writing.
Parties exclude the applicability of additional and/or deviating general terms and conditions of the client or third parties.
third parties.

Article 2 – Prices.
1. All prices used by CHU Wellbeing b.v. 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.
2. All prices used by CHU Wellbeing b.v. for its products, on its website or otherwise made known, CHU Wellbeing b.v. can change at any time.
3. Increases in cost prices of products or parts thereof, which CHU Wellbeing b.v. could not foresee at the time of making the offer or entering into the agreement, can lead to price increases.
4. The consumer has the right to terminate 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.

Article 3 – Samples and 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 expressly agreed that the products to be delivered correspond to the sample or model.

Article 4 – Payments and term of payment
1. CHU Wellbeing b.v. may require a down payment of up to 50% of the agreed amount when entering into the agreement.
2. The client has to make payments in arrears within after delivery.
3. Payment terms are considered to be strict payment terms. This means that if the customer does not pay the
If the client has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default without CHU Wellbeing b.v. having to send the client a reminder or notice of default.
4. CHU Wellbeing b.v. reserves the right to make a delivery subject to immediate payment or to require a security for the total amount of the services or products.

Article 5 – Consequences of not paying on time
1. If the client does not pay within the agreed term, CHU Wellbeing b.v. is entitled to charge the statutory interest of 2% per month for non-commercial transactions from the day the client is in default, whereby a part of a month is counted as a whole month.
2. When the client is in default, he/she shall also owe extrajudicial collection costs and possible damages to CHU Wellbeing b.v..
3. The collection costs are calculated according to the Decree on compensation for extrajudicial collection costs.
3. The collection costs shall be calculated in accordance with the Compensation for Extrajudicial Collection Costs Decree.
4. If the client does not pay on time, CHU Wellbeing b.v. is allowed to suspend its obligations until the client has fulfilled his/her payment obligation.
payment obligation.
5. In case of liquidation, bankruptcy, seizure or suspension of payment on the part of the client, the claims
CHU Wellbeing b.v. claims on the client are immediately due and payable.
6. If the client refuses to cooperate with the execution of the agreement by CHU Wellbeing b.v., the client is still obliged to pay the agreed price to CHU Wellbeing b.v. still obliged to pay the agreed price to CHU Wellbeing b.v..

Article 6 – Right of complaint
1. As soon as the client is in default, CHU Wellbeing b.v. is entitled to invoke the right of complaint regarding the unpaid products delivered to the client.
2. CHU Wellbeing b.v. invokes the right of complaint by means of a written or electronic communication.
3. As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this
immediately to CHU Wellbeing b.v., unless parties agree otherwise.
agreements.
4. The costs for retrieving or bringing back the products shall be borne by the customer.

Article 7 – Reimbursement of delivery costs.
1. If the consumer has timely exercised his right of withdrawal and as a result has timely returned the complete order to CHU Wellbeing b.v., CHU Wellbeing b.v. will refund any shipping costs paid by the consumer within 14 days after receipt of the timely and complete returned order to the consumer.
2. The costs for delivery shall only be charged to CHU Wellbeing b.v. insofar as the complete order is returned.

Article 8 – Reimbursement of return costs
If the consumer invokes his right of withdrawal and returns the complete order in a timely manner, the costs of returning the complete order shall be borne by the consumer, unless the consumer has an active membership or account with CHU Wellbeing b.v.

Article 9 – Right of suspension
Unless the client is a consumer, the client renounces the right to suspend the fulfillment of any obligation resulting from this agreement.
Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation resulting from this agreement.

Article 10 – Right of retention
1. CHU Wellbeing b.v. may invoke its right of retention and, in that case, retain products of the client until the client has paid all outstanding bills with respect to CHU Wellbeing b.v., unless the client has provided adequate security for those costs.
2. The right of retention also applies on the basis of previous agreements from which the client still owes payments to CHU Wellbeing b.v..
3. CHU Wellbeing b.v. is never liable for any damages that the client may suffer as a result of the use of his lien.

Article 11 – Settlement
Unless the client is a consumer, the client waives its right to set off a debt to CHU Wellbeing b.v. against a claim against CHU Wellbeing b.v..

Article 12 – Retention of title
1. CHU Wellbeing b.v. remains owner of all delivered products until the client has completely fulfilled all his payment obligations towards CHU Wellbeing b.v. on the basis of whatever agreement made with CHU Wellbeing b.v.
concluded with CHU Wellbeing b.v., including claims for failure to perform.
2. Until such time CHU Wellbeing b.v. may invoke its retention of title and repossess the goods.
3. Before ownership has been transferred to the customer, the customer may not pledge, sell, alienate
or encumber them in any other way.
4. If CHU Wellbeing b.v. appeals to its retention of title, the agreement is considered terminated and
CHU Wellbeing b.v. has the right to claim damages, lost profits and interest.

Article 13 – Delivery
Delivery takes place as long as the stock lasts.
2. Delivery takes place at CHU Wellbeing b.v., unless parties have agreed otherwise.
3. Delivery of products ordered online takes place at the address indicated by the customer.
4.If the agreed amounts are not or not timely paid, CHU Wellbeing b.v. has the right to suspend its obligations until the agreed part has been paid.
5.Late payment constitutes creditor default, with the consequence that the client cannot hold a late delivery against CHU Wellbeing b.v..

Article 14 – Delivery time
1. The delivery times given by CHU Wellbeing b.v. are indicative and when exceeded do not give the client the right to rescind or damages, unless the parties have expressly agreed otherwise in writing.
2. The delivery period starts when the customer has completed the (electronic) ordering process and has received
has received an (electronic) confirmation from CHU Wellbeing b.v..
3. Exceeding the stated delivery time does not entitle the client to compensation or the right to terminate the agreement, unless CHU Wellbeing b.v.
the agreement, unless CHU Wellbeing b.v. cannot deliver within 14 days after a written reminder or if parties have agreed otherwise.

Article 15 – Actual delivery
The client has to ensure that the actual delivery of the products ordered by him can take place on time.

Article 16 – Transport costs
Transport costs shall be borne by the customer, unless the parties have agreed otherwise.

Article 17 – Packaging and shipment
1. If the packaging of a delivered product has been opened or damaged, the client should, before accepting the product, have the carrier or delivery driver make a note of this, in default of which CHU Wellbeing b.v. cannot be held liable for any damage.
2. If the client takes care of the transportation of the products, he/she has to report any visible damages to the products or the packaging to CHU Wellbeing b.v. prior to transportation, in default of which CHU Wellbeing b.v. cannot be held responsible for any damages.

Article 18- Retention
1. If the customer does not take delivery of ordered products until later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
2. Any additional costs resulting from premature or late acceptance of products shall be borne entirely by the customer.

Article 19 – Warranty
1. The warranty on products applies only to defects caused by faulty manufacture, construction or material.
2. The warranty does not apply in the case of normal wear and tear and damage caused by accidents, modifications made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the client at the moment they are legally and/or actually delivered, or at least come under the control of the client or of a third party who takes delivery of the product on behalf of the client.

Article 20 – Indemnification
The client indemnifies CHU Wellbeing b.v. against all claims of third parties related to the products and/or services delivered by CHU Wellbeing b.v..

Article 21- Complaints
1. The client should examine a product delivered or service rendered by CHU Wellbeing b.v. for any shortcomings as soon as possible.
2. If a delivered product or service does not comply with what the client could reasonably expect from the agreement, the client should inform CHU Wellbeing b.v. as soon as possible but in any case within 1 month after the discovery of the shortcomings.
3. Consumers should notify CHU Wellbeing b.v. at the latest within 2 months after the discovery of the shortcomings.
4. The client gives as detailed as possible description of the shortcoming, so that CHU Wellbeing b.v. is able to respond adequately.
5. The client must demonstrate that the complaint relates to an agreement between parties.
6. If a complaint relates to work in progress, this can in any case not lead to CHU Wellbeing b.v. being held liable.
Wellbeing b.v. can be held to perform other work than agreed upon.

Article 22 – Notice of default
1. The client must give notice of default in writing to CHU Wellbeing b.v..
2. It is the responsibility of the client that a notice of default actually reaches CHU Wellbeing b.v. (on time).
reaches CHU Wellbeing b.v.

Article 23 – Joint and several liability of the client
If CHU Wellbeing b.v. enters into an agreement with multiple clients, each of them is jointly and severally liable for the full amounts owed to CHU Wellbeing b.v. under that agreement.

Article 24 – Liability CHU Wellbeing b.v.
1. CHU Wellbeing b.v. is only liable for any damage suffered by the client if and insofar as that damage is
1. CHU Wellbeing b.v. is only liable for any damage suffered by the client if and insofar as that damage was caused by intentional or deliberate recklessness.
2. If CHU Wellbeing b.v. is liable for any damage, it is only liable for direct damage resulting from or related to the execution of an agreement.
3. CHU Wellbeing b.v. is never liable for indirect damages, such as consequential damages, lost profits, missed savings or damages to third parties.
4. If CHU Wellbeing b.v. is liable, this liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the amount of the damage, the liability is limited to the (part of the) invoice amount to which the liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot be a reason for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Article 25 – Expiry period
Any right of the client to compensation from CHU Wellbeing b.v. expires in any case 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 Civil Code.

Article 26 – Right of termination
1. The client has the right to dissolve the agreement when CHU Wellbeing b.v. imputably fails to fulfill its obligations, unless this failure, given its special nature or minor importance, does not justify the dissolution.
2. If the fulfillment of the obligations by CHU Wellbeing b.v. is not permanently or temporarily impossible, then dissolution can only take place after CHU Wellbeing b.v. is in default.
3. CHU Wellbeing b.v. has the right to terminate the agreement with the client if the client does not comply with his/her obligations under the agreement completely or in a timely manner, or if CHU Wellbeing b.v. has knowledge of circumstances which give him/her good reason to fear that the client will not be able to comply with his/her obligations properly.

Article 27 – Force majeure
1. In addition to the provisions of article 6:75 of the Dutch Civil Code applies that a shortcoming of CHU Wellbeing b.v. in the fulfillment of any obligation towards the client cannot be attributed to CHU Wellbeing b.v. in a case of force majeure.
attributable in a situation independent of the will of CHU Wellbeing b.v., as a result of which the fulfillment of its obligations towards the client is fully or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be required of CHU Wellbeing b.v..
2. The force majeure situation mentioned in paragraph 1 also includes – but is not limited to – the following: 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 failures; computer viruses, strikes, government measures, unforeseen transportation problems, bad weather conditions and work stoppages.
3. If a force majeure situation occurs as a result of which CHU Wellbeing b.v. cannot fulfill 1 or more obligations to the client, those obligations will be suspended until CHU Wellbeing b.v. can fulfill them again.
4. From the moment that a force majeure situation has lasted for at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
5. CHU Wellbeing b.v. is in a force majeure situation not due any (damage) compensation, even if it enjoys any advantage as a result of the force majeure situation.

Article 28 – Modification of the agreement.
1. If after the conclusion of the agreement it appears necessary for its execution to modify or supplement its contents, the parties shall timely and in mutual consultation adapt the agreement accordingly.
2. The preceding paragraph does not apply to products purchased in a physical store.

Article 29 – Amendment of general terms and conditions
1. CHU Wellbeing b.v. is entitled to amend or supplement these general terms and conditions.
1. CHU Wellbeing b.v. is authorized to modify or supplement these general conditions.
2. Changes of minor importance can be made at any time.
3. Major substantive changes will CHU Wellbeing b.v. as much as possible discuss in advance with the client.
4. Consumers are entitled to terminate the agreement in case of a substantial change of the general conditions.
cancel the agreement.

Article 30 – Transfer of rights
1. Rights of the client from an agreement between parties cannot be transferred to third parties without the prior written consent of CHU Wellbeing b.v..
2. This provision applies as a clause with property law effect as referred to in article 3:83, second paragraph, Civil Code.

Article 31 – Consequences of nullity or voidability
1. Should one or more provisions of these general terms and conditions prove to be void or voidable, this shall not affect the other provisions of these terms and conditions.
2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what CHU Wellbeing b.v. had in mind when drafting the conditions on that point.

Article 32 – Applicable law and competent court
1. Each agreement between parties is exclusively governed by Dutch law.
2. The Dutch judge in the district where CHU Wellbeing b.v. is established / practices / has its office
is exclusively authorized to take cognizance of any disputes between parties, unless otherwise required by mandatory law.

Retrieved March 23, 2023.

 

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