Terms and Conditions
General Terms and Conditions of Revitage BV
Private Company Revitage BV (hereinafter: mentalmindsetonline.com) is registered with the Chamber of Commerce under number 77331060 and has its registered office at Weidehek 121 A (4824 AT) in Breda.
Article 1 – Definitions
- In these general terms and conditions, the following terms are used in the following meaning, unless expressly stated otherwise:
- Offer: Any written offer to the Customer to deliver Products by mentalmindsetonline.com to which these terms and conditions are inextricably linked to be.
- Consumer: The natural person who does not act in the course of a profession or business.
- Customer: the Consumer who enters into a Distance Agreement with mentalmindsetonline.com and who takes an online training and/or webinar.
- Agreement: The distance purchase agreement that extends to the sale of and access to Products or Services purchased by the Customer from mentalmindsetonline.com.
- Digital Products or Services: The Products or Services offered by mentalmindsetonline.com are online training courses and/or webinars in the field of personal and mental development.
- mentalmindsetonline.com: The provider of Products/Services to Customer.
Article 2 – Applicability
- These terms and conditions apply to every Offering of mentalmindsetonline.com, every Agreement between mentalmindsetonline.com and Customer and to every Product and/or Service offered by mentalmindsetonline.com.
- Before a (distance) Agreement is concluded, the Customer will be provided with these general terms and conditions. If this is not reasonably possible, mentalmindsetonline.com will indicate to the Customer how the Customer can view the general terms and conditions, which are in any case published on the mentalmindsetonline.com website, so that the Customer can easily store these general terms and conditions on a durable data carrier. .
- Deviation from these general terms and conditions is not possible. In exceptional situations, the general terms and conditions can be deviated from insofar as this has been explicitly agreed in writing with mentalmindsetonline.com.
- These general terms and conditions also apply to additional, amended and follow-up orders from the Client.
- If one or more provisions of these general terms and conditions are partially or wholly invalid or are invalid, the other provisions of these general terms and conditions will remain in force, and the invalid/nullified provision(s) will be replaced by a provision with the same purport as the original provision.
- 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.
- If reference is made to she/her in these general terms and conditions, this should also be construed as a reference to he/him/are, if and insofar as applicable.
Article 3 – The Offer
- All offers made by mentalmindsetonline.com are without obligation, unless explicitly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be expressly stated in the Offer.
- mentalmindsetonline.com is only bound by an Offer if the Customer has already paid the amount due. Nevertheless, mentalmindsetonline.com has the right to refuse an Agreement with a (potential) Client for reasons that are justified for mentalmindsetonline.com.
- The Offer contains an accurate description of the digital Product or Service offered with associated prices. The description is detailed in such a way that the Client is able to make a proper assessment of the Offer. Obvious mistakes or errors in the Offer cannot be binding on mentalmindsetonline.com. Any information in the Offer is only an indication and cannot be a ground for any compensation or dissolution of the Agreement (remotely).
- Offers or quotations do not automatically apply to follow-up orders.
Article 4 – Conclusion of the Agreement
- The Agreement is concluded at the moment that the Customer has accepted an Offer from mentalmindsetonline.com by paying for the relevant Product or Service via the designated payment service, after which the Customer will in turn have access to training and /or webinar.
- An Offer can be made by mentalmindsetonline.com via the website.
- If the Customer has accepted the Offer by concluding an Agreement by making a payment via the chosen payment platform of mentalmindsetonline.com.
- mentalmindsetonline.com is not bound by an Offer if the Customer could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or clerical error. The Customer cannot derive any rights from this mistake or error.
- Customer is not entitled to revocation in the event of the purchase of Digital Services or Products such as the purchase of the online training and/or webinar, if the Customer expressly waives this. Immediately after payment, the Customer obtains access to the Digital services via the agreed method.
Article 5 – Execution of the Agreement
- mentalmindsetonline.com will execute the Agreement to the best of its knowledge and ability.
- If and insofar as required for the proper execution of the Agreement, mentalmindsetonline.com has the right to have certain activities performed by third parties at its own discretion.
- The Customer shall ensure that all information, which mentalmindsetonline.com indicates is necessary or which the Customer should reasonably understand to be necessary for the execution of the Agreement, is provided to mentalmindsetonline.com in a timely manner. If the information required for the execution of the Agreement has not been provided to mentalmindsetonline.com in time, mentalmindsetonline.com has the right to suspend the execution of the Agreement.
4.mentalmindsetonline.com may require security from the Customer or full advance payment before proceeding with the execution of the Agreement.
- mentalmindsetonline.com is not liable for damage, of whatever nature, that has arisen because mentalmindsetonline.com has based on incorrect and/or incomplete data provided by the Customer, unless this incorrectness or incompleteness was known to mentalmindsetonline.com. The Customer indemnifies mentalmindsetonline.com against any claims from third parties who suffer damage in connection with the execution of the Agreement and which are attributable to the Customer.
- The result of the training and/or webinar is at all times dependent on the efforts of the Customer. Everyone is expected to actively participate in the training/webinar.
Article 6 – Online training and/or webinar
- If the Client has purchased an online training and/or webinar, the Client will gain access to the Service via an online portal. Before accessing this online portal, the customer must agree to the terms of use. mentalmindsetonline.com grants to Customer a non-exclusive and limited right of use with regard to the online training and/or webinar.
- The customer may only use the online learning environment for his own activities. As a result, the right of use is not transferable and the Customer is not permitted to sell, rent, sublicense or make the right of use available to a third party in any way or for any purpose.
- The customer only has access to the online modules if the payment conditions have been met. After payment for the training and/or webinar, Customer will receive an access link to the page where the training and/or webinar is hosted, after which Customer will gain access to the training and/or webinar that has been purchased.
- In the event of technical problems, the Client must inform mentalmindsetonline.com in writing by e-mail. mentalmindsetonline.com will take the necessary steps to restore access to the service. If the Customer cannot use access to the service for a period, access to the service will be extended, at the request of the Customer, by the period in which use of the service was not possible due to technical problems. Such a request must be made by e-mail and will only be granted if the technical problems are at the expense and risk of mentalmindsetonline.com.
- If the Client has paid for access, but does not make use of this, mentalmindsetonline.com will not refund the money already paid. Access to e-learning expires after 3 months after the first use of the access link or after using the access link 50 times. If the Customer wishes to meet the relevant term, the Customer must make a repeat purchase.
- If Customer wishes to follow another training/webinar, Customer must purchase access to a new course.
Article 7 – Prices and payment
- In principle, all prices are exclusive of turnover tax (VAT), unless otherwise agreed.
- mentalmindsetonline.com offers its Products or Services in accordance with a fixed rate. Payment must be made in advance in the currency in which is invoiced via the indicated payment service.
- The customer must make payment at once to the account number and details of mentalmindsetonline.com that have been made known to her.
Article 8 – Privacy, data processing and security
- mentalmindsetonline.com handles the (personal) data of the Customer and visitors to the website(s) with care. If requested, mentalmindsetonline.com will inform the data subject about this.
- If mentalmindsetonline.com is required to provide information security under the Agreement, this security will meet the agreed specifications and a security level that, in view of the state of the art, the sensitivity of the data, and the associated costs. , is not unreasonable.
Article 9 – Suspension and dissolution
- mentalmindsetonline.com is authorized to suspend the fulfillment of the obligations or to dissolve the Agreement, if the Customer does not or not fully comply with the (payment) obligations under the Agreement.
- In addition, mentalmindsetonline.com is authorized to dissolve the existing Agreement between it and the Customer, insofar as it has not yet been performed, without judicial intervention, if the Customer does not timely or properly fulfill the obligations that arise for him from any agreement with mentalmindsetonline.com concluded Agreement.
- Furthermore, mentalmindsetonline.com is authorized to dissolve the Agreement without prior notice of default if circumstances arise of such a nature that fulfillment of the Agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if otherwise circumstances arise which are of such a nature that unaltered maintenance of the Agreement cannot reasonably be expected.
- If the Agreement is dissolved, mentalmindsetonline.com’s claims against Customer are immediately due and payable. When mentalmindsetonline.com suspends the fulfillment of its obligations, it retains its rights under the law and Agreement.
- mentalmindsetonline.com always reserves the right to claim compensation.
Article 10 – Limitation of liability
- If the execution of the Agreement by mentalmindsetonline.com leads to liability of mentalmindsetonline.com towards the Customer or third parties, that liability is limited to the costs charged by mentalmindsetonline.com in connection with the Agreement, unless the damage was caused by intent or gross negligence.
- In the event of an attributable shortcoming on the part of mentalmindsetonline.com, mentalmindsetonline.com is only obliged to pay any compensation if the Customer has given mentalmindsetonline.com notice of default within 14 days after discovery of the shortcoming and mentalmindsetonline.com has not subsequently failed to notice this shortcoming within a period of 14 days. within a reasonable period of time. The notice of default must be submitted in writing and contain such an accurate description/substantiation of the shortcoming, so that mentalmindsetonline.com is able to respond adequately.
- mentalmindsetonline.com expressly excludes all liability for consequential damage. mentalmindsetonline.com is not liable for indirect damage, trading loss, loss of profit and/or loss suffered, lost savings, damage due to business interruption, capital losses, delay damage, interest damage and immaterial damage.
- The Customer indemnifies mentalmindsetonline.com against all claims from third parties as a result of a defect as a result of a service provided by the Customer to a third party and which also consisted of Products or Services supplied by mentalmindsetonline.com, unless the Customer can demonstrate that the damage caused solely by the service of mentalmindsetonline.com.
- Successful completion of a training by Customer is not guaranteed. Customer is always responsible for successfully completing the training. Mentalmindsetonline.com has a best-efforts obligation to guide the Customer to the best of its ability within the framework of the Agreement. Any liability for damage suffered by the Customer as a result of not successfully completing the training is excluded, emphatically including consequential damage. All this except in the situation in which there is intent or conscious recklessness on the part of mentalmindsetonline.com.
- mentalmindsetonline.com is not liable for damage that is or may be the result of any act or omission as a result of (incomplete and/or incorrect) information on the website(s) or linked websites.
- mentalmindsetonline.com is not responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or the unavailability of the website for any reason.
- mentalmindsetonline.com does not guarantee a correct and complete transmission of the content of and email sent by/on behalf of mentalmindsetonline.com, nor for the timely receipt thereof.
- All claims of the Customer due to shortcomings on the part of mentalmindsetonline.com lapse if they are not reported in writing and motivated to mentalmindsetonline.com within one year after the Customer was aware or could reasonably have been aware of the facts on which it bases its claims. All claims of the Customer expire in any case one year after the termination of the Agreement.
Article 11 – Force majeure
- mentalmindsetonline.com is not liable if it is unable to fulfill its obligations under the Agreement as a result of a force majeure situation, nor can it be held to fulfill any obligation if it is prevented from doing so as a result of a circumstance that is not due to its fault and that is not for its account by virtue of the law, legal act or generally accepted standards.
- Force majeure is in any case understood, but is not limited to what is understood in the law and jurisprudence, (i) force majeure of suppliers of mentalmindsetonline.com, (ii) failure to properly fulfill obligations of suppliers that are Customer has been prescribed or recommended to mentalmindsetonline.com, (iii) defective goods, equipment, software or materials of third parties, (iv) government measures, (v) electricity failure, (vi) failure of the internet, data network and telecommunication facilities (for example by: cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transportation problems, (x) strikes in mentalmindsetonline.com’s business and (xi) other situations beyond mentalmindsetonline.com’s judgment. fall within its sphere of influence that temporarily or permanently prevent the fulfillment of its obligations.
- In the event of force majeure, both Parties have the right to dissolve the Agreement in whole or in part. In case of partial dissolution, mentalmindsetonline.com will refund the part that has not taken place due to force majeure. Customer is not entitled to a refund if part of the agreement has been fulfilled. In case of complete dissolution, Customer is entitled to a refund of the monies already paid. Mentalmindsetonline.com is not obliged to compensate Customer for any losses caused by such withdrawal.
Article 12 – Transfer
of risk The risk of loss or damage to the Products that are the subject of the Agreement transfers to the Customer at the time when the items under the control of the Customer are provided. This is the case if the Products have been delivered to the digital delivery address (specified email address) of the Customer.
Article 13 – Intellectual Property
Rights 1. All intellectual property rights and copyrights of mentalmindsetonline.com rest exclusively with mentalmindsetonline.com and are not transferred to Customer.
- The Customer is prohibited from disclosing and/or multiplying, modifying or making available to third parties all documents covered by the intellectual property rights and copyrights of mentalmindsetonline.com without the express prior written consent of mentalmindsetonline.com.
- The Customer is prohibited from using the Products to which the intellectual property rights of mentalmindsetonline.com rest other than as agreed in the Agreement.
- Any infringement by the Client of the IP rights (and copyrights) of mentalmindsetonline.com will be punished with a one-off fine of € 10,000 (in words: ten thousand euros) and a fine of € 100 ( in words: one hundred euros) for each day that the infringement continues.
Article 14 – Confidentiality
- mentalmindsetonline.com and the Customer undertake to maintain the confidentiality of all confidential information obtained in the context of the Agreement. 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/commonly known, the information is not confidential and/or the information has not been disclosed to mentalmindsetonline.com during the Agreement with the Client and/or in another way by mentalmindsetonline.com. is received.
- If mentalmindsetonline.com is obliged to provide confidential information to the law or competent court or indicated third party on the basis of a legal provision or a court decision and mentalmindsetonline.com cannot invoke a right of nondisclosure, mentalmindsetonline.com is .com is not obliged to pay any compensation and does not give the Client any ground for dissolution of the Agreement.
- Mentalmindsetonline.com and the Client also impose the confidentiality obligation on the third parties to be engaged by them.
Article 15 – Complaints
- If the Client is not satisfied with the Products or Services of mentalmindsetonline.com or has any other complaints about the implementation of the Agreement, the Client is obliged to report these complaints as soon as possible, but no later than 14 calendar days after the relevant reason that led to the complaint. Complaints can be reported verbally or in writing via info@mentalmindsetcommandos.com with the subject “Complaint”.
- The complaint must be sufficiently substantiated and/or explained by the Client if mentalmindsetonline.com is to be able to handle the complaint.
- mentalmindsetonline.com will respond substantively to the complaint as soon as possible, but at the latest within 14 calendar days after receipt of the complaint.
- The parties will try to reach a solution together.
Article 16 – Applicable law
- The legal relationship between mentalmindsetonline.com and the Client is governed by Dutch law. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.
- In the event of an explanation of the content and purport of these general terms and conditions, the Dutch text thereof is always decisive. mentalmindsetonline.com has the right to unilaterally change these terms and conditions.
- All disputes arising from or as a result of the Agreement between mentalmindsetonline.com and the Client will be settled by the competent court of the Zeeland-West-Brabant District Court, Breda, unless mandatory provisions designate another competent court.