General terms and conditions
- One-time costs, no subscription! To get access to the practice program of AudioFysio, the Consumer has to pay a one-time fee.
- After payment, the Consumer has access to the practice program of AudioFysio for at least three months. This period starts from the moment the Entrepreneur has sent the login details.
- These conditions are applicable to the agreement between PM Health (owner of AudioFysio), hereinafter referred to as: “Entrepreneur”, and a Consumer to whom Entrepreneur has declared these conditions applicable, insofar as the parties have not explicitly deviated from these conditions in writing. The “Practice program of AudioFysio” is understood to mean: all content that has become accessible on the website of AudioFysio for the Consumer after completion of the financial transaction for the service amount due.
- Once the financial transaction, of the amount due for the service, has been completed and the Entrepreneur has received it, the Consumer is entitled to login details for the practice program of AudioFysio at www.audiofysio.com.
- The login details will be provided to the Consumer after receipt of the financial transaction by the Entrepreneur.
- After the financial transaction for the practice program, the Consumer has no right to a reflection period.
- The Entrepreneur is not obliged to fulfill any obligation towards the Consumer if he is hindered to do so as a result of a circumstance that is not due to fault, and under the law, a legal act or generally accepted practice for his account.
- The Entrepreneur is not obliged to fulfil any obligation towards the Consumer if he is hindered to do so as a result of a circumstance that is not due to blame, and is not for his account by virtue of the law, a legal act or generally accepted practice.
- In these general terms and conditions force majeure is understood to mean, in addition to what is understood in the law and jurisprudence, all external causes, foreseen or unforeseen, over which the Entrepreneur cannot exert any influence, but which prevent the Entrepreneur from fulfilling his obligations.
- The Company may suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, either party is entitled to dissolve the agreement, without any obligation to compensate the other party for damage.
- After confirmation by the Company of payment in the manner indicated by the Company, the agreement is effective. The Consumer is never entitled to set off the amount owed by him to the Entrepreneur. Objections to the amount of an invoice do not suspend the payment obligation.
- The Consumer who is not entitled to appeal to section 6.5.3 (articles 231 to 247 of Book 6 of the Dutch Civil Code) is also not entitled to suspend the payment of an invoice for any other reason.
- The goods delivered by the Entrepreneur within the framework of the agreement remain the property of the Entrepreneur and may not be used by the Consumer in any other way than for his own use.
- The goods delivered by the Entrepreneur, which fall under the retention of title pursuant to paragraph 1, may not be resold and may never be used as a means of payment. The Consumer is not authorised to pledge or encumber in any other way the goods falling under the retention of title.
- The Entrepreneur has put a great deal of time and effort into developing the practice programmes as user-friendly and as well as possible. It is strictly forbidden for the Consumer to publish, distribute or reproduce the practice program or other information stored or available on the website (www.audiofysio.com) without the Entrepreneur’s express written permission (not even through his own network). This applies to text as well as audio and visual material. All these works are subject to the express copyright of the Entrepreneur.
Guarantees, investigations and complaints, limitation period
- The goods to be delivered by the Company shall meet the usual requirements and standards that can reasonably be set for them at the time of delivery and for which they are intended in normal use in the Netherlands.
- The guarantee referred to in paragraph 1 of this article applies for a period of one year after delivery.
- Any form of guarantee will lapse if a defect has arisen as a result of or results from injudicious or improper use thereof, incorrect storage or maintenance thereof by the Consumer and/or third parties when, without written permission of the Entrepreneur, the Consumer or third parties have made changes to the good or have tried to make changes to it, other goods have been attached to it which should not be attached to it or if these were processed or processed in a manner other than the prescribed manner. The Consumer is also not entitled to warranty if the defect is caused by or the result of circumstances where the Entrepreneur can not influence, including weather conditions (such as, but not limited to, extreme rainfall or temperatures) et cetera.
- Any visible defects must be reported to the Entrepreneur in writing within seven days of delivery. Any invisible defects must be reported to the Company in writing immediately, but in any case no later than fourteen days after discovery thereof. The report must contain as detailed a description of the defect as possible, so that the Entrepreneur is able to respond adequately. The Consumer must give the Entrepreneur the opportunity to investigate a complaint (or have a complaint investigated).
- If it is established that a complaint is unfounded, then the costs incurred as a result, including the investigation costs, on the part of the Entrepreneur as a result, will be entirely for the Consumer’s account.
- Complaints about the execution of the agreement must be submitted to the Entrepreneur within a reasonable time after the Consumer has discovered the defects, fully and clearly described and submitted to the Entrepreneur via email@example.com.
- Complaints submitted to the Entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the Entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed answer.
- If the complaint cannot be resolved within a reasonable period or within 3 months after the submission of the complaint in mutual consultation, a dispute arises that is subject to dispute settlement.
Applicable law and disputes
- All legal relationships to which the Company is a party are exclusively governed by Dutch law, even if an obligation is wholly or partially performed abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.
- Parties will only appeal to the court after they have made every effort to settle a dispute in mutual consultation.