General Terms & Conditions

Vixit Regulatory & Clinical Services / Vixit Coaching

E-mail: info@vixit.org
Website: www.vixit.org

Definitions

Vixit Regulatory & Clinical Services / Vixit Coaching: Vixit.org, established in Weert, Chamber of Commerce no. 87156857.
Customer: the party which Vixit Regulatory & Clinical Services / Vixit Coaching has entered into an agreement with.
Parties: Vixit Regulatory & Clinical Services / Vixit Coaching and customer together.
Consumer: a customer who is an individual acting for private purposes.

Applicability

These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Vixit Regulatory & Clinical Services / Vixit Coaching.
Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Prices

All prices used by Vixit Regulatory & Clinical Services / Vixit Coaching are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
Vixit Regulatory & Clinical Services / Vixit Coaching is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
The price with regard to services is determined by Vixit Regulatory & Clinical Services / Vixit Coaching on the basis of the actual working hours.
The price is calculated according to the usual hourly rates of Vixit Regulatory & Clinical Services / Vixit Coaching, valid for the period in which he carries out the work, unless a different hourly rate has been agreed.
If the parties have agreed on a total price for a service provided by Vixit Regulatory & Clinical Services / Vixit Coaching, this is always a target price, unless the parties have explicitly agreed upon in writing on a fixed price, which cannot be deviated from.
Vixit Regulatory & Clinical Services / Vixit Coaching is entitled to deviate up to 10% of the target price.
If the target price exceeds 10%, Vixit Regulatory & Clinical Services / Vixit Coaching must let the customer know in due time why a higher price is justified.
If the target price exceeds 10%, the customer has the right to cancel the part of the order that exceeds the target price by 10%.
Vixit Regulatory & Clinical Services / Vixit Coaching has the right to adjust prices annually.
Vixit Regulatory & Clinical Services / Vixit Coaching will communicate price adjustments to the customer prior to the moment the price increase becomes effective.
The consumer has the right to terminate the contract with Vixit Regulatory & Clinical Services / Vixit Coaching if he does not agree with the price increase.

Payments and payment term

Vixit Regulatory & Clinical Services / Vixit Coaching may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.
The customer must have paid the full amount within 14 days, after delivery.
Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without Vixit Regulatory & Clinical Services / Vixit Coaching having to send the customer a reminder or to put him in default.
Vixit Regulatory & Clinical Services / Vixit Coaching reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.

Consequences of late payment

If the customer does not pay within the agreed term, Vixit Regulatory & Clinical Services / Vixit Coaching is entitled to charge an interest of 2% per month for non-commercial transactions and an interest of 8% per month for commercial transactions from the day the customer is in default, whereby a part of a month is counted for a whole month.
When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Vixit Regulatory & Clinical Services / Vixit Coaching.
The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
If the customer does not pay on time, Vixit Regulatory & Clinical Services / Vixit Coaching may suspend its obligations until the customer has met his payment obligation.
In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Vixit Regulatory & Clinical Services / Vixit Coaching on the customer are immediately due and payable.
If the customer refuses to cooperate with the performance of the agreement by Vixit Regulatory & Clinical Services / Vixit Coaching, he is still obliged to pay the agreed price to Vixit Regulatory & Clinical Services / Vixit Coaching.

Right of withdrawal

A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
the product has not been used
it is not a product that can spoil quickly, like food or flowers
the product is not specially tailored for the consumer or adapted to its special needs
it is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.)
the seal is still intact, when the product is a data carrier with digital content (DVDs, CDs, etc.)
the product is not a (holiday)trip, a transportation ticket, a catering order or a form of leisure activity,
the product is not a separate magazine or a loose newspaper
the consumer has not renounced his right of withdrawal

The following are also excluded:

social services and health care
gambling activities
financial services
package holidays
passenger transport services
immovable property (house, land)
agreements that require a notary
agreements for an amount of less than € 50
The cooling-off period of 14 days as referred to in paragraph 1 commences:
- on the day after the consumer has received the last product or part of 1 order
- as soon as the consumer has received the first the product of a subscription
- as soon as the consumer has confirmed the purchase of digital content via the internet
The consumer can notify his right of withdrawal via info@vixit.org, if desired by using the withdrawal form that can be downloaded via the website of Vixit Regulatory & Clinical Services / Vixit Coaching, www.vixit.org.
The consumer is obliged to return the product to Vixit Regulatory & Clinical Services / Vixit Coaching within 14 days after the notification of his right of withdrawal, after which period his right of withdrawal will lapse.

Suspension of obligations by the customer

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Settlement

The customer waives his right to settle any debt to Vixit Regulatory & Clinical Services / Vixit Coaching with any claim on Vixit Regulatory & Clinical Services / Vixit Coaching.

Insurance

The customer undertakes to insure and keep insured the following items adequately against fire, explosion and water damage as well as theft:
1. goods delivered that are necessary for the execution of the underlying agreement
1. goods being property of Vixit Regulatory & Clinical Services / Vixit Coaching that are present at the premises of the customer
1. goods that have been delivered under retention of title
At the first request of Vixit Regulatory & Clinical Services / Vixit Coaching, the customer provides the policy for these insurances for inspection.

Guarantee

When parties have entered into an agreement with services included, these services only contain best-effort obligations for Vixit Regulatory & Clinical Services / Vixit Coaching, not obligations of results.

Performance of the agreement

Vixit Regulatory & Clinical Services / Vixit Coaching executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
Vixit Regulatory & Clinical Services / Vixit Coaching has the right to have the agreed services (partially) performed by third parties.
The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer.
It is the responsibility of the customer that Vixit Regulatory & Clinical Services / Vixit Coaching can start the implementation of the agreement on time.
If the customer has not ensured that Vixit Regulatory & Clinical Services / Vixit Coaching can start the implementation of the agreement in time, the resulting additional costs and/or extra hours will be charged to the customer.

Duty to inform by the customer

The customer shall make available to Vixit Regulatory & Clinical Services / Vixit Coaching all information, data and documents relevant to the correct execution of the agreement to in time and in the desired format and manner.
The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement.
If and insofar as the customer requests this, Vixit Regulatory & Clinical Services / Vixit Coaching will return the relevant documents.
If the customer does not timely and properly provides the information, data or documents reasonably required by Vixit Regulatory & Clinical Services / Vixit Coaching and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the customer.

Duration of the service agreement

The agreement between Vixit Regulatory & Clinical Services / Vixit Coaching and the customer is entered into for an indefinite period of time, unless it results otherwise from the nature of the agreement or the parties have expressly agreed otherwise in writing.
If a fixed-term contract has been entered into, it will be tacitly converted into an open-ended contract at the end of the term, unless 1 of the parties terminates the contract with due observance of a notice period of 2 month(s), or if a consumer terminates the agreement with due observance of a notice period of 1 month causing the agreement to end at the end of the fixed term.
If the parties have agreed upon a term for the completion of certain activities, this is never a strict deadline, unless specified explicitly otherwise in writing. If this term is exceeded, the customer must give Vixit Regulatory & Clinical Services / Vixit Coaching a written reasonable term to terminate the activities, before it may either terminate the contract or claim damages.

Cancellation of the contract for an indefinite period of time

The customer can terminate an agreement that has been concluded for an indefinite period at any time with due observance of a notice period of 2 months.
A consumer has the right to terminate an agreement for an indefinite period with due observance of a notice period of 1 month.

Indemnity

The customer indemnifies Vixit Regulatory & Clinical Services / Vixit Coaching against all third-party claims that are related to the products and/or services supplied by Vixit Regulatory & Clinical Services / Vixit Coaching.

Complaints

The customer must examine a product or service provided by Vixit Regulatory & Clinical Services / Vixit Coaching as soon as possible for possible shortcomings.
If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Vixit Regulatory & Clinical Services / Vixit Coaching of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
Consumers must inform Vixit Regulatory & Clinical Services / Vixit Coaching of this within two months after detection of the shortcomings.
The customer gives a detailed description as possible of the shortcomings, so that Vixit Regulatory & Clinical Services / Vixit Coaching is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this can in any case not lead to Vixit Regulatory & Clinical Services / Vixit Coaching being forced to perform other work than has been agreed.

Giving notice

The customer must provide any notice of default to Vixit Regulatory & Clinical Services / Vixit Coaching in writing.
It is the responsibility of the customer that a notice of default actually reaches Vixit Regulatory & Clinical Services / Vixit Coaching (in time).

Joint and several Client liabilities

If Vixit Regulatory & Clinical Services / Vixit Coaching enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Vixit Regulatory & Clinical Services / Vixit Coaching under that agreement.

Liability of Vixit Regulatory & Clinical Services / Vixit Coaching

Vixit Regulatory & Clinical Services / Vixit Coaching is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
If Vixit Regulatory & Clinical Services / Vixit Coaching is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
Vixit Regulatory & Clinical Services / Vixit Coaching is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
If Vixit Regulatory & Clinical Services / Vixit Coaching is liable, its 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 damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period

Every right of the customer to compensation from Vixit Regulatory & Clinical Services / Vixit Coaching shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.

Dissolution

The customer has the right to dissolve the agreement if Vixit Regulatory & Clinical Services / Vixit Coaching imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
If the fulfillment of the obligations by Vixit Regulatory & Clinical Services / Vixit Coaching is not permanent or temporarily impossible, dissolution can only take place after Vixit Regulatory & Clinical Services / Vixit Coaching is in default.
Vixit Regulatory & Clinical Services / Vixit Coaching has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Vixit Regulatory & Clinical Services / Vixit Coaching good grounds to fear that the customer will not be able to fulfill his obligations properly.

Force majeure

In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Vixit Regulatory & Clinical Services / Vixit Coaching in the fulfillment of any obligation to the customer cannot be attributed to Vixit Regulatory & Clinical Services / Vixit Coaching in any situation independent of the will of Vixit Regulatory & Clinical Services / Vixit Coaching, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Vixit Regulatory & Clinical Services / Vixit Coaching .
The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
If a situation of force majeure arises as a result of which Vixit Regulatory & Clinical Services / Vixit Coaching cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Vixit Regulatory & Clinical Services / Vixit Coaching can comply with it.
From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
Vixit Regulatory & Clinical Services / Vixit Coaching does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Modification of the agreement

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.

Changes in the general terms and conditions

Vixit Regulatory & Clinical Services / Vixit Coaching is entitled to amend or supplement these general terms and conditions.
Changes of minor importance can be made at any time.
Major changes in content will be discussed by Vixit Regulatory & Clinical Services / Vixit Coaching with the customer in advance as much as possible.
Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Transfer of rights

The customer cannot transfer its rights deferring from an agreement with Vixit Regulatory & Clinical Services / Vixit Coaching to third parties without the prior written consent of Vixit Regulatory & Clinical Services / Vixit Coaching.
This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.

Consequences of nullity or annullability

If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Vixit Regulatory & Clinical Services / Vixit Coaching had in mind when drafting the conditions on that issue.

Applicable law and competent court

Dutch law is exclusively applicable to all agreements between the parties.
The Dutch court in the district where Vixit Regulatory & Clinical Services / Vixit Coaching is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

Attribution

These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/nl/nl).

Drawn up on 25 juli 2023.