Terms & conditions Crohnproof

Table of contents
Article 1 – Definitions
Article 2 – Identity of the operator
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – The execution of the right of revocation
Article 8 – Cancellation clause for coaching
Article 9 – Prices and payment
Article 10 – Liability
Article 11 – Disclaimer and warranty
Article 12 – Intellectual property
Article 13 – Confidentiality
Article 14 – Termination
Article 15 – Complaints regulation
Article 16 – Final provisions

Article 1 – Definitions
1. These general terms and conditions apply to:
a. Consumer: The individual who does not act operate on behalf of a profession or a corporation, who is at least 18 years of age and with which the operator has entered into a commitment at a distance.
b. Operator: The individual who offers the services at a distance to consumers.
c. Parties: The consumer and the operator together.
d. Agreement at a distance: an agreement in which the operator by use of his organized system for selling services at a distance and the entering of a commitment, which are made using technology for communication at a distance.
e. Services: a term used for all the offers the selection of products the operator offers on behalf of the consumer via his website.
f. Coaching: an online service offered via Skype, Weeseedo or by phone by the operator.
g. Reflection period: the time span in which the consumer can use his right of revocation.
h. Day: a calendar day.
i. Durable medium: all means which enables the consumer or operator to save personal information which is given to access the files in the future, and which makes a reproduction of the saved information possible.
j. Right of revocation: the possibility for the consumer to refrain from the closed agreement of the agreement at a distance within the given reflection period.
k. Technology used for communication at a distance: the means which can be used to enter into a commitment, without having the consumer and operator meet in the same place.
2. All other terms of the previous mentioned will apply at all times if one of the other terms of the general terms and conditions are annulled. The parties have to discuss a replacement for the element which has been annulled, whereby they take the original terms into consideration.
3. The general terms and conditions are negotiated in support of any third party that is involved in the service and the implementation of the agreement or who might be connected to the agreement.

Article 2 – Identity of the operator
Crohnproof
Het Hooge 12
8421 SE Oldeberkoop
The Netherlands

Website: www.crohnproof.com
Phone number: +31 (0)516 785 559
e-mail: info@crohnproof.com

KvK number (Chamber of Commerce): 68491352
VAT number: NL198781763B04

Article 3 – Applicability
1. These general terms and conditions apply to all offers done by the operator and to all agreements at a distance which have been drawn up by the operator and consumer.
2. The general terms and conditions are made available to the consumer before the agreement at a distance is drawn up.

Article 4 – The offer
1. It will be mentioned in the offer if the offer has a limited validity or takes place under circumstances.
2. The offer contains a complete and precise description of the offered services. The description is detailed enough for the consumer to judge the offer properly. The pictures used in the description are authentic footage taken from provided services. Apparent errors or mistakes in the offer are not binding for the operator.
3. Each offer is provided with information, which informs the consumer about his rights and obligations which are connected to the acceptance of the agreement. This, in particular, the case for the following:
o The price including the VAT;
o The way the agreement has been made, and which actions have been taken to get there;
o The application of the right of revocation;
o The method of payment, shipment of a product, and the execution of the agreement.
o The period for accepting the offer and the period in which the operator guarantees the given price.
o The level of the rate given for the communication at a distance if the use of the technology to communicate at a distance is calculated different from the regular basic rate for the use of the technology.
o The manner in which the consumer would like to check and change the given information when needed, before closing the agreement.
o Other languages, apart from Dutch in which the agreement can be concluded.

Article 5 – The agreement
1. The agreement, subject to the given information in section 4, will be brought out when the consumer accepts the offer and meets the given terms and conditions.
2. If the consumer accepts the offer via a type of technology, the operator will confirm the agreement via this method as well. the consumer can annul the agreement without additional costs if this is done before the operator confirms the agreement.
3. If the agreement is made via a type of technology, the operator will provide a safe technologic environment which can be used to share information from both sides. The operator will use accurate precautions if the consumer decides to pay via an electronic method.
4. The operator can inform the consumer, within the legal frameworks, about payment obligations. If the operator has clear grounds to decide not to enter into an agreement, he is entitled to refuse an order or agreement or he can decide to create specific terms and conditions for this case.
5. The operator will provide the consumer with the following information on paper or via a different durable medium:
a. The address of the operator’s office where the consumer can go or can contact in case of any complaints;
b. The terms and conditions in which the consumer can use his right of withdrawal, or a clear notification stating the consumer cannot use his right of withdrawal.
c. The information mentioned in section 3 from article 4, unless the operator has already provided the consumer with this information before the agreement has started.
6. The operator is allowed to make use of third parties to execute the agreement and the delivery of services.
7. The operator takes on an obligation to perform by signing the agreement but does not guarantee the accomplishment of the expected results unless this is stated explicitly in the agreement with an apparent manner of identification of the result.

Article 6 – Right of withdrawal
1. The consumer has the right to annul the agreement within 14 days, without explanation. The reflection period ends 14 days after the day the agreement at a distance has been signed.
2. When annulling the agreement as mentioned in the previous section, the consumer shall be charged remuneration which is commensurate with the part of the agreement which has been fulfilled by the operator already and is calculated using the total price as mentioned in the agreement.

Article 7 – The execution of the right of revocation
1. The consumer can inform the operator via the standard form for revocation or via a written method in an unmistakable manner if he wishes to revoke the agreement.
2. All additional agreements are revoked automatically if the consumer avails themselves of their right of revocation.

Article 8 – Cancellation clause for coaching
1. Services regarding coaching are made in accordance with article 5 of the general terms and conditions.
2. By way of derogation, the consumer does not have the possibility to use his right of revocation for coaching agreements.
3. The consumer should inform the operator at least 24 hours in advance of the appointment when he is unable to take part in the consult at the agreed time. Only then, the parties can discuss a new date without added expenses.
4. If the coaching consult is canceled within 24 hours before the consult, the parties can decide the arrange a new meeting upon a new payment.
5. It is not possible to catch up on a consult at a later moment unless there is a case of demonstrable force majeure.
6. If the consumer logs in later onto the decided medium which is used for the consult, the original time will not be extended with the delay time. Furthermore, missed time cannot be made up for.
7. When the consult takes place on a day subsequent to a Sunday or one or more Dutch holidays, the cancellation clause of 24 hours will be changed into 6 pm on the last preceding business day. Regarding a Monday, the cancellation period will then be 6 pm on the preceding Friday.
8. The operator is empowered to charge additional work if the consult takes up more time than the agreed time.

Article 9 – Prices and payment
1. The prices mentioned for the services are VAT included.
2. The prices of the services will not be changed during the duration of the agreement, except the VAT, which might change during this period.
3. Price increases within three months after the agreement has been concluded are accepted when these are the result of legal regulations or provisions.
4. Price increases after three months after signing the agreement are only allowed if the operator has negotiated the change; or
a. These are the result of legal regulations or provisions;
b. The consumer has the power to terminate the agreement on the day the price increase takes place.
5. The consumer’s payment should be done via iDeal or a different payment provider, preceding the service unless agreed upon otherwise.
6. The consumer is obligated to inform the operator about misstatements and incorrect information in the payment details.

Article 10 – Liability
1. These general terms and conditions are not a limitation or exclusion of the operator’s liability, which cannot be limited or excluded in accordance with the law.
2. The operator shall not be liable for damage caused by the consumer failing to comply with the provisions of the agreement and the general terms and conditions.
3. The operator shall not be liable for collateral damage of any kind.
4. The liability of the operator is maximized to the amount of money the insurance company gives out for that case.

Article 11 – Disclaimer and warranty
1. The operator is not a doctor and does not have any medical expertise. The consumer should ask a doctor before starting with the services at all times.
2. The operator explicitly does not guarantee anything regarding the intended result and the online coaching consults.

Article 12 – Intellectual property
1. The intellectual property concerning the content of the services rests with the operator.
2. The consumer is not allowed to multiply or go public with information from the website, the online programme etc. in all forms, such as photocopying, video recording, or any other way, then after getting written permission from the operator.
3. The consumer is not allowed to hand over or sell his rights and/or obligations from the agreement to third parties unless stated otherwise.
4. The operator is allowed to handover or sell his rights and/or obligations from the agreement without needing permission from the consumer.

Article 14 – Termination
1. The operator is authorized to postpone the execution of the agreement completely or partially, and is authorized to terminate the agreement effective immediately completely or partially if the consumer:
a. Is in breach of any provision of the general terms and conditions;
b. is declared unable to act or put under administration;
c. has submitted an entry to a debt rescheduling programme;
d. is accepted into a debt rescheduling programme;
e. has submitted a declaration of bankruptcy;
f. is declared bankrupt.

Article 15 – Complaints regulation
1. The operator should be informed about complaints regarding the services within 14 days after the complaint has been made, by written notice or via email (info@crohnproof.com).
2. A complaint does not change the obligations as well as the rights and arise from this complaint the consumer has towards the operator.
3. Complaints about the execution of the agreement have to be submitted within a reasonable time and clearly with the operator after the consumer has taken note of the shortcomings.
4. Filed complaints will be answered by the operator within 14 days after receiving. If a complaint results in a longer handling time, the consumer will receive an email from the operator within the 14 days limit, which indicates when the consumer can expect a detailed answer.
5. If the complaint is well-founded, the operator will again carry out the activities as agreed unless it has been demonstrated by the consumer as futile. The latter must be communicated in writing by the consumer.
6. If the complaint cannot be solved in joint consultation, there will be a dispute that is open to dispute settlement rules.

Article 16 – Final provisions
1. These general terms and conditions are still effective even if the user changes its name, juridical form or owner.
2. Additional provisions and/or deviations from these general terms and conditions may not be to the consumer’s detriment and must be put in writing or be recorded in such a way that the consumer can store them in an accessible manner on a long-term data carrier.
3. All agreements to (foreign) to which the presented general terms and conditions apply, shall be governed by Dutch law.

Article 13 – Confidentiality
1. The parties are obliged to keep all given classified information and all the information needed to complete the agreement secret. These obligations apply to the third parties involved as well.
2. Information is considered classified unless explicitly and written stated otherwise by the other or if it arises from other information.
3. The confidentiality agreement does not account for any lawful or professional rules the operator has accountable for.