Terms and Conditions

STEP-UP-HEALTH B.V.

TERMS AND CONDITIONS

ARTIcle 1. APPLICABILITY

  • These terms are applicable to all products and services through Step-up-Health BV, hereinafter also further referred to as “us” or “we” under her own name or delivered under a different trade and to all Step-up -health BV, under any trade whatsoever contracted agreements, under whatever name. In particular, these conditions also apply to our agreements for the supply of products and / or services to our customers.
  • Where in these terms it talks about “Customer”, this must be understood to mean any natural or legal person, in a contractual relationship with us under a purchase agreement, or other agreement. A “Customer” also means the person who receives the delivered products or services from us or the third parties.
  • The provisions in these general conditions can only be waived only if and insofar as expressly agreed in writing.
  • When a Customer refers to his own general terms and conditions , they will be considered  not applicable, unless and only then when these terms and conditions are not in any way conflicting with the terms and conditions here detailed. Other conditions or terms of the customer own general terms and conditions do not in any way influence the stated articles of this document.
  • Where in these Terms and Conditions refers to “supply (of goods)”, this also includes the provision of services and activities of any kind.
  • Anyone who enters into a transaction with us or joins the newsletter is deemed to be aware of these terms and agrees to them. If you do not agree then the person will be removed from the distribution list immediately and cease any transactions.

 

ARTICLE 2 CONCLUSION OF CONTRACT

 

2.1 An agreement with us shall only be effective if we are given a written order, or have accepted via email. An agreement is deemed to have come into existence at the time we send the order.

2.2  Any additional agreements and/or commitments made and/or done by our staff or on our behalf and/or made by other persons acting as representatives, bind us if these agreements and/or commitments are confirmed in writing by an authorized representative of our company.

2.3  The delivery of a product or service from us is via a completed application form that is sent via the Internet or in writing by the customer and received by us.  We will confirm the registration by email and / or a letter as soon as possible after the notification has been received. By sending this confirmation, the contract is organized.

2.4. The agreement for a program in which a direct debit applies, shall be accepted once the  customer has approved the terms of use and continuous debit.

2.5 We have the right to change discounts and bonuses on products at any time or remove them entirely. It is not possible in any way to rely upon the discounts or bonuses.

 


 

ARTICLE 3 RATES

 

3.1 All our specified prices and tariffs are in euros, unless explicitly stated otherwise.

3.2 All prices stated by us and rates are inclusive of VAT and other government levies, but exclude transport and delivery costs and/or travel expenses, unless explicitly stated otherwise.

3.3 We are entitled at any time to adjust our prices and rates. The adjustment of prices and rates will be provided in advance in writing. The customer explicitly agrees with these changes, which are made in accordance with Consumer Price Index to maintain current market conditions.

3.4 If the Customer does not agree with the announced change in prices and / or rates the right, the customer must write to us within 8 (eight) days after the announced amendment to the agreement by registered post concerning the change that takes effect.

3.5 If a deviation occurs from the original agreement between us and the Customer, the resulting costs for additional work at the prices and / or rates prevailing at the time of execution to the Customer will be charged in consultation with the Customer.

 

ARTICLE 4 TERMS OF DELIVERY AND NOTICE PERIOD

 

4.1 Stated deadlines for delivery by us of Products and / or Services are for guidance only and are therefore never final, unless expressly agreed otherwise in writing.

4.2 The risk of loss or damage to the Products or services that are part of  the agreement between Step-up-Health BV. and the customer, will be transferred to the customer when the customer has factual and physical control over the delivered product, or so does his assistant.

4.3 The customer must check all delivered products immediately after delivery for possible defects or other shortcomings.

4.4 All goods delivered to the customer remain our property until the customer pays all amounts owed to us for the delivered products and / or services, as well as any related interest and costs. Insofar as expressly agreed in writing that certain rights will be granted or transferred, they are always granted or transferred under the condition that the associated fees always be fully and timely met.

4.5 If the Customer does not meet its payment obligations, we are entitled to dissolve the agreement without judicial intervention.

4.6 Any associated costs related to the delivery of goods or services to the client or contact with the client in other than the usual way, can be charged to the Client.

4.7 If the delivery is made in installments, we are entitled to consider every delivery as a separate transaction.

4.8 Once a membership is paid there will be no refunds for the remaining days the membership is valid. Within seven days after termination of our agreement, all payments done in advance will be refunded . All automatic future deductions from the Customers bank account or IBAN  will be terminated simultaneously.

4.9 The termination of a membership is only possible via e-mail to info@myhealth.today. The day when the mail arrives is the date of termination. This must be canceled at least 7 days before the end of the membership period.

 

ARTICLE 5 ADVERTISING BY CUSTOMER

 

5.1 The customer is responsible for the accuracy and completeness of and is responsible for the information he has provided us. The goods delivered by us may differ from the description in the order if and when it comes to small and / or minor changes.

5.2 Complaints of the customer, which relate to defects in the delivered products/services, must be supplied by the customer within 8 days of delivery (or within eight days after the invoice date, if the service(s) did not reach the customers) to us.  This should be done by registered letter or e-mail containing a clear accurate description of the complaint and giving the bill invoice details, which relates to the case.  The customer must perform a careful and timely check.

5.3 Any claim of the Customer against us relating to defects in the goods delivered by us, will lapse if:

  1. the deficiencies within the prescribed period of eight days and / or at the designated manner have been communicated to us;
  2. Customer lack of feedback/lack of cooperation in respect to an investigation to establish the merits of the complaint;
  3. Customer has not prepared properly, handled, used, stored, maintained or whether he has used or mishandled the goods under conditions or for purposes other than by us;
  4. the application or the use of goods in relation to the alleged complaint is continued by the Customer;
  5. the warranty has expired on the individual agreement or, if such a term is missing, complaints first raised after a period of more than 12 months since the delivery has passed.

 

ARTICLE 6 LIABILITY

 

6.1 If a complaint is justified and accepted by us, we are at our discretion obliged to:

  1. Offer a (free) repair of defects;
  2. refund of the purchase amount / crediting of the invoice sent to the customer which is resolved without judicial intervention of the agreement, all as far as the purchase amount, the invoice and the agreement on the defective item(s) relate;
  3. to pay compensation in another form referred to above in consultation with the Customer.

6.2 Except to any obligations arising from the above we are never obliged to pay any compensation to the Customer and others, unless there is intent or gross negligence on our part. In particular, we are never liable for consequential loss or damage, direct or indirect damages, whatsoever profits and damages including downtime – suffered by the client, his subordinates and employees by or through him or a third party created by complete or partial (re-) deliveries of items, delayed or unsound delivery, or failure to deliver goods or of the goods themselves.

6.3 The Customer is not entitled to return products or services where no substantiated complaint has been made.  Should this occur without any valid reasons, all costs involved with the return shall be borne by the customer. We shall be free to store the goods at the expense and risk of the Customer at and by third parties.

6.4 The customer is obliged to indemnify us against all claims by third parties regarding the implementation of the agreement that could be brought against us, as far as the law does not preclude that from these claims resulting from damages and costs payable by the Customer

6.5 We are not liable in any form whatsoever for the accuracy and / or completeness of the content and / or meaning of the information provided through the different products and services.

6.6 We are not liable for any injuries that occur due to the improper conducting of exercises.  All exercises have taken place with care in order to prevent injuries. The program is also well designed so that the body can become used to the exercises in the program.

6.7 Videos are hosted on a server of a third party. We are not responsible for this third party being inaccessible or offline status of these videos. There will be no refunds for this period as part of the paid membership.

6.8 The use of the service and or product including the series of video programs, health advice, food recipes and health recommendations is at your own risk. We are in no situation liable for the use of the video program, health advice, food recipes and health recommendations and their possible consequences, such as but not only relating to injuries, problems or complaints arising solely through the use of the video program, health advice, food recipes and health recommendations. During the use of these video programs, health advice, food recipes and health recommendations there is no monitoring of the performance or implementation of the exercises, advice, information or recommendations contained in the videos, documents, images or other forms of content available through us.

 

ARTICLE 7 RETENTION AND SECURITY

7.1 Our delivered services remain our property until the full payment for all that the customer related to or arising from the services owes us relating to our goods is supplied to us. If we judge necessary, we have the right to demand of the customer assurance regarding the fulfillment of its obligations.

7.2 The Customer is not authorized to sell the goods to third parties.

7.3 We are entitled at any time to take the items that are identified under the Client (or any third party) agreement as owned by us, as soon as we can reasonably assess that there is a real risk that the Customer will not meet his or her obligations.  This shall not affect our consumer rights under common law.  In particular we also retain the right to ask the Customer for any damages relating to the taking of these items.

7.4 The Customer is obliged to insure the risk of fire and theft in relation to the outstanding issues and to demonstrate this insurance at our request.

7.5 The domain of the websites offered to the Customer by us, are registered by us and remain our property until the customer completes payment relating to the information detailed in Paragraph 1 are fulfilled.

7.6 No part of the programs may be copied. Once it is established that there is copying or illegal distribution, legal action will be taken.

 

ARTICLE 8 PAYMENT

 

8.1 Payment must be made in Euros, unless otherwise agreed, without any deduction or rebate, by transfer to a bank or giro account designated by us, in both cases immediately after delivery of the goods concerned, at least within 15 days after the invoice date, all unless explicitly agreed otherwise in writing. When paying by bank or giro the date of crediting our bank or giro account is the date of payment.

8.2 Invoices will be sent by email in PDF format unless otherwise noted.

8.3 If the Client is not in time for delivering the (overall) payment, he is in default without any further notice being required. Then we have the right, in accordance with the breach of the Customer relationship, to suspend our obligations towards the Customer, without impacting our legal rights arising from the law.

8.4 If the Customer is in default or fails to fulfill his obligations, then all reasonable costs incurred to obtain a satisfactory outcome out of court are the responsibility of the Customer. If the Customer remains in default of the late payment of any sum of money, it is charged at an interest rate of 6% per annum payable.

8.5 If payment in installments is agreed, payment will lapse if at least two invoices become overdue without the payment being received. The entire claim is from that moment due. At this point we are entitled to waive the relevant customer of an offer for a payment plan.

8.6 All costs related to the collection of non-paid amounts (including the extrajudicial collection costs) shall be borne by the debtor. The extrajudicial collection costs amount to at least 10% of the principal amount, all inclusive of VAT.

8.7 If the financial position of the Customer after the conclusion of the agreement, but before the delivery of the goods deteriorates substantially, we are entitled wholly or partially from further execution of the agreement or an amendment to the payments due.

8.8 We may transfer the amounts due in respect of all transactions to a credit agency at our discretion.

8.9 On the direct debit regular payment scheme, the terms of our chosen payment provider apply.  Permission is always asked for direct debit payments to debit the membership.

 

ARTICLE 9 NOT-satisified MONEY BACK GUARANTEE

 

9.1 If a customer is not satisfied with the service, on some products we offer a money-back guarantee.  This guarantee means that if the client has complied with the agreed terms of payment and has no arrears, the material can be returned within an agreed period of time, provided that strict compliance with the warranty certain conditions are met.  The customer receives the full purchase price minus the administrative costs amounting to 15 euros.  In the situation of an online program, the account will be immediately stopped after confirmation is received that the customer wishes to use the non-money-back guarantee. There is no guarantee that all online data entered for this customer will be saved.

9.2 If the customer has two unpaid installments, or has otherwise arrears, the non-money-back warranty is not valid.

9.3 If the Customer initiates a-money-back guarantee, all costs are charged to us. The costs for shipment to the customer to be always at our expense. Return of the package and other costs incurred for customer will be charged to the Customer, or must be done directly by the customer, in case of the return of a product. We reserve the right to suspend refunds to the Customer until all costs due by the customer are complied with .

9.4 From the moment the case is turned over to a debt collection agency the money-back guarantee is no longer valid. The agreement is from this moment irreconcilable for the customer, even if it is in direct contradiction with what would have resulted from late payment.

9.5 The money-back guarantee only applies to the 14 days of membership.  The customer must contact us within 14 days via e-mail. The day of receipt of the e-mail is regarded as the day on which the money-back guarantee is paid. The money will only be paid to the holder of the membership  As a payment in advance is done for a period of three months, this payment  will be refunded. Once 30 days have past, the warranty is void and Article 4.8 applies.

ARTICLE 10 FORCE Majeure

10.1 Force majeure shall mean any circumstance beyond our control such that compliance with the agreement cannot reasonably be demanded of us (not attributable shortcomings in compliance). Force majeure means war, unrest and hostilities of any nature whatsoever, blockades, boycotts, natural disasters, epidemics, scarcity of raw materials, impediment and interruption of transport facilities, disruptions in our business, import and export restrictions or prohibitions, obstructions caused  laws, rules , or decisions made by or enforced by genuine international, national and regional (government) bodies.

If force majeure applies, our delivery obligation is not and cannot comply properly or fails, we are entitled to the contract or the unfulfilled portion as dissolved or for a definite or indefinite time to be suspended, at our discretion.  In the case of force majeure, the Customer may not claim for damages.

 

ARTICLE 11 INTELLECTUAL PROPERTY RIGHTS

11.1 All intellectual property rights or rights linked to the services and products, and in connection therewith by or on our behalf or any third party reside with us and the relevant third party cover items such as issued leaflets / brochures, CD-ROMs, digital data, other knowledge carriers and other items that contain copyrighted data.

11.2 All information obtained by or on behalf of us or third parties and (work) material is intended solely for private use of the customer or his organization. This website is only accessible to members of our services. Parts of this web site are not accessible to the general public. This is not a public website.

11.3 The participant is not permitted to obtain information / material out here in any way to reproduce in whole or in part or to make public, except with the prior written consent of the owner of the company. The agreement with the customer in no way extends to the transfer of any intellectual property by or on behalf of us or any third party information provided, nor for any license fee, unless otherwise expressly agreed upon.

11.4 The photographs, images and drawings used in this website are free from property rights and / or property rights belong to us. All photos and drawings, or legally purchased are designed by and for us. The look and design of the website is derived from common templates, whether free or not available on the Internet, websites, templates, etc but sufficiently adjusted via the Internet based on standard adapting techniques to be sufficiently different and not conforming to the original. In case an owner of certain property rights comments on this content, design, style or colors is concerning about his property rights, we will modify in order that all the information presented is in our own corporate identity represented by the website itself.

11.5 The design, content and style of any e mail messages, SMS texts, articles and other media that can be distributed is based on the common standards and good practices in email marketing, SMS marketing and internet marketing in general use.  This includes fonts, spacing, column width, style, color, design and content.  All content displayed in the emails, SMS texts, articles and other information carriers is based on secondary information sources such as books, email, websites, and any other media, in addition to our own experience and expertise.

11.6 All our information distributed is a compilation of information that we have gathered from numerous secondary sources such as books, articles, websites and other media as well as our own experience and expertise.  Any resemblance to other similar information regarding this matter is therefore purely coincidence.

11.7  it is permitted and allowed to use  and adapt the information provided here, unless it is  stated otherwise. Information that specifically refers to our methodology and approaches is protected by the  law written to protect  Intellectual Property Rights.

 

We are based in The Hague and are registered at the Chamber of Commerce for the Netherlands under number: 60254130.  Dutch law applies to our terms and conditions.

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