In these general terms and conditions, the following definitions apply:

1.1 Contractor: yuuwell; registered with the Chamber of Commerce in Amsterdam under number 34240362, located at Zoutkeetsgracht 106, 1013 LC, in Amsterdam.

1.2. Client: the party that enters into an agreement with yuuwell, to the contractor issues an assignment or to whom the contractor has sent an offer on which these terms and conditions apply.

 

2.1. Service offered: the service stated in the agreement with the customer. The contractor performs different types of treatments, gives advice, supplies products and services and performs actions to improve health. Yuuwell provides various relaxation treatments to companies for its employees, demo or introductory treatments, treatments at events. The service takes place at the location of the contractor.

2.2. Client: the contractual counterparty of yuuwell.

2.3. Assignment: an agreement whereby services are provided against payment by the client are provided by yuuwell.

2.4. Contract: a written agreement or digitally by e-mail of a certain duration whereby against Payment of fee by the client, services are provided by yuuwell.

 

3.1. These general terms and conditions apply to all agreements and offers whereby the contractor will perform services of any nature whatsoever for the client, even if these services are not (further) described in these terms and conditions.

3.2. Deviations from these general terms and conditions are only valid if they are expressly stated agreed in writing. Any terms and conditions or other terms and conditions of the client are not valid. The applicability thereof is determined by the contractor expressly rejected.

3.3. If any provision of these general terms and conditions is null and void or becomes null and void, the other provisions of these terms and conditions remain in full force and effect the contractor and the client will enter consultations in order to determine new provisions to agree on the replacement of the void or voided provisions, whereby as much possibly the purpose and purport of the void or voided provision is observed taken.

3.4. If the contractor does not always comply strictly with these general terms and conditions requires, this does not mean that the provisions of these general terms and conditions do not apply, or that the contractor would in any way lose the right to enter into other cases, the strict compliance with the provisions of these general terms and conditions desire.

3.5. The Contractor is entitled to change or supplement these general terms and conditions. Changes of minor importance can be made at any time. Great substantive changes will be discussed with the client (in advance).

3.6. The agreement is concluded as soon as the contractor accepts the offer has achieved. By accepting, the client declares to agree with the applicability of these general terms and conditions and, if necessary, waives them an applicable statement of its own general terms and conditions. become agreements finally captured digitally.

3.7. If reservations or changes are made to the offer in the acceptance notwithstanding the provisions of the previous paragraph, the agreement only comes into effect status, if the contractor has notified the client of these deviations from to agree to the offer.

 

4.1. A sent quotation is valid for one month, depending on the time of the assignment.

4.2. If no acceptance period has been set, no rights whatsoever can be attached to the quotation are borrowed. General terms and conditions yuuwell article 4. paragraph 4.3. If client accepts an offer, the contractor retains the right to change the offer within two working days after acceptance.

4.3. The contractor cannot be held to its offers if the client can reasonably understand that the offer, or a part thereof, is an obvious contains a mistake or error.

4.4. A composite quotation does not oblige the contractor to perform a part of the order against  corresponding part of the quoted price.

4.5. If the acceptance of the quotation deviates, the contractor is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance, unless the contractor indicates otherwise.

4.6. Offers made are in principle price indications and do not automatically apply to future ones assignments.

 

5.1. The final offer contains a detailed description of the work to be performed by the contractor, including the full costs, the objective, the approach, the start and end time and the duration of the work at the location of the assignment.

5.2. The agreement is concluded when the client accepts the contractor’s offer accepts. The confirmation of the agreement is done digitally.

5.3. If the client cancels the assignment or dissolves the agreement without valid reasons, he is liable for damages in accordance with these general terms and conditions.

5.4. The contractor reserves the right to reject an assignment without stating reasons.

5.5. The Contractor is not bound by verbal agreements if they are not made in writing contractor are confirmed.

 

6.1. Changes to an assignment or contract will only be effective if they are confirmed in writing by Yuuwell.

6.2. In the case of a contract, subject to the provisions of Article 5.3. only interim changes take place with mutual consent or judicial intervention.

6.3. In the case of an agreement for a definite or indefinite period that runs at least 1 year from the start date Yuuwell reserves the right to change rates, services and/or conditions to change in the meantime. Yuuwell will serve the customer for 2 months inform you in writing of the intended change(s). The customer is considered with the change(s) unless he informs Yuuwell within 10 working days after notice to the contrary and terminates the contract

6.4. The provisions of this article do not affect Yuuwell’s right to as a result to change the service provision and/or conditions in the interim due to legal regulations. Yuuwell is entitled, directly or indirectly, from statutory regulations resulting additional costs with effect from the next invoice date to the customer by calculating.

 

7.1. Unless stipulated otherwise in the agreement, it is entered into for the duration of the chosen subscription, commencing on the date stated in the agreement or quotation. If the customer wants to cancel before the end date of the agreement, a notice period of 2 applies months, starting from the date of receipt of the written cancellation from the customer.

7.2. After the agreed contract period has expired, the agreement will converted into an agreement for an indefinite period and a notice period of 2 months also applies, commencing on the date of receipt of the written notice of termination from the client (customer).

7.3. If there are changes to rates, services and/or conditions, otherwise than changes in accordance with Article 5.4. and/or Yuuwell will notify the customer in a timely manner. 19.2. send a written proposal to extend the relevant agreement before the expiry of the contract period. The customer is deemed to have agreed to the changes unless he has notified Yuuwell to the contrary within 10 working days of notification.

 

8.1. The services that Yuuwell will provide to the client (customer) include the services mentioned in the offer agreement.

8.2. In the event of illness, leave or other reasons for preventing the delivery of the goods specified in the services mentioned in the agreement, Yuuwell will make every effort to find a replacement to ensure continuity and quality. If this is not possible in the short term, the booked hours or planned treatment sessions will be suspended until a suitable solution or replacement has been arranged and, of course, will not be charged.

8.3. The Client cannot oblige Yuuwell to deploy the same persons for the service to be performed during the contractual period.

 

9.1. Deviations from these general terms and conditions will only be effective if they are confirmed in writing by Yuuwell. In accordance with article 3. paragraph 3.2.

9.2. In the event that one or more provisions of this general agreement are deviated from, the other provisions will remain in full force.

9.3. If derogations from these general terms and conditions are expressly or tacitly permitted by Yuuwell for a shorter or longer period of time on any point and/or part, this will not affect Yuuwell’s right to direct and strict compliance with the general terms and conditions for the future. Even if Yuuwell has not strictly applied one or more provisions of these terms and conditions during a period, the relevant client (customer) cannot derive any rights from this for the future.

 

10.1. The day on which the written, e-mail cancellation/postponement, stating a valid reason, is received by the contractor, will be regarded as the cancellation date.

10.2. Cancellation of a treatment session must be made no later than 7 calendar days before the agreed day, unless otherwise agreed. In addition, Yuuwell will charge the client/customer 15% of the agreed fee for the service(s) to be canceled for all costs incurred by it (preparation costs, hiring third parties, etc.).

10.3. If cancellation does not take place or takes place too late, Yuuwell is entitled to charge for the relevant service(s).

10.4. If the client (customer) cancels the assignment too late or terminates it prematurely, the contractor will charge the client 50% of the total amount.

10.5. Financial obligations in case of cancellation: within 14 days after signing the order, it can be canceled free of charge, after which 50% will be charged. Rescheduling or cancellation is only possible by email.

 

11.1. If and insofar as the proper execution of the assignment requires this, the contractor has the right to have work performed entirely by third parties.

11.2. The Contractor is never liable for the work performed by these third parties, neither for direct nor indirect damage.

11.3. In the performance of an assignment on location by third parties hired by Yuuwell is prohibited from taking photos and film material for the promotion of a website and / or social media page of the therapist while performing the work.

11.4 During 24 months after the termination of the agreement, the client (customer) is prohibited from directly or indirectly employing or hiring a therapist or having work performed in any way by a former therapist of yuuwell for its company who has an equal or similar products, or provides services as yuuwell.

 

12.1. Yuuwell will provide its services according to a treatment schedule supplied by the client. The execution of the treatments takes place at the location of the client and will be aimed at the employees or participants designated by the client. If the employee, relation and/or customer is unable to attend, does not respond or does not appear, this is at the risk of the client/customer, in accordance with Article paragraph 10.3. unless otherwise agreed.

 

13.1. The client will make available a suitable space of at least 3×2 meters for the table massage in order to be able to perform those services.

13.2. The provision by the client (customer) employer of a contact person for Yuuwell with regard to assisting in drawing up a treatment schedule and the possible collection of co-payments by employees during the contract period of the service. The contact person will also ensure timely notification of changes in the treatment schedule.

13.3. The client ensures that both the contact person and the other employees and any third parties for whom the service is intended are aware of the service method to be provided and the duration of the agreement.

13.4. The client (customer) must provide the correct information about all matters that may be of influence to guarantee correct and correct treatment.

13.5. Important for women: if you are pregnant, or in the process of becoming one, you must be sure to report this. You should also do this if the pregnancy is difficult prior to treatment. The client/customer remains responsible for passing on important information regarding his or her health, including that of its employees.

13.6. The client (customer) must comply with the terms of delivery and the payment conditions stated in article 2. paragraph 2.3.

 

14.1. Yuuwell, or one of the employees or third parties who carries out an assignment in the name of the contractor, reserves the right to refuse the client (customer) and can deny access at all times and stop the treatment. This is possible without giving any reason. Possible cause can be a contraindication during treatment, but also unacceptable behavior in any form whatsoever.

14.2. Only clients (customers) without very serious complications are treated by Yuuwell. In case of doubt, it is advisable to consult a doctor, physiotherapist or specialist before booking a treatment.

 

15.1. Yuuwell cannot guarantee that the client (customer) will actually get rid of his/her complaints during the services provided by the contractor. Yuuwell cannot be held liable for this.

15.2. Yuuwell guarantees that it will provide its services to the client (customer) as well as possible if the obligations of the client are adhered to.

 

16.1. The complaint of the client/customer must be made as soon as possible, but no later than 48 hours after discovery.

16.2. The client (customer) can submit complaints in writing to Yuuwell, via the email address info@yuuwell.nl. We try to process the complaint within 5 working days.

 

17.1. When delivering or providing services to a client, the contractor complies with the requirements of the Personal Data Protection Act.

17.2. Yuuwell and therapists who carry out an assignment for the contractor will treat all information from the customer regarding the company, and all other relevant information, such as the business operations and working conditions that it obtains during the performance of its services, confidentially and will not provide this information to third parties.

17.3. Yuuwell will impose a confidentiality obligation, as described in Article 17 paragraph 1, on everyone who is and or will be engaged for it in the performance of the services at the client.

 

18.1. The services will be provided at the agreed rates. The rates are valid during the contract period in the sense that Yuuwell with a term of 60 calendar days will announce any changes in the rates, services and/or conditions in writing.

18.2. Yuuwell reserves the right to change the rates after the end of or upon renewal of the contract period. If this is the case, Yuuwell will inform the customer of this on its website and in writing.

 

19.1. The person who enters into the agreement undertakes to pay all of the costs arising from the agreement. Unless stated otherwise, the prices are stated in euros, excluding travel expenses and other explicitly mentioned elements. The customer will receive an invoice for the sessions via email for the administration upon request. For companies, the rates are exclusive of 21% VAT.

19.2. Companies must pay 50% of the invoice in advance to confirm the order. This must be paid no later than 14 working days before the relevant date.

19.3. The expenses incurred by the contractor in the context of the assignment, including parking, travel and petrol costs are charged separately unless otherwise agreed.

19.4. The payment term for invoices is fourteen days, failing which the client is in default.

19.5. Unless expressly agreed otherwise, the client must pay the contractor in arrears.

19.6. The Client is in default from the expiry of the payment date. The obligation from Yuuwell to the provision of services can be suspended with effect from the date on which the payment term has expired, while the customer owes statutory interest on the outstanding amount with effect from that date.

19.7. After the expiry of that date, the Contractor will send a reminder and give the Client the opportunity to pay within fourteen days of receipt of this reminder. If after the expiry of this term payment has still not been made and the client cannot invoke force majeure, the contractor is entitled to charge interest from the expiry of the payment date.

19.8. If the client remains in default after sending the reminder, the amount due to pay will be transferred and all extrajudicial collection costs will be borne by the client. This includes the costs of lawyers, bailiffs, collection agencies, determined in accordance with the applicable or customary rates.

19.9. In the event that, in the opinion of Yuuwell, the financial position of the client/customer entails risks, Yuuwell is entitled to shorten the payment term and/or to request security for payment in advance.

 

20.1. Yuuwell cannot be held liable for damage resulting from its services. This is limited to the damage that can be regarded as an immediate and clear consequence of the non-performance or defective performance.

20.2. The contractor is never liable for indirect damage. Indirect damage is understood to mean: consequential damage; lost profit; missed savings; damage due to business or other stagnation. The contractor is also not liable for damage and/or injury as a result of incorrect or deliberately concealed information obtained by the client prior to the treatment. The client (customer and its employees) uses the services of Yuuwell of its own free will and can therefore not be held liable for any damage, whatsoever, arising from participation in treatment and/or using the services of Yuuwell. .

20.3. The Contractor is not liable for damage, loss and/or theft of personal belongings.

20.4. The conclusions of the client, based on the assignment agreement, are subject to interpretation and these conclusions may differ from others’ interpretation. Yuuwell is in no way liable for this.

20.5. The client indemnifies Yuuwell against claims from third parties, including the employees of the client. Yuuwell and therapists (third parties) are not liable for non compliance, late or complete non-compliance with its obligations as a result of shortcomings and/or circumstances that cannot be attributed to Yuuwell.

 

21.1. Force majeure is understood to mean that circumstance that prevents the fulfillment of the obligation and which cannot be attributed or blamed on Yuuwell.

21.2. In the event of force majeure, Yuuwell will immediately notify the client thereof. After receipt of this notification, the client has the right to cancel the assignment in writing for eight days, however under the obligation to purchase from Yuuwell and to pay for the part of the assignment that has been carried out.

21.3. Illness and temporary or permanent incapacity for work of the client release Yuuwell from complying with the agreed delivery period or from its delivery obligation, without the client being able to assert any right to compensation of costs, damage and interest on that basis.

21.4. During force majeure, Yuuwell’s obligations are suspended.

21.5. If the period of force majeure lasts longer than two months, the parties are authorized to dissolve the agreement without any obligation to pay compensation.

 

22.1. Each of the parties is, without prejudice to the right to compensation of costs, damage and interest, entitled to terminate the agreement without judicial intervention with immediate effect effective interim termination by registered letter, if: a. the other party has not fulfilled one or more of its obligations and is negligent towards it to fulfill obligations within a deadline set for compliance by registered letter term.

b. bankruptcy or suspension of payment is requested in respect of the other party or granted, or measures are taken that indicate termination or cessation of the company.

c. the client dies, is placed under guardianship or goes into liquidation come to be.

 

23.1. Yuuwell agrees to dissolve the agreement without judicial intervention with immediate effect in the middle if it deems this to be reasonably necessary in joint agreements and on the basis of these general terms and conditions.

23.2. Without further notice, the client will be in attributable default: in the event that the solution ultimately from the agreement does not fully or completely comply; B. in the event of bankruptcy or suspension of payment by himself of his company; C. upon liquidation of his company.

23.3. In cases referred to in the partial cover, Yuuwell has the right, without summons and/or judicial outcome, to suspend the performance of the agreement in whole or in part, to dissolve the agreement in whole or in part, without being held to a partial breach for so long. are .

23.4. When relying on this article, the provisions of article 11, paragraph 1 are based on application.

 

24.1. The agreement in all its parts is governed by Dutch law. For assignments outside the Netherlands, the laws of that country apply.

24.2. Without prejudice to Yuuwell’s right to submit a dispute to the competent court according to the law, disputes between parties will in the first instance be submitted to the competent court in Yuuwell’s place of business.

24.3. These General Terms and Conditions have been filed with the Chamber of Commerce in Amsterdam.