Terms & Conditions Wanderful Assistant

Last updated on January 10, 2019.

Wanderful Assistant, registered at the KvK under number 70214840.


Definitions

In these Terms & Conditions, the following terms are used and they have the mentioned meaning.

Company: Wanderful Assistant also mentioned as “I”, “my”.

Business: Party, acting as a business or profession.

Consumer: Party, not acting as a business or profession.

Service: All activities, in every form possible, that the Company performs for the Party.

Remote services: The Agreement for Services to be performed for the Party by the Company where the Agreement is made exclusively by means of distance communication and the service will be performed remotely.

Fee: The financial compensation for the services agreed upon in the Agreement between the Party and the Company.

Distance sell: The Agreement for goods or services to be supplied to the Party by the Company where the Agreement is made exclusively by means of distance communication.

Assignment: The agreed upon services between the Party and the Company.

Agreement: Every Agreement signed by the Party and the Company.

Product: All aspects that are mentioned in the Agreement between the Party and the Company.

Party: The person that agreed to these Terms & Conditions and bought the product that has to be supplied and/or the services that have to be performed. A Party can be a Business as well as a Consumer.


Scope

These Terms & Conditions are applicable for every offer and Agreement between the Party and the Company.

These Terms & Conditions are also applicable to every Agreement with the Party if a third party is involved in the performance.

The Terms & Conditions from the Party are not applicable to the Agreements between the Party and the Company.

If one or more provisions mentioned in these Terms & Conditions are null or voidable, the other provisions still stand..

Any deviation from the Agreement and Terms & Conditions are only applicable if these are in writing and agreed upon by the Company.


Offers

Offers will be done in writing and/or electronically.

Every offer the Company sends is non-committal unless a term is mentioned. When a term is mentioned, the offer will be void after the mentioned term.

The Company cannot be retained on the offer if the Party could know, in reasonableness and fairness, that the offer made or a part of the offer made contains a mistake or typo.

If the Agreement deviates from the offer made, the Company is not obligated to uphold the offer.

Offers don’t apply to offers made in the future.


Agreement

The Agreement will be reached by the acceptance by the Party of the offer of the Company.


End of Agreement

The Company and the Party can always end the Agreement by mutual Agreement unless something else is mentioned in the Agreement.

The Company and the Party can always end the Agreement with a notice of one month unless something else is mentioned in the Agreement.


Adjustments to the Agreement

When, during the performance of the Agreement, it becomes clear that it is necessary that the Agreement needs to be adjusted, the Company will notify the Party as soon as possible. Both parties will consult each other to make the adjustments.  

When both parties agree with the adjustments it is possible that the delivery of service will be affected. The Company will notify the Party of this as soon as possible.

When the adjustments of the Agreement have financial, quantitive, and/or qualitative consequences, the Company will inform the Party before the adjustments are made.

When a fixed fee is agreed upon, the Company will inform the Party if these adjustments have consequences on the price. In that case, the Company will give a new fixed price before the adjustments are made.

The Company can’t invoice the extra costs if the adjustments are the fault of the Company.

Adjustments to the Agreement are valid when both parties signed the new Agreement.


Performance of Agreement

The Company will perform the services mentioned in the Agreement to the best knowledge and ability.

The Company has the right to outsource some services to a third party. Artikel 7:404, 7:407 lid 2 and  7:409 of the Burgerlijk Wetboek are not applicable.

The Company has the right to carry out the Agreement in phases.

When the Agreement is carried out in phases, the Company has the right to send an invoice for each phase. When the invoice is not paid by the Party, the Company doesn’t have to start the next phase. The Company also has the right to suspend the Agreement.

When the Agreement is carried out in phases, the Company has the right to ask for written approval from the Party before the next phase is started.

The Party will send all the data and instructions to the Company before the services mentioned in the Agreement need to be carried out.

When the data and instructions are not given on time, the Company has the right to suspend the Agreement. All extra costs made are going to be invoiced.

When the Party, without communicating beforehand, doesn’t answer the communication of the Company for a period of two weeks or more, the Company has the right to suspend or end the Agreement. This is only possible if the Company tries to communicate with the Party more than once. When the Agreement is ended due to this reason, the Company doesn’t need to restitute the amount paid. All extra costs made are going to be invoiced.


Prices and fees

When the Party is a Consumer all prices and fees mentioned are including VAT.

When the Party is a Business all prices and fees mentioned are excluding VAT.

The prices and fees are excluding travel-, administration-, and delivery costs unless mentioned otherwise in the Agreement.


Adjustment prices and fees

Prices and fees for my services are subject to change.

When the price or fee is changed, the Company will inform the Party as soon as possible.  

We shall not be liable to the Party or to any third-party for any price change of the service.


Remote product and/or service

This provision is only applicable to Consumers.

A product needs to be delivered within 30 days of purchase.

The Party has the right of withdrawal if they let this know within fourteen calendar days. The Party has to return the product within fourteen days after the withdrawal. The Party needs to return the product in the original packaging and in the original state. The delivery costs are for the Party.

The Party has the right to withdrawal the Agreement of remote services within fourteen days.

The right to withdrawal is no longer applicable when the service is rendered.

When the Party has used the right to withdrawal, the Company will refund the amount within fourteen days.

The right to withdrawal is not applicable in the following occurrences:

  • the product and/or service is with Agreement of the Party rendered within fourteen days.

  • the product and/or service can’t be returned.

  • the product and/or service is personalized.


Delivery

After delivery to the Party, the risk of the delivered product and/or service is for the Party.


Terms of delivery

The delivery will take place within the timeframe mentioned by the Company.

The term of delivery will commence when all the information necessary for that delivery is received by the Company.

Terms of services

All services will be performed within the timeframe mentioned by the Company.

The term of service will commence when all the information necessary for that service is received by the Company.


Payment

Payment will be done by bank transfer on the bank account mentioned upon Agreement.

Payment can be before delivery, monthly, and after services rendered.

Monthly payments and payments after services rendered will commence within fourteen days after the invoice date.

The Party has no right to deduct any amount.

The company has the right to invoice services that will be performed in the future.

When the Party has an objection to the amount on the invoice it will not suspend the obligation of payment.

After the fourteen days, the Company has the right to increase the invoice with 2% a month.


Collection costs

When the Party hasn’t paid the invoice within the mentioned term, all the costs the Company has to make, to make sure that the invoice is paid by the Party, will be invoiced to the Party.


Termination

If in the Company’s sole judgment the Party fails, or the Company suspects that the Party has failed, to comply with any term or provision of these Terms & Conditions, the Company also may terminate this Agreement at any time without notice and the Party will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny the Party access to the Company’s service (or any part thereof).

Liability

In no case shall the Company, my directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from the Party’s use of any of the service or any products procured using the service, or for any other claim related in any way to the Party’s use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

The Party will notify the Company of this damage as soon as possible but within ten days.

In the case of damage, the Party is obligated to minimize the damage.


Safeguard

The Party agrees to safeguard, defend and hold harmless Wanderful Assistant and my parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of damage that is impute to the Party.

The Party agrees to indemnify, defend and hold harmless Wanderful Assistant and my parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.


Limitation

All claims towards the Company and the third-party that Company hired in regards of the Agreement will have, notwithstanding the legal limitation, a limitation of one year.


Intellectual property

The Company holds the rights and authorization regarding anything the Company is entitled to regarding the Auteurswet and other intellectual law.

The Company can use the knowledge attained during the Service for other purposes. As long as there is no confidential information leaked to third-parties.

Confidentiality

The Company, as well as the Party, is obligated to confidentiality during the Agreement as well as after the Agreement is ended.


Privacy and cookies

All data and information the Party provides to the Company will be kept careful and confidential.

The Company can only use the personal information of the Party for the Service agreed upon.

By visiting my website the Company can gather information on the Party about the usage of my website through cookies.

The gathered information through cookies can be used for functional and analytical usages.

The Company can’t give, sell, or make public the personal information of the Party.

The Company has the right to offer personal information from the Party when the Company has to oblige to the law or a court ruling. In this case, the Party can’t hold the Company responsible and therefore can’t demand compensation. Also, this can’t be a reason to end the Agreement.


Newsletter

The Party can subscribe to my newsletter.

The Party receives this newsletter by email.

The Party can unsubscribe at any moment in time through the hyperlink at the bottom of the newsletter. The Party can also email the Company with this request.


Adjustments Terms & Conditions

The Company has the right to adjust the Terms & Conditions one-sided.

These adjustments will also apply to the already signed Agreements.

The Company shall inform the Party of these adjustments through email.

The adjustments of the Terms & Conditions shall be in force thirty days after the Party has been informed.

When the Party doesn’t agree with these adjustments, the Party has the right to end the Agreement.

Governing Law

On all legal relationships that the Company is part of, Dutch law will solely apply. Even if the Agreement is totally or in part performed in another country or the Party is a resident of another country.  

United Nation Convention on Contracts of the International Sales of Good does not apply.