TERMS AND CONDITIONS
Welcome to our website.
If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which, together with our privacy policy, govern pushyourpotential.today’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website, products or services.
Definitions
1. Push Your Potential: Push Your Potential, established in Joure, Chamber of Commerce no. 81427255.
2. Customer: the person with whom Push Your Potential has entered into an agreement.
3. Parties: Push Your Potential and customer together.
4. Consumer: a customer who is an individual acting for private purposes.
Applicability
1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Push Your Potential.
2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
Prices
1. All prices used by Push Your Potential are in euros, are exempt 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.
2. Push Your Potential is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
3. The price with regard to services is determined by Push Your Potential on the basis of the actual working hours.
4. The price is calculated according to the usual hourly rates of Push Your Potential, valid for the period in which he carries out the work, unless a different hourly rate has been agreed.
5. If the parties have agreed on a total amount for a service provided by Push Your Potential, this is always a target price, unless the parties have explicitly agreed upon in writing on a fixed price, which cannot be deviated from.
6. Push Your Potential is entitled to deviate up to 10% of the target price.
7. If the target price exceeds 10%, Push Your Potential must let the customer know in due time why a higher price is justified.
8. 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%.
9. Push Your Potential has the right to adjust prices annually.
10. Push Your Potential will communicate price adjustments to the customer prior to the moment the price increase becomes effective.
11. The consumer has the right to terminate the contract with Push Your Potential if he does not agree with the price increase.
Payments and payment term
1. Push Your Potential may, at the conclusion of the agreement, require a down payment of up to 100% of the agreed amount unless agreed othewise.
2. The customer must have paid the full amount within 14 days after delivery of the service.
3. 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 Push Your Potential having to send the customer a reminder or to put him in default.
4. Push Your Potential 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
1. If the customer does not pay within the agreed term, Push Your Potential is entitled to charge an interest of 1% per month from the day the customer is in default, whereby a part of a month is counted for a whole month.
2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Push Your Potential.
3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
4. If the customer does not pay on time, Push Your Potential may suspend its obligations until the customer has met his payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Push Your Potential on the customer are immediately due and payable.
6. If the customer refuses to cooperate with the performance of the agreement by Push Your Potential, he is still obliged to pay the agreed price to Push Your Potential.
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 Push Your Potential with any claim on Push Your Potential.
Delivery
1. Delivery takes place at Push Your Potential unless the parties have agreed upon otherwise.
2. Delivery of products ordered online takes place at the address indicated by the customer.
3. If the agreed price is not paid on time, Push Your Potential has the right to suspend its obligations until the agreed price is fully paid.
4. In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by Push Your Potential.
Delivery period
1. Any delivery period specified by Push Your Potential is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Push Your Potential.
3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Push Your Potential cannot deliver within [number of days late] or if the parties have agreed upon otherwise.
Actual delivery
The customer must ensure that the actual delivery of the products ordered by him can take place in time.
Guarantee
When parties have entered into an agreement with services included, these services only contain best-effort obligations for Push Your Potential, not obligations of results.
Therefore, Push Your Potential is in no way responsible for the outcome or results of anything offered. This is always your own responsibility. If you feel like you need any other specialized help. Please consult with your doctor or other person who can give you the required help.
Performance of the agreement
1. Push Your Potential executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2. Push Your Potential has the right to have the agreed services (partially) performed by third parties.
3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer.
4. It is the responsibility of the customer that Push Your Potential can start the implementation of the agreement on time.
5. If the customer has not ensured that Push Your Potential 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
1. The customer shall make available to Push Your Potential all information, data and documents relevant to the correct execution of the agreement to in time and in the desired format and manner.
2. 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.
3. If and insofar as the customer requests this, Push Your Potential will return the relevant documents.
4. If the customer does not timely and properly provides the information, data or documents reasonably required by Push Your Potential 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 agreement
1. The agreement between Push Your Potential 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.
2. 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 Push Your Potential 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
1. A consumer has the right to terminate an agreement for an indefinite period with due observance of a notice period of 1 month.
Intellectual property
1. Push Your Potential retains all intellectual property rights (including copyright, patent rights, trademark rights, design and design rights, etc.) on all designs, drawings, writings, data carriers or other information, quotations, images, sketches, models, scale models, etc., unless parties have agreed otherwise in writing.
2. The customer may not copy or have copied the intellectual property rights without prior written permission from Push Your Potential, nor show them to third parties and / or make them available or use them in any other way.
Confidentiality
1. The client keeps any information he receives (in whatever form) from Push Your Potential confidential.
2. The same applies to all other information concerning Push Your Potential of which he knows or can reasonably suspect that it is secret or confidential, or of which it can expect that its disclosure may cause damage to Push Your Potential.
3. The customer takes all necessary measures to ensure that he keeps the information referred to in paragraphs 1 and 2 secret.
4. The obligation of secrecy described in this article does not apply to information:
o which was already made public before the customer heard this information or which later became public without being the result of a violation of the customer's duty to confidentiality
o which is made public by the customer due to a legal obligation
5. The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after the end thereof.
Penalties
1. If the customer violates the articles of these general terms and conditions about secrecy or intellectual property, then he forfeits on behalf of Push Your Potential an immediately due and payable fine of € 1000 if the customer is a consumer and € 5000 if the customer is a company, for each violation and in addition an amount of 5% of the aforementioned amount for each day that this violation continues.
2. No actual damage, prior notice of default or legal proceedings are required in forfeiting the fine referred to in the first paragraph of this article.
3. The forfeiture of the fine referred to in the first paragraph of this article shall not affect the other rights of Push Your Potential including its right to claim compensation in addition to the fine.
Indemnity
The customer indemnifies Push Your Potential against all third-party claims that are related to the products and/or services supplied by Push Your Potential.
Complaints
1. The customer must examine a product or service provided by Push Your Potential as soon as possible for possible shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Push Your Potential of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
3. The customer gives a detailed description as possible of the shortcomings, so that Push Your Potential is able to respond adequately.
4. The customer must demonstrate that the complaint relates to an agreement between the parties.
5. If a complaint relates to ongoing work, this can in any case not lead to Push Your Potential being forced to perform other work than has been agreed.
Giving notice
1. The customer must provide any notice of default to Push Your Potential in writing.
2. It is the responsibility of the customer that a notice of default actually reaches Push Your Potential (in time).
3. If the customer can not attend the appointment as was agreed upon, the customer has to give notice 24 hours beforehand upon the appointment. If the customer fails to do so, the customer is obligated to pay the requested amount for the session. Situations of force majeure aside. Appointments can be rescheduled.
Joint and several Client liabilities
If Push Your Potential enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Push Your Potential under that agreement.
Liability of Push Your Potential
1. Push Your Potential is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
2. If Push Your Potential is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
3. Push Your Potential is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
4. If Push Your Potential 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.
5. 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 Push Your Potential 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 of the Dutch Civil Code.
Dissolution
1. The customer has the right to dissolve the agreement if Push Your Potential 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.
2. If the fulfillment of the obligations by Push Your Potential is not permanent or temporarily impossible, dissolution can only take place after Push Your Potential is in default.
3. Push Your Potential 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 Push Your Potential good grounds to fear that the customer will not be able to fulfill his obligations properly.
Force majeure
1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Push Your Potential in the fulfillment of any obligation to the customer cannot be attributed to Push Your Potential in any situation independent of the will of Push Your Potential, 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 Push Your Potential.
2. 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.
3. If a situation of force majeure arises as a result of which Push Your Potential cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Push Your Potential can comply with it.
4. 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.
5. Push Your Potential 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
1. Push Your Potential is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Major changes in content will be discussed by Push Your Potential with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
1. The customer cannot transfer its rights deferring from an agreement with Push Your Potential to third parties without the prior written consent of Push Your Potential .
2. 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
1. 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.
2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Push Your Potential had in mind when drafting the conditions on that issue.
Applicable law and competent court
1. Dutch law is exclusively applicable to all agreements between the parties.
2. The Dutch court in the district where Push Your Potential is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.
Drawn up on 11 January 2021.
