POLICY
Terms and Conditions
Version 1.0 – Date: November 1, 2024
Welcome to BMI Clinic. We are committed to supporting our clients in a safe, effective, and responsible manner in achieving their health and weight goals. To ensure that our services and processes are clear and transparent, we have established these Terms and Conditions.
In these terms, you will find important information about the rights and obligations that apply when using our services, treatments, and products. We recommend that you read them carefully before using our services. By booking a treatment or consultation with us, you agree to these terms.
If you have any questions or comments about these Terms and Conditions, please feel free to contact us; we are here to assist you.
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
- Provider: BIG-registered doctors and pharmacies that provide medical consultations and prescribe medication to the Customer.
- Account: a personal account for the Customer with the Operator.
- Terms and Conditions: these terms and conditions.
- App: an online platform that facilitates medically responsible weight loss through the use of digital technologies, approved medications, and personalized lifestyle guidance.
- Treatment: the treatment of a medical condition, including but not limited to obesity, with a Medicinal Product.
- Consult: a medical consultation based on an online Medical Questionnaire and video consultation.
- Services: The Operator offers services through the Platform and the App, which include providing health information, facilitating Consultations with Doctors, and prescribing Medicinal Products. Additionally, this includes supporting the Customer in the use of the prescribed Medicinal Products.
- Third Party(ies): other natural or legal persons who are not part of this Agreement;
- Operator: BMI Clinic, the company that manages the App and the Platform.
- Medicinal Product: a chemical substance or complex of chemical substances intended to have a pharmacological, immunological, or metabolic effect on the body, either an OTC (over-the-counter) medicinal product or RX (prescription) medicinal product, which the Customer can order through a Prescription via the Platform;
- Content: all content, such as text, information, images, audio, data compilations, and other data available through the Platform and the App.
- Customer: any visitor to the Platform who books a Consultation or places an Order through the App.
- Medical Questionnaire: a questionnaire intended as a medical history form.
- Order: the Customer’s request to book a Consultation in their own name and at their own expense and risk, or the order of a Medicinal Product;
- Agreement: any arrangement/assignment between the Operator and the Customer for the provision of Services by the Operator to the Customer;
- Platform: the website (www.bmi-clinic.com) and the App collectively.
- Privacyverklaring: de privacyverklaring van de Exploitant, te vinden op https://www.bmi-clinic.com/privacyverklaring/.
- Prescription: a prescription from a Doctor for a Medicinal Product.
- Preferred Treatment: the option for the Customer to select a specific Medicinal Product from the range offered by the Operator, based on personal preference or upon the advice of a medical professional;
Article 2 – Identity of the Operator
Operator: BMI Clinic Nederland B.V.
Registratie onder de handelsnamen: BMI Clinic Nederland B.V.
Address: Wilhelminasingel 4, 6524 AK Nijmegen
Chamber of Commerce number: 95243666
Telefoon: 00800-XXX-XXXX (op werkdagen van 10:00 – 21:00 uur CET).
E-mail: info@bmi-clinic.com
BMI Clinic is an online platform that provides medical services and products aimed at weight loss and improving the health and quality of life of individuals with overweight or obesity.
Article 3 – Applicability of Terms and Conditions
- These Terms and Conditions apply to all offers and (legal) actions of the Operator and to any Agreement entered into between the Operator and the Customer.
- Before the Agreement is concluded, the text of these Terms and Conditions will be made available to the Consumer electronically in such a way that it can be easily stored by the Consumer.
- Indien één of meerdere bepalingen in deze Algemene Voorwaarden op enig moment geheel of gedeeltelijk nietig zijn of vernietigd worden, dan blijven de Overeenkomst en deze Algemene Voorwaarden voor het overige in stand en zal de betreffende bepaling in onderling overleg onverwijld vervangen worden door een bepaling die de strekking van het oorspronkelijke zoveel mogelijk benadert.
- Unless expressly agreed otherwise in writing, the applicability of other (general) terms and conditions is excluded.
- Situations not covered by these Terms and Conditions shall be assessed “in the spirit” of these Terms.
- The Operator cannot guarantee that the work performed will always achieve the desired result as intended by the Customer. The agreement is therefore an obligation of effort and explicitly does not constitute an obligation of result.
- The Operator is entitled to engage Third Parties for the execution of the Agreement.
- Deviations from and additions to these Terms and Conditions are only valid if agreed upon in writing between the Operator and the Customer.
- The offer contains a complete and accurate description of the services offered. The description is sufficiently detailed to allow the Customer to make an informed assessment of the offer. Obvious mistakes or errors, such as incorrect amounts displayed, do not bind the Operator.
Article 4 – Description of Services
- The Operator has an App and Platform, through which Services are provided to the Customer. The Platform offers information on lifestyle and health issues and the possible Treatment of these. The Operator facilitates a Consultation between the Customer and a Doctor.
- The Operator coordinates the scheduling of the Consultation based on the availability of the Doctor. The Consultation is provided directly by the Doctor to the Customer via the Operator’s Platform, based on the information from the Medical Questionnaire. The Doctor operates completely independently, and their medical judgment is in no way influenced by the Operator. The Consultation is primarily focused on the medical assessment by the Doctor and not solely on obtaining a prescription for a Medicinal Product.
- The Operator coordinates the scheduling of the Consultation based on the availability of the Doctor. The Consultation is provided directly by the Doctor to the Customer via the Operator’s Platform, based on the information from the Medical Questionnaire. The Doctor operates completely independently, and their medical judgment is in no way influenced by the Operator. The Consultation is primarily focused on the medical assessment by the Doctor and not solely on obtaining a prescription for a Medicinal Product
Article 5 – The Agreement
- The Agreement is concluded at the moment the Customer accepts the offer and fulfills any conditions that may be attached thereto.
- If any provision of these Terms and Conditions or an Agreement is found to be void or is annulled, this shall not affect the validity of the remainder of the Terms and Conditions or Agreement. The parties shall consult with each other in order to agree upon a new provision to replace the void or annulled provision, taking into account the purpose and intent of the original provision as far as possible.
- The Operator reserves the right not to perform an Agreement, for example, if it has reasonable doubts or information that the Customer will not be able to meet their (financial) obligations. If the Operator refuses, it shall notify the Customer in writing of this refusal within a reasonable time after the conclusion of the Agreement.
- These Terms and Conditions also apply to future, additional, and/or follow-up assignments.
- Agreed delivery deadlines are always indicative. The deadlines for delivery are not strict deadlines. Exceeding a deadline does not entitle the Customer to compensation.
Article 6 – Platform and Content
- The information provided by the Operator is of a general informational nature and is not a substitute for professional medical advice (including evaluation or care by a medical specialist). Nothing on the Platform should be used for diagnosing or treating a medical condition, nor should it replace the relationship with the (personal) doctor or other medical specialist. The health information provided by or on behalf of the Operator does not constitute professional medical advice. The Customer should consult other sources to verify the information provided and seek the advice of their own doctor or other medical specialist regarding their symptoms or medical condition. In serious cases, the Customer will immediately seek medical (emergency) assistance and will never disregard or delay seeking medical advice based on something they read on the Platform. The use of the information provided on the Platform is entirely at the Customer’s own risk.
- The Content should not be interpreted in any way as promotional or endorsing. All information on the Platform is purely informational and is in no way intended to promote Medicinal Products or encourage their use.
- The Operator makes every effort to ensure that the Content is accurate and complete, but unfortunately cannot guarantee this. The Operator is not liable for any such unintentional errors or omissions.
- All images, specifications, and data regarding the Medicinal Products and/or Services on the Operator’s website and/or Platform are indicative and cannot be grounds for compensation or termination of the Agreement.
- Obvious mistakes or errors regarding the Services, Consultation, or Medicinal Products – including pricing errors – do not bind the Operator, the Doctor, and/or the Prescription forwarding service.
Article 7 – Customer Obligations
- The Customer shall ensure that all data, documents, and information, which the Operator indicates are necessary for the performance of the Agreement or which the Customer reasonably should understand to be necessary for the performance of the Agreement, are provided to the Operator in a timely, complete, truthful, and correct form. The Operator is not obligated to verify the accuracy of the provided data or documents. Any deficiencies in this regard, or related to this, are entirely at the Customer’s expense and risk. All costs incurred or to be incurred by the Operator due to incorrect information, the late or failure to provide the necessary information, and/or incomplete and/or incorrect documents provided by the Customer will be charged to the Customer.
- The Customer is obliged to promptly inform the Operator of any facts and circumstances that may be relevant to the performance of the Agreement.
- If the Customer fails to comply with these obligations, the Operator reserves the right, in addition to any sanctions mentioned in this article, to terminate the Agreement immediately and demand payment from the Customer for the hours already worked, costs already incurred, and/or investments already made, without the Customer being entitled to compensation or otherwise.
- If the Customer has created an Account, a password is required to access their data. The Customer is fully responsible for:
a. keeping their password confidential;
b. any costs, damages, or losses resulting from the failure to keep their password confidential; and
c. promptly notifying the Operator in writing if their Account needs to be deactivated due to security issues. - The Operator shall never be liable to Customers for any damage related to the theft of their password, the disclosure of their password, or their consent to grant a Third Party access to and use of their Account using their password. Each Customer shall immediately notify the Operator of any unauthorized use of their password and/or Account.
Article 8 – Medical Questionnaires and Consultation
- The Medical Questionnaires have been carefully compiled and comply with medical-ethical guidelines.
The Medical Questionnaire includes the following sections:
a. Section 1: Basic Information (name, reason for weight loss, gender, age, BMI).
b. Section 2: Health Information (medical history, pregnancy, email).
c. Section 3: Medication Use (blood thinners, current weight loss medication, medication check via LSP). - If the Customer is unwilling or unable to complete the Medical Questionnaire, no Consultation can take place.
- If the Customer does not consent to the medication check via the National Switch Point (LSP), the Customer will not be able to order Medicinal Products.
- The completion of the Medical Questionnaire may only be done on a personal basis and for personal use, unless the Customer has received consent from a Third Party to act on behalf of that Third Party, and the Operator has received this consent in writing from the Third Party.
- Each Customer shall inform their own doctor about the Consultation and the prescribed Medicinal Products. The Operator will provide a letter to the Customer, which can be presented to the doctor.
- Through the Medical Questionnaire, in which the Customer answers questions about their height, weight, health, and medication use, the Operator or Doctor can assess whether the Customer qualifies for the Medicinal Products. After completing the questionnaire online, the Operator’s Doctor will review the answers. If the Operator believes the Customer is eligible for the Medicinal Products, the Customer can schedule a Consultation with the Doctor via the Platform. If the Customer still qualifies after this Consultation, they can proceed with placing an Order and downloading the App. Through the App, the Customer gains access to all functions and support necessary throughout the Agreement.
Article 9 – Account
- In order to use the Services, the Customer must create an Account.
- An Account is strictly personal and may only be used by the Customer themselves and for their own benefit.
- The use of false, incorrect, and/or incomplete names, addresses, email addresses, bank details, social security numbers (BSN), or other customer information is prohibited.
- Only one Account may be created per Customer.
- The Operator may, in certain cases, verify or confirm the Customer’s contact details or identity. The Customer will be notified of this in writing.
- By creating an Account, the Customer establishes a secure online electronic patient record in which the history of Orders is stored in accordance with the Privacy Policy.
- The Customer’s right to use the Platform will be immediately terminated without further notice if the Terms and Conditions are violated or not fully complied with by the Customer, at the sole discretion of the Operator. In such cases, the Customer’s Account will also be blocked. If the Customer has already placed an order at the time of termination, the use of the ordered Medicinal Products will be entirely the Customer’s own responsibility.
- An Account will be deleted (“deactivated”) by the Operator if it has not been accessed for a period of 3 years, or 3 years after the Customer’s last Order through the Operator. Upon the deletion of an Account, any credits associated with it will automatically expire by operation of law.
Article 10 – Preferred Treatment
- During the Consultation, the Client has the opportunity to suggest a Preferred Treatment. Although this preference will be communicated by the Operator to the Physician, the Operator has no influence over the conduct of the Consultation, the evaluation of the Medical Questionnaire, the decision to prescribe a prescription, or the Physician’s choice to prescribe the Preferred Treatment.
- If a Physician determines, based on the assessment of the Medical Questionnaire, that the Client is eligible for the Preferred Treatment specified by them, the Physician may prescribe a Prescription for certain Medications. The Physician is under no obligation to prescribe the requested Preferred Treatment – or Medications in general. Furthermore, the Physician may prescribe a quantity, dosage, or type of Medication that deviates from the specified Preferred Treatment.
- The requested Preferred Treatment or the Treatment prescribed by the Physician may be subject to limitations regarding frequency and/or quantity. It is solely at the discretion of the Physician or the dispensing pharmacy to make decisions in this regard.
- A Physician must determine whether the Preferred Treatment can be prescribed to the Client without risk. Therefore, it is essential that the Client completes the Medical Questionnaire truthfully, accurately, and thoroughly. The omission of relevant information may result in the prescription of Medications that could be harmful to the Client’s health.
Article 11 – Order
- An Account is required to place an Order.
- The Client may only place an Order if the Client:
a. Is legally competent to place the Order.
b. Is at least 18 years old.
c. Is aware that it is their own responsibility to determine whether it is legally permitted in the country where they reside to use the Operator’s Services and receive a Consultation.
d. Will use any prescribed Medications solely for their own personal use.
e. Has access to the Platform and the Medical Questionnaire in a language that they understand, and will consult with their regular healthcare provider if they are provided with advice or information on the Platform, or if they do not fully understand any questions in the Medical Questionnaire. - The Operator is fully entitled to accept or reject an Order at its discretion and reserves the right to cancel an Order, without giving rise to any right to compensation for the Client.
- The Medical Doctor and the Prescription Forwarding Service have the right to refuse, modify, or cancel an Order at any time, without further explanation and without giving rise to any right to compensation for the Client.
Article 12 – Prices
- The total cost of an Order consists of the cost of the Medication, the Operator’s service fee, and, if applicable, shipping costs, handling fees, VAT, the Consultation, use of the App, and any additional Services if agreed upon in writing by the Parties.
- Discounts and quoted amounts do not automatically apply to future and/or subsequent Agreements.
Article 13 – Payment and Price Changes
- The prices displayed on the Platform are stated in the currency of the country to which the country extension applies. If no currency is specified or if any uncertainty arises regarding this, the prices displayed shall be deemed to be in euros.
- All payments must be made through the Platform via Stripe or Klarna.
- If the Client fails to meet their payment obligation(s) on time, the Operator will notify the Client of the late payment and grant the Client a period of 14 days to fulfill their payment obligations. If payment is not made within this period, the Client will be in default. As a result, the Client will also be liable for the statutory (commercial) interest on the outstanding amount. Additionally, the Operator is entitled to charge the Client for any extrajudicial collection costs incurred.
- In the event of (reasonable prospect of) bankruptcy, liquidation, suspension of payments, or debt restructuring under the Dutch Debt Restructuring (WSNP) scheme, the Operator’s claims against the Client and the Client’s obligations towards the Operator shall become immediately due and payable.
- Payments made by the Client shall first be applied to settle any accrued interest and costs, and secondly to outstanding invoices that are the longest overdue, even if the Client indicates that the payment relates to a later invoice.
- By providing invoice and payment details, the Client declares that they are authorized to use such information.
- The Operator reserves the right to change the prices for Services listed on the Platform.
- The Operator reserves the right to change the prices of Medications due to changes in the cost price.
Article 14 – Delivery
- The stated delivery times are approximate and based on availability and standard delivery times.
- The delivery will be made via the Lairesse Hospital Pharmacy.
- The transport will be provided by the AMP Group.
- The Operator is not directly involved in the physical delivery of the Medications. The Operator accepts no liability for damage caused by delay, loss, theft, or any other form of damage to the Medications during or as a result of the transport organized by the AMP Group, unless expressly agreed otherwise in writing with the Client.
Article 15 – Cancellation and Return
- An Order for a Medication cannot be cancelled.
- A Consultation can be cancelled or rescheduled up to 24 hours in advance. If a Consultation is cancelled within this period, the costs will be charged to the Client.
Article 16 – Right of Withdrawal
- The Client may withdraw from the distance contract or a contract concluded outside the sales premises without providing any reasons within a period of 14 days. This period begins on the day the contract is concluded. This right of withdrawal expires when the performance of the Service (either a Consultation or the placement of an Order) has begun, with the Consumer’s consent, before the end of the 14-day reflection period, or if the performance of the Service has been completed, with the Consumer’s consent, before the end of the 14-day reflection period.
- Om het herroepingsrecht uit te oefenen, dient de Klant de Exploitant door middel van een ondubbelzinnige en Schriftelijke verklaring op de hoogte te stellen van de beslissing de Overeenkomst te herroepen, welke verklaring binnen de herroepingstermijn aan de Exploitant verzonden dient te worden. De Klant kan hiervoor gebruikmaken van de volgende model tekst:
a. “Ik deel u hierbij mede dat ik de overeenkomst, geplaatst op [datum] herroep.
Naam consument:
Adres consument:
Opdrachtnummer:
Ik realiseer mij dat ik van mijn herroepingsrecht geen gebruik meer kan maken, indien de dienst reeds volledig is uitgevoerd. Het moment van ontvangst van de herroeping door de Exploitant is hierbij bepalend.” - In the event of a valid withdrawal, the Client will receive a full refund for the Service as soon as possible and no later than 14 days after the Client has notified their intention to exercise the right of withdrawal. The refund will be made using the same payment method as the Client used, unless the Parties have agreed in writing to an alternative payment method.
- The Prescription that may be issued by the Medical Doctor is tailored to the Client’s personal (medical) situation and needs. The right of withdrawal is also excluded for this Prescription.
Article 17 – Indemnification and Liability
- The content of the Platform is intended solely as general information and is not intended as diagnostic and/or therapeutic advice and/or as a substitute for medical advice. The Operator is not responsible for the effectiveness of prescribed Medications, the content of package inserts, informational texts, descriptions of treatment methods, or other descriptions on the Platform, nor can any guarantees be provided for these. The Operator does not provide legal and/or medical advice, nor does the Operator offer medical and/or diagnostic services. If the Client relies on information obtained on or through the Platform, they do so at their own risk.
- The Client should be aware that there are limitations associated with Consultations or other Services that do not involve a physical examination, face-to-face advice, or extensive on-site investigations.
- Neither the Operator nor any of its owners, managers, directors, employees, representatives, partners, advertisers, or affiliates are responsible for any inaccurate, incomplete, or misleading information on the Platform or through other channels, whether from Third Parties or otherwise.
Article 18 – Liability
- The Operator’s total liability is limited to compensation for damages up to a maximum amount equal to the fee agreed for that Agreement (excluding VAT). In no event shall the total compensation for damages exceed the amount payable under the Operator’s liability insurance.
- The Operator’s liability is not limited for damages resulting from intent or gross negligence on the part of the Operator.
- A condition for the creation of any right to compensation is that the Client must notify the Operator in writing of the damage as soon as possible after it occurs. Any claim for compensation against the Operator shall expire solely by the passage of 12 (twelve) months from the occurrence of the claim.
The Operator is not liable for damage caused by assistants as referred to in Article 6:76 of the Dutch Civil Code. - The Operator is not liable for any damage of any kind arising from:
- The Operator has relied on incorrect and/or incomplete information provided by the Client or if the Client has provided this information late.
- The Operator is not liable for any damage suffered by the Client as a result of failing to fulfill the obligations set forth in Article 7 – ‘Obligations of the Client’.
Article 19 – Exclusion of Medical Liability
- All Medical Doctors accessible through the Operator’s Platform, who conduct Consultations and prescribe Medications via Prescriptions, operate as independent contractors and not as agents or employees of the Operator. Therefore, the Operator is not liable for any medical advice, diagnoses, treatments, or any other medical Services provided by the Medical Doctor.
- Clients of the Platform acknowledge and agree that the Operator cannot under any circumstances be held responsible or liable for any medical acts or omissions by Medical Doctors accessible through the Platform, including but not limited to any damage or injury arising from or in connection with medical advice.
- Clients agree to indemnify the Operator and its officers, directors, employees, and agents from any liability, loss, damage (both direct and indirect), and costs, including reasonable legal fees, arising from claims or actions resulting from the medical Services provided by medical professionals through the Platform.
Article 20 – Force Majeure
- In addition to the provisions of Article 6:75 of the Dutch Civil Code, it is understood that a failure by the Operator to fulfill any obligation towards the Client cannot be attributed to the Operator in the event of a circumstance beyond the Operator’s control, which prevents the performance of its obligations towards the Client in whole or in part, or makes it unreasonable to demand performance of its obligations. Such circumstances include, but are not limited to, non-performance by suppliers or other Third Parties, (power) outages, computer viruses, extreme weather conditions, fire hazards, (threat of) war, pandemics, epidemics, quarantines, illness-related absenteeism, disability, strikes, government measures, and the malfunction of vehicles and equipment required for the transportation of Medications.
- If a situation as referred to in paragraph 1 of this article occurs, preventing the Operator from fulfilling its obligations towards the Client, those obligations shall be suspended for as long as the Operator is unable to meet them. If the force majeure situation lasts for 30 (thirty) calendar days, both Parties have the right to terminate the Agreement in whole or in part in writing. In such case, the Operator shall not be liable for any damages, even if the Operator benefits in any way as a result of the force majeure situation.
- If the Agreement is terminated due to force majeure, as referred to in this article, the Operator shall be entitled to payment for the hours worked or investments made up to the time of termination of the Agreement.
Article 21 – Use of Your Data
- The Operator collects and uses the Client’s data to perform the Agreement. Medical data will only be shared with Medical Doctors and/or the Prescription Forwarding Service with the Client’s consent.
- All personal data will be processed and/or used in accordance with applicable laws, as set out in the Operator’s Privacy Policy.
Article 22 – Viruses, Hacking, and Digital Security
- The Client may not misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs, or any other material that is malicious or technologically harmful. Additionally, unauthorized access to the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform is prohibited. A violation of this provision is a criminal offense, and the Operator will report such violations to the relevant law enforcement authorities and cooperate with these authorities by disclosing the Client’s identity. In the event of such a violation, the Client’s right to use the Platform will immediately terminate, and the Account will be blocked.
Article 23 – Intellectual Property Rights
- All intellectual property rights relating to the App, Services, and/or the results of the Agreement performed by the Operator are held by the Operator. The Client is granted only the non-exclusive and non-transferable rights of use explicitly granted under these terms and conditions and by law. Any other or further rights of the Client are excluded.
- Content that is downloaded or printed may not be modified in any way and must retain all copyright and proprietary notices contained in such Content. Any form of framing of the Platform is prohibited. Unauthorized or improper use of any Content constitutes an infringement of copyright. Copyright infringement is considered a criminal offense and will be pursued both civilly and criminally under the provisions of national and international copyright law.
- All content within the App, including but not limited to text, images, videos, and software, is the property of the Operator and may not be used or reproduced without permission.
- The materials provided by the Operator to the Client are intended solely for the Client’s use. The Client is not permitted to disclose and/or reproduce the obtained information in any form. This includes, but is not limited to, editing, selling, making available, distributing, and integrating the information—whether or not after modification—into networks, unless such disclosure and/or reproduction is expressly permitted in writing by the Operator and/or such disclosure and/or reproduction arises from the nature of the Agreement with the Operator.
- The Client indemnifies the Operator against claims from Third Parties regarding intellectual property rights.
- If the Client acts in violation of this article, the Client shall be liable to pay an immediately due penalty equal to three times (3x) the amount agreed for that Agreement, without prejudice to the Operator’s right to claim (additional) compensation for damages.
Article 24 – Complaints
- The Client can no longer rely on a defect in performance if they have not protested to the Operator within 2 (two) months after discovering the defect or after they reasonably should have discovered it. In the case of a visible defect at delivery (or completion), a period of 48 (forty-eight) hours applies.
- The Client must give the Operator at least 4 (four) weeks to resolve the complaint through mutual consultation.
- If a complaint is not reported to the Operator within the timeframes specified in the preceding sections, the Service will be deemed to conform to the Agreement and to function in accordance with the Agreement.
Article 25 – Assignment
- The financial rights and obligations of the Client under this Agreement may not be transferred to a Third Party without the prior written consent of the Operator. This provision shall have the effect of a provision with proprietary effect as referred to in Article 3:83(2) of the Dutch Civil Code.
- The rights and obligations of the Operator under this Agreement may be transferred to Third Parties.
Article 26 – Confidentiality
- The Client is obliged to maintain the confidentiality of all confidential information obtained from the Operator in the context of the Agreement. Information is considered confidential if this has been communicated by the Operator or if it reasonably follows from the nature of the information.
- If the Client breaches paragraph 1 of this provision, the Client shall, regardless of whether the breach can be attributed to the Client and without prior notice of default or legal proceedings, owe the Operator an immediately payable penalty of 20,000 (twenty thousand) euros for each violation, without the need for any form of damage, without prejudice to the Operator’s other rights, including its right to claim compensation in addition to the penalty.
Article 27 – Amendment of Terms and Conditions
- The Operator reserves the right to make changes to the Terms and Conditions at any time without prior notice. Each modified version of the Terms and Conditions will be published immediately on the Platform, and the changes will take effect immediately upon publication. It is the sole responsibility of the Client to ensure they are aware of (the content of) the most recent version of the Terms and Conditions. The Client agrees that this procedure for notifying changes to the Terms and Conditions is reasonable.
- The Client has the option to reject the modification of the Terms and Conditions or to terminate the Agreement, which will result in the Client losing all access to the Platform and being unable to place any further Orders.
- If the modification referred to in the previous paragraph is based on a valid reason mentioned in the Agreement, the Client does not have the right to refuse the modification or terminate the Agreement. An example of a valid reason is a change in legislation that requires the Terms to be amended.
- Use of the Platform by the Client after a modification of the Terms and Conditions constitutes the Client’s acceptance of the amended version.
Article 28 – Competent Court and Applicable Law
- Dutch law exclusively applies to Agreements between the Operator and the Client.
- The Vienna Convention on Contracts for the International Sale of Goods is expressly not applicable.
- Disputes between the Parties shall, as far as possible, be resolved through mutual consultation. All disputes between the Client and the Operator shall be exclusively settled by the competent court in the district where the Operator is located.
Article 29 – Survival
- The provisions of these Terms and Conditions and the Agreement that are intended to remain in effect after the termination of the Agreement shall continue to be in full force and effect following the termination of the Agreement.