These are our terms and conditions. If you have any questions, please do not hesitate to contact us at info@universeforyou.nl
We have the right to amend and/or supplement these general terms and conditions at any time. You agree that the latest version of these terms and conditions will always apply to our agreement.
Article 01
: Definitions
Article 02
: Applicability
Article 03
: The offer
Article 04
: The Agreement
Article 05
: Right of withdrawal and its exercise
Article 06
: Obligations of the customer during the cooling-off period
Article 07
: The Price
Article 08
: Delivery and implementation
Article 09
: Termination of Agreement
Article 10
: Payment and collection costs
Article 11
: Change order and additional work
Article 12
: Complaint Resolution
Article 13
: Intellectual property
Article 14
: Liability
Article 15
: Force Majeure
Article 16
: Nullity, disputes and applicable law
Article 1. Definitions
Terms and Conditions: These general terms and conditions of Universe for you.
Universe for you: the legal entity offering products, (access to) digital content and/or services -remote- to the customers. Also the user of these general terms and conditions and registered in the trade register under number 78323797 located in (5233 XD) Den Bosch at Derde Donk 29.
Customer: the person who purchases a service or product from Universe for you in the capacity as an entrepreneur or natural person.
Remote Agreement: an agreement concluded between Universe for you and the customer within the framework of an organized system for distance selling of products, digital content and/or services, which, up to and including the conclusion of the agreement, exclusively also makes use of one or more techniques for distance communication.
Day: calendar day.
Digital content: data produced and delivered in digital form.
Contract for an indefinite period of time: a contract for the regular supply of goods, services and/or digital content for a specified period of time.
Durable data medium: any tool – including e-mail – that enables the customer or Universe for you to store information addressed to him personally in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information.
Reflection period: the period within which the customer can exercise his right of withdrawal.
Right of withdrawal: the customer’s option to waive the distance contract within the cooling-off period.
Website: www.universeforyou.nl
Article 2. Applicability
These General Terms and Conditions apply to any offer made by Universe for you and to any distance contract concluded between Universe for you and the customer, unless these General Terms and Conditions have been expressly deviated from by the parties in writing.
By signing an offer, order confirmation or agreement with Universe for you, a confirmation via email, message or through any other channel or by means of (payment of) a purchase, the Customer declares that she has taken note of these terms and conditions and that she agrees with them.
Before the agreement is concluded -at a distance-, the text of these general terms and conditions will be made available to the customer.
Any general terms and conditions of customers and/or third parties do not apply to the agreement between the customer and Universe for you. The customer expressly waives his own general terms and conditions.
If a situation arises between the parties that is not regulated in these general terms and conditions or if there is ambiguity regarding the interpretation of one or more provisions, then action should be taken “in the spirit” of these provisions.
Article 3. The offer
All offers made by Universe for you on the website are without obligation, unless otherwise agreed in writing. The customer ultimately chooses to purchase a service.
If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer, on the website and/or in the quotation.
Any offers specifically prepared and sent to a (prospective) client are non-binding and valid for 14 days from receipt, unless otherwise agreed in writing. These quotations are based on the information given by a (prospective) customer.
Each offer contains such information that it is clear to the customer what the rights and obligations are, which are attached to the acceptance of the offer.
An offer and/or quotation applies only to the specific order or service and does not guarantee the same price in future offers and/or orders.
The customer must provide various (personal) data if an offer is agreed to. This data is processed in accordance with the applicable privacy statement on the Universe for you website. Universe for you may assume that the information provided is correct.
Obvious mistakes or errors in the offer bind Universe for you
Article 4. The agreement
The agreement is established when the customer shows his agreement with the order by (written) acceptance of the quotation, payment of the full amount or by placing an order through the web shop.
Universe for you shall always perform the Agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
If the customer has accepted the offer electronically, Universe for you shall immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by Universe for you, the customer can dissolve the contract free of charge.
Universe for you can inform itself – within legal frameworks – whether the customer can meet its payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If Universe for you has good grounds not to enter into the contract on the basis of this investigation, it is entitled to refuse an order or application or to attach special conditions to the execution, giving its reasons.
In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.
The Customer shall notify Universe for you of any changes in personal data, company data and/or other information.
Article 5. Right of withdrawal and its exercise
The customer can dissolve an agreement during a 14-day cooling-off period without giving reasons.
The cooling-off period mentioned in the preceding paragraph starts on the day after the customer has ordered the service. If the customer has ordered a product then the term will start on the day the product is delivered to the customer or a designated third party.
Universe for you may ask the customer for the reason for revocation, but the customer is not obliged to give his reason(s).
The risk and burden of proof for the correct and timely implementation of the right of withdrawal for products lies with the customer.
The customer bears the direct cost of returning the product.
Universe for you will use the same means of payment as the customer used for reimbursement, unless the customer agrees to another method.
If the customer cancels later than 14 days, Universe for you is not bound in refund. However, the customer can move the date of a service for six (6) months in order to still use the services of universe for you.
Article 6. Obligations of the customer during the reflection period
During the reflection period, the customer will handle the product and packaging with care. The customer shall unpack or use the product only to the extent necessary to determine the nature, characteristics and operation of the product. The customer may only handle and inspect the product as he would in a store.
The customer is liable for depreciation of the product resulting from handling the product beyond what is permitted. Universe for you will inform the customer about this as well as what amount will be charged for this.
Article 7. The prize
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, Universe for you may offer products or services whose prices are subject to fluctuations in the financial market and over which Universe for you has no control, with variable prices. This bond to fluctuations and the fact that any prices quoted are target prices are stated with the offer.
The prices mentioned in the offer of products or services include VAT.
All prices mentioned in the offer of products or services are subject to printing and spelling errors. No liability is accepted for consequences of printing and spelling errors. In case of printing or spelling errors, Universe for you is not obliged to deliver the product according to the incorrect price.
Notwithstanding this article, Universe for you may index the agreed prices each year.
Article 8. Delivery and execution
Universe for you will take the greatest possible care in receiving and executing orders for products and in assessing requests for the provision of services.
Universe for you guarantees that the products comply with the agreement, the specifications stated in the offer and with reasonable requirements of soundness and/or usability.
The place of delivery is the address that the customer has made known to Universe for you.
Universe for you will carry out the assignment to the best of its knowledge and ability and is entitled to engage third parties. It can never be held liable for lack of results.
The risk of damage and/or loss of products rests with Universe for you until the moment of delivery to the customer or a representative designated in advance and made known to Universe for you, unless expressly agreed otherwise.
Article 9. Termination of agreement
The customer may terminate an agreement that has been entered into for an indefinite or definite period and that extends to the regular delivery of products or services at any time, subject to agreed termination rules and a notice period not exceeding one month.
If a contract has a duration of more than one year, after one year the customer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Universe for you is entitled at any time, without giving any reason and without observing a notice period, to terminate all or part of the Agreement. In case of cancellation by Universe for you, the Customer shall owe a maximum of the fee up to the time of cancellation.
Article 10. Payment and collection costs
Unless otherwise provided in the agreement, the amounts owed by the customer must be paid within 14 days of the conclusion of the agreement. Objections must be reported within this period, however, this does not suspend the Customer’s payment obligation.
The customer has a duty to promptly report inaccuracies in payment information provided or stated to Universe for you. If inaccuracies are not reported in a timely manner, any risks are for the customer.
If Universe for you owes an amount to a customer for any reason, it has the right to offset this amount against an outstanding invoice. The customer does not have this right and she can never set off (part of) the invoice.
If the customer does not meet its payment obligation(s) on time, it shall, after being notified by Universe for you of the late payment and Universe for you has given the customer a period of 14 days to still meet its payment obligation(s), owe statutory interest on the amount still due and Universe for you is entitled to charge the extrajudicial collection costs it has incurred. Collection costs are calculated as follows where the minimum collection costs are €40:
15% on the first €2,500;
10% on the portion remaining after that, up to €5,000;
5% on the portion remaining after that, up to €10,000;
1% on the portion remaining after that, up to €200,000;
0.5% on the remaining portion, with total collection costs not exceeding €6,775.
Universe for you’s entire claim against the customer is immediately due and payable if:
Customer is declared bankrupt, is in receivership or enters debt restructuring.
Customer’s business is dissolved or liquidated.
Customer is placed under guardianship or receivership or dies.
Article 11. Change of assignment and additional work
The customer may make a change or modification within 7 days of acceptance of the order. These changes will be processed free of charge within this time period.
Amendments to the contract originally concluded between the Customer and Universe for you are only valid from the moment these amendments are accepted in writing by both parties.
If during the assignment it appears that for proper execution it is necessary to change or supplement the content of the assignment, the parties will do so by mutual agreement.
Universe for you may increase or decrease the agreed price in the event of changes. Universe for you will (if possible) quote a price for this in advance. A change in the order may also change the specified period of performance. The customer accepts the possibility of modification of the order, price and execution period.
Universe for you may refuse a request to change the client’s order if this may affect the work in qualitative or quantitative terms.
Article 12. Complaint Resolution
Complaints about the performance of the contract must be submitted in writing and fully and clearly described to Universe for you within 14 days after the customer discovers the defects.
Complaints do not give the right to suspend or offset payments. Nor can the customer thereby stipulate a discount, compensation or rescission of the contract.
Complaints submitted to Universe for you will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Universe for you will respond within the 14-day period with a notice of receipt and an indication of when the customer can expect a more detailed response.
In any case, Universe for you has 30 days to respond to the complaint.
Article 13. Intellectual property
Universe for you retains all intellectual rights including copyrights to the created offers, documents, images, drawings, software, domain names, creations and related information. This applies even if fees have been charged for this, the aforementioned have been compiled by third parties or if improvements have been made later.
Upon entering into the agreement, the customer acquires a limited, personal, non-exclusive license to use copyrighted works created for the performance of Universe for you services. This license will be valid only if the customer meets his financial obligations and as long as the agreement is concluded. In addition, this right may not be transferred to third parties, and any agreement may derogate from this article in writing to create an unlimited license.
It is not permitted to reproduce or make available to third parties the website or any part thereof without the prior written consent of Universe for you.
Anything supplied by Universe for you remains the property of Universe for you until the customer has fulfilled all its obligations in full.
If Universe for you wishes to exercise its property rights, the customer unconditionally and irrevocably authorizes Universe for you to enter all places where the property is located so that Universe for you can take it back.
Any violation of this article constitutes an infringement of Universe for you’s rights. Universe for you is entitled in such a case to invoice the damage suffered with a minimum of € 350, – to the one who commits an infringement.
Article 14. Liability
If a client wishes to hold Universe for you liable, this liability is limited to what is regulated in this provision.
Any right of the customer to hold Universe for you liable and claim damages shall in any case expire 12 months after the event from which the liability arises.
Universe for you is only liable for direct damage of the customer, which is directly and exclusively the result of a (serious) shortcoming or intent on the part of Universe for you. Universe for you can never be held liable for consequential damages.
Universe for you is not liable for damage caused by relying on incorrect or incomplete data provided by the customer, for direct or indirect damage caused by third parties, lost profits, loss of business data, for collateral damage resulting from the course, training and/or workshop or for damage resulting from any inaccuracies in the system, website or app.
The Customer shall indemnify Universe for you against any claims from third parties, who suffer damage in connection with the execution of the agreement and which is attributable to the Customer. Therefore, third parties cannot hold Universe for you liable.
If Universe for you has been found liable and it has acknowledged such liability then any liability is limited to:
the amount paid out by Universe for you’s liability insurance minus the deductible.
If liability insurance does not pay out, limited to once the invoice amount.
Article 15. Force majeure
Universe for you does not have to fulfill its obligations if it is hindered by circumstances that are not due to its fault.
Force majeure means -in addition to what is understood by law and jurisprudence- all external causes, foreseen or unforeseen, over which Universe for you has no control and which prevent it from fulfilling its obligations.
Any illness or disability is also included here. However, efforts will be made to reach an appropriate solution in this case.
Article 16. Nullity, disputes and applicable law
If any part of these terms and conditions is void or voidable, it does not change the validity of the rest of the terms and conditions. The void or nullified part shall be replaced by a provision that follows as closely as possible the content of the void provision.
Third parties cannot derive any rights from agreements made between Universe for you and the Customer.
All agreements, services, offers and order quotations are governed by Dutch law.
Any disputes should first be settled by mutual agreement. If this fails after utmost efforts, a dispute can be submitted to the competent court in the Netherlands.
