Phone

+31 73 208 9120

Email

info@marvaloushealth.com

Opening hours

Mo - Fr: 9:00 - 17:00

Terms and Conditions

Marvalous Health Brain Training & Coaching provides Trainings both in person and on video online, workshops and presentations at its own and external locations. Please find below the Terms and Conditions. These always apply when you use the services of Marvalous Health.

Last modified on: December 2, 2023

Article 1 | Definitions

1.1 General Terms and Conditions: The present general terms and conditions.

1.2 Marvalous Health, established at Bruistensingel 200, 5232 AD in ‘s-Hertogenbosch and registered with the Chamber of Commerce under number 551.63.551, also to be found at www.marvaloushealth.com.

1.3 Consumer: the Client not acting in the exercise of a profession or business.

1.4 Service(s): services as described in the Agreement.

1.5 Products: all products as described in the Agreement.

1.6 Intellectual Property Rights: rights (of intellectual property) including but not limited to copyright (including of course the copyright on software), database rights, domain names, trade name rights, trademark rights, design rights, neighboring rights, patent rights, as well as rights to know-how.

1.7 Quotation: a written offer from Marvalous Health.

1.8 Client: the natural or legal person, whether or not acting in the exercise of a profession or business, who has entered into an Agreement with Marvalous Health.

1.9 Completion: takes place after approval by Client, after commissioning by Client or by notification by Client, after which no response to this has been received from Client within 7 days after notification.

1.10 Agreement: The agreement between Parties under which Marvalous Health provides its Services and Products to Client, and of which the General Terms and Conditions form an inseparable part.

1.11 Party(ies): Marvalous Health and Client together or separately.

1.12 Confidential Information: non-public information related to a Party and information which a Party indicates is confidential, or which, by its nature or under the circumstances under which disclosure occurs, should be treated as confidential.

1.13 Employee: The person employed by one of the Parties, or who performs work for the relevant Party on an assignment basis.

1.14 Business Customer: the Client acting in the course of a profession or business.

Article 2 | Applicability and interpretation

2.1 The General Terms and Conditions apply to and form part of every (legal) act related to the preparation, realization or execution of the Agreement. The General Terms and Conditions also apply to all subsequent Agreements between Client and Marvalous Health, if Client has accepted their validity in previous Agreements with Marvalous Health.

2.2 The applicability of any purchasing or other terms and conditions of Client is expressly excluded.

2.3 Provisions or conditions set by Client that deviate from, or do not appear in the General Terms and Conditions are only applicable to the Agreement insofar as Parties agree to this in writing.

2.4 In the event that specific product, promotional or service conditions apply in addition to these General Terms and Conditions, those conditions also apply, but in the event of conflicting conditions, Consumer may always rely on the applicable provision that is most favorable to it.

Article 3 | Establishment of the Agreement

3.1 All Quotes and other offers by Marvalous Health are without obligation and valid for the duration of 14 days.

3.2 The Agreement is established at the moment of acceptance by the Client of Marvalous Health’s Quotation and fulfilment of the conditions set by Marvalous Health. If Consumer has accepted the offer electronically, Marvalous Health will immediately confirm receipt of acceptance of the offer electronically. Until receipt of this acceptance is confirmed, Consumer has the option to dissolve the Agreement.

3.3 An offer is in any case assumed to be accepted if the Agreement is executed without contradiction. The offer can be accepted both orally and in writing.

Article 4 | Execution of the Agreement

4.1 Marvalous Health shall commence performance after the formation of the Agreement, on the date or time as agreed in the Agreement. If no date of fulfillment has been agreed upon, Marvalous Health will immediately start the fulfillment of the Agreement.

4.2 If delivery cannot be made within the agreed period, Marvalous Health shall notify Client. Business Customer is deemed to agree to a new delivery date. Consumer will be given the opportunity to dissolve the Agreement free of charge.

4.3 Client acknowledges that it has no instructional authority with respect to the Products or Services to be delivered by Marvalous Health for the purpose of executing the Agreement.

4.4 Client is obliged to do and omit all that is reasonably necessary and desirable to enable timely and correct execution of the assignment. In particular, the Client shall ensure that all data, which Marvalous Health indicates are necessary or which the Client should reasonably understand are necessary for the execution of the assignment, are provided to Marvalous Health in a timely manner.

4.5 If and insofar as proper execution of the Agreement requires it, Marvalous Health has the right to engage third parties in the execution of the Agreement. The General Terms and Conditions also apply to the work performed by third parties in the context of the Agreement. These third parties have no power of representation.

4.6 Marvalous Health is not bound to have work performed by third parties appointed by Client. Client is liable for goods for the execution of the Agreement that are prescribed by or on behalf of Client, or are or would be delivered by a supplier designated by Client, as well as for the non-delivery or late delivery thereof.

Article 5 | Duration and end of the Agreement

5.1 The duration of the Agreement shall be fixed in the Agreement. If no duration is included, the Agreement is entered into for an indefinite period of time until revocation.

5.2 Consumer may terminate the Agreement at any time with a notice period of one month. If there is a term of up to one year, this possibility only exists after the end of the term of the Agreement.

5.3 Business Customer may terminate the Agreement prematurely, subject to a notice period of 1 month.

5.4 In case of termination, Client will have to pay the full amount, less the savings for Marvalous Health resulting from the termination. Marvalous Health will then deliver the work already completed. If the price is contingent on the actual costs to be incurred by Marvalous Health, the price owed by the Client shall be calculated on the basis of the costs incurred, the labor performed and the profit Marvalous Health would have made over the entire work. The amounts remain due after termination of the Agreement and are immediately due and payable from the day of termination.

5.5 Marvalous Health may suspend or terminate the Agreement at any time if:

  • Client is declared bankrupt;
  • Client has been granted suspension of payments;
  • Business Customer’s company is dissolved or liquidated.

5.6 Obligations which by their nature are intended to continue beyond the end of the Agreement shall continue in full force and effect after the end of the Agreement and shall apply to Client and its legal successors.

Article 6 | Pricing and Payment terms

6.1 Client shall pay Marvalous Health the amount as stated in the Agreement. All prices quoted by Marvalous Health are in euros. In some cases, a deposit is required. The down payment amount will be included in the Agreement.

6.2 All prices quoted by Marvalous Health include sales tax (VAT) and other levies imposed by the government, unless otherwise stated.

6.3 Each invoice is subject to a payment term of 14 days, unless otherwise stated.

6.4 If a price is based on information provided by the client and this information turns out to be incorrect, Marvalous Health has the right to adjust the price accordingly, even after the Agreement has been concluded. After this adjustment, Consumer has the right to terminate the Agreement.

6.5 If the Client fails to meet his payment obligation(s) in a timely manner, he will be notified of the late payment by Marvalous Health. After notification of the non-timely payment, Marvalous Health will grant Client a period of 14 days to still fulfill his payment obligations.

6.6 In case of non-timely payment, in addition to the amount due and the statutory interest accrued thereon, Client shall be liable for full compensation of both extrajudicial and judicial collection costs, including the costs for lawyers, jurists, bailiffs and collection agencies.

6.7 Marvalous Health can, within legal frameworks, find out whether Client can meet his payment obligations, but also of all facts and factors that are important for a responsible conclusion of the Agreement. If on the basis of this investigation Marvalous Health has good grounds not to enter into the Agreement, it has the right to refuse an order or application, giving reasons, or to attach special conditions to the execution, such as prepayment..

Article 7 | Client Obligations

7.1 Client shall ensure that all (technical) information, decisions and data which in its opinion are necessary in the execution of the Agreement are provided to Marvalous Health in a timely manner. Client is responsible for the accuracy and completeness thereof. This includes, but is not limited to, compliance with permit applications and other legal requirements.

7.2 If necessary for the execution of the Agreement, the Client shall ensure timely availability of and free access to the site, building and/or location where the work is to be performed. Client will ensure that Marvalous Health can make use of suitable storage space and any necessary (utility) facilities, such as electricity, (drinking) water, gas, compressed air, telecom or sewerage connection, free of charge.

7.3 Client shall ensure clean, safe and healthy working conditions and is obliged to timely warn Marvalous Health and its Employees of dangerous situations.

7.4 Client is responsible for conditions that prevent or hinder the execution of the work.

Article 8 | Additional work

8.1 All changes in the performance of the Agreement, whether at the request of the Client or as a result of the fact that a different performance is necessary due to any circumstances, shall be considered as additional work when additional costs are involved. Additional work is subject to these General Terms and Conditions.

8.2 If additional work has been performed at the request or with the consent of the Client, the additional work will be reimbursed by the Client. Marvalous Health may refuse to comply with such a request or enter into negotiations.

8.3 Client accepts that additional work may cause delays in the Delivery of Products and Services, even if a time of Delivery has been agreed upon. Client is not entitled to compensation for this delay.

8.4 If (the demand for) additional work arises during the performance of the Agreement, this does not create any ground for termination or dissolution of the Agreement for the Client.

8.5 Cost-increasing circumstances not attributable to Marvalous Health will be settled as additional work. Marvalous Health will notify Client of this as soon as possible. In that case, Consumer has the option to terminate the Agreement.

Article 9 | Delivery and delivery time

9.1 Delivery dates stated by Marvalous Health are indicative and do not count as deadlines, unless the Parties have agreed to this in writing.

9.2 Marvalous Health retains ownership of all Products until Client has fulfilled all of its payment obligations to Marvalous Health, which includes amounts due as a result of a shortcoming.

Article 10 | Warranty

10.1 Marvalous Health guarantees that delivered Services and (resulting) Products or results comply with the Agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of realization of the Agreement.

10.2 Client can claim this guarantee if the defect is noticed within 3 months after Completion and immediately after discovery of the defect the complaint is reported and the complaint is considered founded by Marvalous Health. Marvalous Health will provide a suitable solution in the form of repair or compensation of a maximum of the amount paid by Client for the part of the Agreement in question.

10.3 A warranty provided by Marvalous Health, manufacturer or importer does not detract from the legal rights and claims Client has under the Agreement.

10.4 The guarantee lapses if it appears that Client did not follow Marvalous Health’s advice, or did not comply with the instructions for use.

Article 11 | Intellectual Property

11.1 The Intellectual Property Rights, including all images, drawings, (technical) descriptions and advice which Marvalous Health provides to Client, are vested in Marvalous Health.

11.2 Client will not perform any actions that may infringe on the Intellectual Property Rights of Marvalous Health and/or its licensors, including but not limited to the full or partial disclosure and/or reproduction of the items mentioned in the previous paragraph without permission. Client acknowledges and accepts that any unauthorized use or conduct violates the Agreement and applicable law.

Article 12 | Confidentiality

12.1 The Parties will treat information which they provide to each other before, during or after the performance of the Agreement as confidential if this information can reasonably be considered confidential, or if it has been explicitly designated as such by one of the Parties. The Parties shall also impose this obligation on their Employees as well as third parties engaged by them for the performance of the Agreement.

12.2 The obligation of confidentiality will continue to exist even after termination of the Agreement for whatever reason, and for as long as the Party providing the information can reasonably claim that the information is confidential.

12.3 If the provisions of this Article are violated, the Client forfeits an immediately payable fine of € 5,000.00 without prejudice to the right to any damages..

Article 13 | Liability

13.1 The limitations of liability under this Agreement shall apply except if and to the extent that the damage is the result of Marvalous Health’s intentional or deliberate recklessness.

13.2 Marvalous Health will endeavor to perform the Agreement as carefully and safely as possible. Marvalous Health cannot influence the eventual use of the delivered product. Client is therefore responsible for the use of the result of the Agreement.

13.3 Completion of the Agreement releases Marvalous Health from all liability for defects that the Client had already discovered, or reasonably should have discovered, at the time of Completion.

13.4 The total liability of Marvalous Health for direct damage suffered by Client as a result of an attributable shortcoming in the fulfilment of this Agreement, or as a result of a wrongful act by Marvalous Health, its Employees or third parties engaged by it, is limited per event or a series of related events to an amount equal to the price stipulated in the Agreement (including VAT), with a maximum of € 5,000.00.

13.5 Direct damage is exclusively understood to mean: the reasonable costs incurred to establish the cause and extent of the damage, any reasonable costs incurred to have Marvalous Health’s faulty performance comply with the Agreement and reasonable costs incurred to prevent or limit damage, insofar as Client demonstrates that these costs have led to limitation of direct damage.

13.6 Marvalous Health’s liability to Client for indirect damage or consequential damage or damage due to loss of turnover or profit, damage due to delay, damage due to loss of data, damage due to exceeding deadlines as a result of changed circumstances, damage as a result of providing faulty cooperation, information or materials by Client and damage due to information or advice given by Marvalous Health, the content of which is not explicitly part of the Agreement, is excluded.

13.7 Condition for the occurrence of any right to compensation is always that Client reports the damage in writing to Marvalous Health within a reasonable period, but in any case within two (2) months after its occurrence..

13.8 Marvalous Health’s liability with regard to attributable shortcomings in the fulfillment of the Agreement only arises if the Client gives Marvalous Health immediate and proper notice of default in writing, setting a reasonable period to remedy the shortcoming, and Marvalous Health remains attributably in default in the fulfillment of its obligations even after that period. The notice of default must contain as detailed a description of the shortcoming as possible, so that Marvalous Health is able to respond adequately.

13.9 Client indemnifies Marvalous Health for all claims by third parties (including clients of Client), regarding compensation for damages, costs or interest, related to this Agreement and/or the Service.

13.10 Marvalous Health cannot be held to fulfill any obligation under the Agreement if Marvalous Health is prevented from fulfilling it as a result of force majeure. Marvalous Health is not liable for any damages resulting from force majeure.

13.11 Force majeure includes, but is not limited to: public infrastructure failures, defectiveness of items, equipment or software or other source material whose use was prescribed by the Client, unavailability of Employees, government measures, general transport problems, strikes, wars, terrorist attacks and domestic disturbances.

13.12 If a force majeure situation lasts longer than 90 days, the Parties have the right to dissolve the Agreement in writing. What has already been performed under the Agreement shall in that case be settled proportionately, without the Parties remaining indebted to each other for the remainder.

Article 14 | Changes of Terms and Conditions

14.1 Marvalous Health reserves the right to amend or supplement these General Terms and Conditions. Amendments shall also apply with respect to Agreements already concluded, subject to a period of 30 days after the announcement of the amendment.

14.2 Changes will be announced via www/marvaloushealth.com, by email to Client, or any other channel that Marvalous Health can prove was sent to Client. Non-substantive changes of minor importance may be made at any time and do not require notice.

14.3 If a Consumer does not wish to accept a change, Consumer must notify Marvalous Health within 30 days of notice. Marvalous Health may then reconsider the change. If Marvalous Health does not withdraw the change, Consumer may terminate the Agreement by this date until the date the new terms become effective.

Article 15 | Closing remarks

15.1 Dutch law applies to the Agreement.

15.2 Unless otherwise prescribed by rules of mandatory law, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in the district where Marvalous Health has its registered office.

15.3 In these General Terms and Conditions “in writing” is also understood to mean communication by e-mail, provided that the identity of the sender and the integrity of the e-mail have been sufficiently established.

15.4 If any provision in the Agreement or General Terms appears to be null and void, this does not affect the validity of the entire Agreement or General Terms. Parties will in that case determine (a) new provision(s) to replace it, with which the intention of the original provision is given shape as much as is legally possible.

15.5 Marvalous Health is entitled to transfer its rights and obligations arising from the Agreement to a third party who takes over Marvalous Health or Marvalous Health’s business activities.

Contact information

Name: Marvalous Health, Marc van Lokven

Address: Bruistensingel 200, 5232 AD ‘s-Hertogenbosch, Netherlands

E-mail: info@marvaloushealth.com

Phone: +31 73 208 9120