Terms & Conditions

General Terms and Conditions of Your Journey

Email: [email protected]

Website: www.yourjourney.today

Your Journey: Your Journey, located in Rijswijk with Chamber of Commerce number 83936629.
Client: The party with whom Your Journey has entered into an agreement.
Parties: Your Journey and client together.
Consumer: A client who is also an individual acting as a private person.

APPLICABILITY OF GENERAL TERMS AND CONDITIONS

These conditions apply to all quotes, offers, work, orders, agreements, and deliveries of services or products by or on behalf of Your Journey.
Parties can only deviate from these conditions if they have expressly agreed in writing.
The parties explicitly exclude the applicability of additional and/or deviating general terms and conditions of the client or third parties.

PRICES

All prices used by Your Journey are in euros, inclusive of VAT, and exclusive of any other costs such as administrative fees, levies, and travel, shipping, or transportation costs, unless explicitly stated otherwise or agreed upon differently.
Your Journey reserves the right to change any of its prices for its services or products at any time.
Parties agree on a total amount as the guiding price for the services provided by Your Journey unless expressly and in writing agreed on a fixed price that cannot be deviated from.
Your Journey is entitled to deviate up to 10% from the guiding price.
If the guiding price is more than 10% higher, Your Journey must let the client know why a higher price is justified.
If the guiding price exceeds more than 10%, the client has the right to cancel the part of the order that exceeds the original estimate plus 10%.
Your Journey has the right to adjust prices annually.
Your Journey will inform the client of any price adjustments before their implementation.
The consumer has the right to terminate the agreement with Your Journey if they do not agree with the price increase.

PAYMENTS AND PAYMENT TERMS

Products are paid for immediately, unless the parties have agreed otherwise, or if the invoice specifies a different payment term.
Payment terms are considered as fatal payment terms. This means that if the client has not paid the agreed amount by the last day of the payment term, they are in default by law, without Your Journey needing to send the client a reminder or put them in default.
Your Journey reserves the right to require immediate payment or a guarantee for the full amount of the service.

CONSEQUENCES OF LATE PAYMENT

If the client does not pay within the agreed term, Your Journey is entitled to charge the statutory interest of 2% per month for non-commercial transactions from the day the client is in default, with a part of a month being counted as a whole month.
When the client is in default, they are also due extrajudicial collection costs and possible damages to Your Journey.
The collection costs are calculated based on the Decision on compensation for extrajudicial collection costs.
If the client does not pay on time, Your Journey may suspend its obligations until the client has met their payment obligation.
In the event of liquidation, bankruptcy, seizure, or suspension of payment on the part of the client, Your Journey’s claims on the client are immediately due and payable.
If the client refuses to cooperate with the execution of the agreement by Your Journey, they are still obliged to pay the agreed price to Your Journey.

RIGHT OF COMPLAINT

As soon as the client is in default, Your Journey is entitled to invoke the right of complaint concerning the unpaid products delivered to the client.
Your Journey invokes the right of complaint by means of a written or electronic communication.
As soon as the client is informed of the invoked right of complaint, they must immediately return the products to which this right relates to Your Journey, unless the parties agree otherwise.
The costs for taking back or shipping the products are at the expense of the client.

RIGHT OF WITHDRAWAL

A consumer can dissolve an online purchase during a reflection period of 14 days without giving any reason, provided that:
- the product has not been used
- it is not a product that can deteriorate quickly, like food or flowers
- it is not a product that was custom-made or adjusted for the consumer
- it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
- the seal is still intact if it concerns data carriers with digital content (DVDs, CDs, etc.)
- the product or service does not involve lodging, travel, restaurant business, transport, catering assignment, or leisure activities
- it is not a loose magazine or newspaper
- it does not concern an (order for) emergency repair
- it does not concern betting and/or lotteries
- the consumer has not waived their right of withdrawal
- it is not a service that is fully performed within the 14-day reflection period with the consent of the client, where the client has expressly declared to waive the right of withdrawal
The reflection period of 14 days as mentioned in paragraph 1 starts:
- the day after the consumer has received the last product or part of 1 order
- as soon as the consumer has concluded the service delivery agreement
- as soon as the consumer has confirmed that they will receive digital content via the internet
The consumer can make his appeal to the right of withdrawal known via [email protected], if desired with the help of the withdrawal form that can be downloaded via the website of Your Journey, www.yourjourney.today.
The consumer is obliged to return the product to Your Journey within 14 days after making his right of withdrawal known, failing which his right of withdrawal lapses.

REFUND OF DELIVERY COSTS

If the consumer has timely made use of his right of withdrawal and has consequently returned the entire order to Your Journey in time, Your Journey will refund any shipping costs paid by the consumer within 14 days after receiving the timely and fully returned order.
The costs for delivery are only at the expense of Your Journey if the entire order is returned.

REFUND OF RETURN COSTS

If the consumer invokes his right of withdrawal and returns the entire order in time, then the costs for returning the entire order are at the expense of the consumer.

SUSPENSION RIGHT

Unless the client is a consumer, the client waives the right to suspend the fulfillment of any obligation arising from this agreement.

RETENTION RIGHT

Your Journey may invoke its right of retention and in that case, hold products belonging to the client until the client has paid all outstanding invoices with regard to Your Journey, unless the client has provided sufficient security for those costs.
The right of retention also applies based on previous agreements from which the client still owes payments to Your Journey.
Your Journey is never liable for any damage that the client may suffer as a result of using its right of retention.

SET-OFF

Unless the client is a consumer, the client waives his right to offset a debt to Your Journey with a claim on Your Journey.

RETENTION OF TITLE

Your Journey remains the owner of all delivered products until the client has fully met all his payment obligations with regard to Your Journey under whatever agreement with Your Journey including claims regarding the failure to perform.
Until that time, Your Journey can invoke its retention of title and take back the goods.
Before ownership has transferred to the client, the client may not pledge, sell, dispose of, or otherwise encumber the products.
If Your Journey invokes its retention of title, the agreement is dissolved and Your Journey has the right to claim compensation, lost profits, and interest.

DELIVERY

Delivery takes place while stocks last.
Delivery takes place at Your Journey unless the parties have agreed otherwise.
Delivery of online ordered products takes place at the address specified by the client.
If the agreed sums are not paid or not paid on time, Your Journey has the right to suspend its obligations until the agreed part is still paid.
In the case of late payment, there is a creditor’s default, with the consequence that the client can no longer hold a late delivery against Your Journey.

DELIVERY TIME

Delivery times specified by Your Journey are indicative and do not give the client the right to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
The delivery period starts when the client has completed the (electronic) ordering process and has received an (electronic) confirmation from Your Journey.
Exceeding the specified delivery time does not entitle the client to compensation, nor does it give them the right to terminate the agreement, unless Your Journey cannot deliver within 14 days after being writtenly summoned or if the parties have agreed otherwise.

ACTUAL DELIVERY

The client must ensure that the actual delivery of the products ordered by him can take place in time.

TRANSPORT COSTS

Transport costs are at the expense of the client, unless the parties have agreed otherwise.

PACKAGING AND SHIPPING

If the packaging of a delivered product is opened or damaged, then the client must, before receiving the product, have the forwarder or courier make a note of this, failing which Your Journey cannot be held liable for any damage.
If the client arranges the transport of a product himself, he must report any visible damage to products or packaging to Your Journey before the transport, failing which Your Journey cannot be held liable

for any damage.

INSURANCE

The client is obliged to sufficiently insure and keep insured the following items against, among other things, fire, explosion, and water damage as well as theft:
- goods necessary for the execution of the underlying agreement
- goods belonging to Your Journey that are present with the client
- goods delivered under retention of title
The client shall show the policy of these insurances to Your Journey upon first request.

STORAGE

If the client takes ordered products at a later date than the agreed delivery date, the risk of any quality loss is entirely for the client.
Any additional costs as a result of premature or late acquisition of products are entirely for the account of the client.

WARRANTY

When parties have entered into an agreement with a service nature, it contains only an effort obligation for Your Journey and therefore no obligation to achieve a certain result.
The warranty concerning products applies only to defects caused by faulty manufacture, construction, or material.
The warranty does not apply in case of normal wear and tear and damage resulting from accidents, modifications made to the product, negligence or improper use by the client, or when the cause of the defect cannot be clearly determined.
The risk of loss, damage, or theft of the products that are the subject of an agreement between parties passes to the client at the moment they are legally and/or factually delivered, at least come into the power of the client or a third party who receives the product on behalf of the client.

EXECUTION OF THE AGREEMENT

Your Journey executes the agreement to the best of its insight and ability and in accordance with the requirements of good craftsmanship.
Your Journey has the right to have the agreed service (partially) performed by third parties.
The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the client.
It is the responsibility of the client that Your Journey can start on time with the execution of the agreement.
If the client has not ensured that Your Journey can begin the execution of the agreement on time, the resulting additional costs and/or extra hours are for the account of the client.

PROVISION OF INFORMATION BY THE CLIENT

The client makes all information, data, and documents relevant to the correct execution of the agreement available to Your Journey in a timely manner and in the desired form and manner.
The client guarantees the accuracy, completeness, and reliability of the information, data, and documents provided, even if they come from third parties, as far as the nature of the agreement does not dictate otherwise.
If and insofar as the client requests this, Your Journey returns the relevant documents.
If the client does not, does not timely, or does not properly provide the information, data, or documents reasonably desired by Your Journey and the execution of the agreement is delayed as a result, the resulting additional costs and extra hours are for the account of the client.

DURATION OF THE AGREEMENT CONCERNING A SERVICE

The agreement between Your Journey and the client concerning a service or services is entered into for the duration of 5 months, unless the nature of the agreement dictates otherwise or the parties have expressly agreed otherwise in writing.
After the expiry of the term mentioned in paragraph 1 of this article, the agreement is tacitly converted into an agreement for an indefinite period, unless one of the parties terminates the agreement with a notice period of months, or a consumer terminates the agreement with a notice period of 1 (one) month, whereby the agreement ends by operation of law.
If parties have agreed on a term for the completion of certain activities within the duration of the agreement, this is never a fatal term. In the event of an exceeded term, the client must place Your Journey in default in writing.

TERMINATION OF AGREEMENT FOR A SERVICE OF A CERTAIN PERIOD

The client or consumer cannot terminate an agreement for a service entered into for a certain period earlier than after 1 (one) year.
After the expiry of the minimum duration of 1 (one) year, the aforementioned agreement can be terminated by the client with a notice period of 3 months.
After the expiry of the minimum duration of 1 (one) year, the aforementioned agreement can be terminated by a consumer with a notice period of 1 (one) month.
If the agreement concerning a service is entered into for less than 1 (one) year, then the agreement is not terminable in the meantime.

INTELLECTUAL PROPERTY

Your Journey retains all intellectual property rights (including copyright, patent rights, trademark rights, designs, and model rights, etc.) on all designs, drawings, writings, carriers of data or other information, quotations, images, sketches, models, maquettes, etc., unless the parties have agreed otherwise in writing.
The client may not copy, show to third parties, or make available or use these intellectual property rights without the prior written consent of Your Journey.

CONFIDENTIALITY

The client keeps any information he receives (in whatever form) from Your Journey confidential.
The same applies to all other information concerning Your Journey that the client knows or can reasonably suspect is secret or confidential, or he can expect that its dissemination can harm Your Journey.
The client takes all necessary measures to also ensure that he keeps the information mentioned in paragraph 1 and 2 confidential.
The confidentiality obligation described in this article does not apply to information:
- that was already public before the client learned this information or which later became public without being the result of a breach of the client’s confidentiality obligation
- that is made public by the client because of a legal duty
The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after its termination.

PENALTY CLAUSE

If the other party violates the article of these general terms and conditions about confidentiality or intellectual property, then he forfeits an immediately payable fine for each violation to the trade name.
- if the other party is a consumer, this fine is € 1,000
- if the other party is a legal entity, this fine is € 5,000
In addition, the other party forfeits a sum of 5% of the amount mentioned in paragraph 1 for each day that the violation continues.
There is no need for prior default notice or judicial proceedings for the forfeiture of this fine. Nor does there have to be any form of damage.
The forfeiture of the fine referred to in the first paragraph of this article does not affect the other rights of Your Journey, including its right to demand compensation in addition to the fine.

INDEMNIFICATION

The client indemnifies Your Journey against all claims by third parties related to the products and/or services delivered by Your Journey.

COMPLAINTS

The client must inspect a product or service provided by Your Journey as soon as possible for any shortcomings.
If a delivered product or service does not comply with what the client could reasonably expect from the agreement, the client must inform Your Journey thereof as soon as possible, but in any case within 1 month after the detection of the shortcomings.
Consumers must inform Your Journey at the latest within 2 months after detecting the shortcomings.
The client provides a detailed description as possible of the shortcomings, so that Your Journey is able to respond adequately.
The client needs to demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this can in no case lead to Your Journey being required to perform other work than agreed.

NOTICE OF DEFAULT

The client must make notices of default to Your Journey in writing.
It is the responsibility of the client that a notice of default actually reaches Your Journey in a timely manner.

JOINT AND SEVERAL LIABILITY OF THE CLIENT

If Your Journey enters into an agreement with several clients, each of them is jointly and severally liable for the full amounts they owe to Your Journey on the basis of that agreement.

LIABILITY OF YOUR JOURNEY

Your Journey is only liable for any damage the client suffers if and to the extent that this damage is caused by intent or deliberate recklessness.
If Your Journey is liable for any damage, it is only liable for direct damages that result from or are related to the execution of an agreement.
Your Journey is never liable for indirect damages, such as consequential loss, lost profit, missed savings, or damage to third parties.
If Your Journey is liable, this liability is limited to the amount paid by a closed (professional) liability insurance policy and in the absence of (full) payment by an insurance company of the amount of the damage, the liability is limited to the (part of the) invoice amount to which the liability relates.
All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and can not be a reason for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

EXPIRATION TERM

Any right of the client to compensation from Your Journey shall in any case expire 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.

RIGHT OF DISSOLUTION

The client has the right to dissolve the agreement if Your Journey imputably fails in the fulfillment of its obligations unless this shortcoming, given its special nature or minor significance, does not justify the dissolution.
If the performance of the obligations by Your Journey is not permanently

or temporarily impossible, then dissolution can only take place after Your Journey is in default.

Your Journey has the right to dissolve the agreement with the client if the client does not fully or timely fulfill his obligations under the agreement, or if Your Journey has become aware of circumstances that give it good ground to fear that the client will not properly fulfill his obligations.

FORCE MAJEURE

In addition to what is stated in article 6:75 of the Dutch Civil Code, a failure of Your Journey to fulfill any obligation to the client cannot be attributed to Your Journey in any situation independent of Your Journey’s will, which prevents the fulfillment of its obligations to the client in whole or in part, or because of which the fulfillment of its obligations cannot reasonably be expected of Your Journey.
The situations referred to in paragraph 1 also include – but are not limited to – a state of emergency (such as civil war, uprising, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen, or other third parties; unexpected electricity, internet, computer, and telecom disruptions; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions, and work interruptions.
If a force majeure situation occurs as a result of which Your Journey cannot fulfill one or more obligations towards the client, those obligations will be suspended until Your Journey can meet them.
From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing wholly or partially.
In a force majeure situation, Your Journey is not obliged to pay any compensation, even if it enjoys any advantage as a result of the force majeure situation.

AMENDMENT OF THE AGREEMENT

If after the conclusion of the agreement for its execution, it is necessary to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
The previous paragraph does not apply to products that have been purchased in a physical store.

AMENDMENT OF GENERAL TERMS AND CONDITIONS

Your Journey is entitled to amend or supplement these general terms and conditions.
Changes of minor importance can be made at any time.
Major substantive changes will be discussed as much as possible in advance with the client.
Consumers are entitled to terminate the agreement in the event of a substantial change to the general terms and conditions.

TRANSFER OF RIGHTS

Rights of the client from an agreement between parties cannot be transferred to third parties without the prior written consent of Your Journey.
This provision serves as a clause with property law effect as meant in Article 3:83, second paragraph, of the Dutch Civil Code.

CONSEQUENCES OF NULLITY OR ANNULLABILITY

If one or more provisions of these general terms and conditions prove to be null or annulable, this does not affect the other provisions of these terms and conditions.
A provision that is null or annulable is, in that case, replaced by a provision that comes closest to what Your Journey had in mind when drafting the conditions on that point.

APPLICABLE LAW AND COMPETENT COURT

Only Dutch law applies to every agreement between parties.
The Dutch court in the district where Your Journey is established/practices/holds office has exclusive jurisdiction to hear any disputes between parties, unless the law prescribes otherwise mandatorily.

Prepared on October 21, 2022.