GENERAL TERMS AND CONDITIONS OF DER WAL SPORT & SWIMMING ACADEMY,
established in the municipality of Teylingen and with offices at 2172 TG Sassenheim, Gladiolenstraat 9 b, registered in
the trade register of the Chamber of Commerce under number 56425066, hereinafter referred to as Van der Wal.
Article 1 – Definitions
In these General Terms and Conditions of Delivery, terms capitalized have the following meaning:
General Terms and Conditions: the present General Terms and Conditions of Delivery.
Make-up lesson(s): the right to make up a correctly and timely cancelled lesson at another time. Lesson(s): all forms of training. Lesson time: the moment at which the lesson takes place. Location: the place where the lesson takes place. Participant: the person for whom the Client has entered into the Agreement and who will thus participate in the lessons . Long-term Agreement: Agreement in which the Parties undertake to perform continuous, recurring, or successive services at successive times. Quotation: the making of a (Written) offer. Order Confirmation: Written confirmation of the Quotation by Van der Wal. Client: Client is understood to mean any party that (jointly) gives the Order for services, advice, or the submission of a Quotation. Agreement or Order: Agreement or Order is understood to mean the commitment that Van der Wal enters into with its Client(s). Parties: Van der Wal and Client(s) between whom a (Long-term) Agreement has been concluded. Personal account: the account that is active on the Client's personal internet page. Ride Card: a personal card, with a maximum validity period of 9 weeks, which entitles the Client to use the agreed number of Lessons for the Lessons provided by Van der Wal. In writing: "In writing" also includes communication by e-mail, fax, or any other method of communication that, in view of the state of technology and prevailing social norms, can be considered equivalent thereto. Activities: all Activities for which an Order has been placed, or which are performed by Van der Wal for other reasons, directly related to the Agreement or Quotation. Lateral Entrant: if previous swimming lessons or diplomas have been taken or obtained at another organization, the person is considered a Lateral Entrant.
Article 2 – Applicability
2.1. These General Terms and Conditions apply to any and all negotiations, Quotations,
Order Confirmations, Agreements, Activities, or other legal relationships, and at every Location where
Van der Wal provides lessons, to which Van der Wal has declared these terms applicable, insofar as
these terms have not been expressly and in writing deviated from by the Parties.
2.2. The Client's acceptance and retention, without comment, of an offer, Quotation,
Order Confirmation, or Agreement in which reference is made to these General Terms and Conditions, shall be deemed as
consent to the application of these General Terms and Conditions in their entirety.
2.3. Any General Terms and Conditions or other terms of the Client are not valid.
Their applicability is expressly rejected by Van der Wal.
2.4. Only if agreed in writing in the Agreement may
, exclusively with regard to an individually determined Assignment, without affecting or otherwise rendering inoperative
the other terms
.
2.5. If one or more provisions in these General Terms and Conditions
are at any time wholly or partially void or annulled, the Agreement shall otherwise remain in force. The clause in question shall
be replaced without delay, in consultation between Van der Wal and the Client, by a clause that
approximates the intent of the original clause as closely as possible.
2.6. Ambiguities regarding the interpretation or content of one or more provisions of the General Terms and Conditions, or
situations not provided for in these General Terms and Conditions, shall be interpreted 'in the spirit'
of these General Terms and Conditions.
2.7. If Van der Wal does not always demand strict compliance with these General Terms and Conditions, this does
not mean that the provisions of these General Terms and Conditions are not applicable, or that Van der Wal
would in any way lose the right to demand strict compliance with the provisions of these
General Terms and Conditions in other cases.
2.8. Van der Wal has the right to unilaterally amend or supplement these General Terms and Conditions. These
amendments shall also apply to Agreements in force at the time of the amendments. Changes will be
notified to the Client by email and will take effect 30 (thirty) days after notification.
Article 3 – Quotations 3.1. All offers made by Van der Wal are without obligation. 3.2. Acceptances of offers or Orders in any form whatsoever (written, fax, mail, verbal or otherwise) by the Client are irrevocable for the Client. 3.3. Van der Wal has the right to refuse an Order without giving reasons. 3.4. Acceptances, whether or not in the form of an Order Confirmation on the part of the Client, which contain substantial additions, limitations or other modifications, shall be considered a new offer and a rejection of the original offer. 3.5. If the Client accepts an offer, Van der Wal reserves the right to revoke the offer within 2 working days after acceptance. 3.6. Inaccuracies in Van der Wal's order confirmation must be reported to Van der Wal in writing within three (3) days after the date of confirmation , failing which the order confirmation shall be deemed to accurately and completely reflect the Agreement and the Client shall be bound thereto. 3.7. The price calculation and conditions of the offer are valid for a period of fourteen (14) days after the offer date. 3.8. Any new price calculation and conditions of the offer provided by Van der Wal shall replace the previous ones. 3.9. A composite price calculation does not oblige Van der Wal to perform a part of what is stated in the offer against a corresponding part of the stated price. 3.10. The offers are based on the information known to Van der Wal at the time of the offer and on any data provided by the Client with the request. 3.11. If the person signing the Quotation, Order Confirmation or Agreement acts on behalf of one or more other persons, he is, without prejudice to the liability of those other persons, responsible and liable towards Van der Wal as if he were the Client himself.
Article 4 – Agreement
4.1. The Agreement between Van der Wal and the Client is for an indefinite period, unless the nature of the
Agreement implies otherwise or if the Parties have expressly agreed otherwise in writing.
4.2. The duration of the Assignment may be influenced not only by effort but also by various factors, such as the commitment of
the person receiving the lessons and the cooperation provided. Consequently, Van der Wal cannot
indicate in advance exactly how long the lead time for executing the Assignment will be.
4.3. If a deadline has been agreed upon or specified for the execution of certain Activities, this is
never a firm deadline. Exceeding the delivery deadline does not entitle the Client to compensation.
4.4. The Lesson is given in a group setting, depending on the type of Lesson.
4.5. Specifications of the Activities to be delivered are provided in good faith.
4.6. Van der Wal is entitled to suspend the performance of the Agreement without judicial intervention
if the Client fails to comply, or fails to comply in a timely manner, with any obligation under the Agreement and the
provisions and General Terms and Conditions associated with the Agreement. Suspension as referred to above
shall never entitle the Client to compensation for damages.
4.7. If the Client wishes to dissolve the Agreement without any breach of contract by Van der
Wal and Van der Wal agrees thereto, the Agreement shall be terminated by mutual consent. In that case, Van
der Wal shall be entitled to compensation for all financial loss, such as suffered loss, lost
profits, and incurred costs.
Article 5 – Price
5.1. The price quoted by Van der Wal for the Work to be performed by it applies exclusively to
performance in accordance with the agreed specifications.
5.2. Van der Wal is entitled to demand full or partial prepayment.
5.3. If no price or only an estimate of the price has been agreed between the Parties, or if the price
is subject to change pursuant to these General Terms and Conditions, settlement shall be based on
Van der Wal’s subsequent calculation with a reasonable profit margin.
5.4. Van der Wal is entitled to increase the agreed price if, after the conclusion of the
Agreement, there are unforeseen additional Work, an increase in costs in connection with the
execution of the Agreement, or as a result of (amended) laws or regulations.
Article 6 – Amendments, additional work and price and rate adjustments
6.1. Van der Wal shall
always consider a timely request from the Client to agree to amendments, additions and corrections to the Agreement with due consideration. However, Van der Wal is in no
way obliged to give consent and may require the Client to
enter into a separate written agreement for this purpose.
6.2. If Van der Wal agrees to amendments, additions and corrections to the Agreement, this may
affect the agreed price and/or the agreed time of delivery.
Although reduced work may lead to a reduction in the agreed price, Van der Wal
reserves the right to
charge the Client for the costs incurred by Van der Wal and the lost profit.
6.3. If additional work is required for the execution of the Agreement which was not foreseeable at the time of concluding
the Agreement, or if such additional work is the result of
conduct and/or concealment or incorrect or unclear information provided by the Client, such
additional work shall be charged in accordance with Van der Wal's customary rates.
6.4. If a fixed price has been agreed upon in the Agreement and the Parties intend to
conclude a separate agreement regarding additional work or services, Van der
Wal shall inform the Client in advance of the financial consequences of such additional work or
services.
6.5. If the Client does not wish to pay any additional costs resulting from the additional work or services
, the desired additional work or services shall not be performed.
However, the Client is and remains bound by the original Agreement.
6.6. Van der Wal may adjust the prices and rates of the agreed work annually
.
Article 7 – Performance of Activities 7.1. Unless results have been expressly agreed upon in writing, Van der Wal shall perform the Services and Activities to the best of its knowledge and ability, and in accordance with the requirements of good professional practice, which entails solely an obligation to make the best possible effort . 7.2. The Client is obliged to provide full cooperation and to make available to Van der Wal all that it deems necessary and/or useful in order to properly perform the assigned Activities and deliveries. This includes, among other things: a. granting access to all documents and data deemed relevant by Van der Wal; b. providing all data and information deemed necessary or useful by Van der Wal in a timely manner. 7.3. The Client warrants that the information provided by it is accurate, reliable, and complete, without Van der Wal being obliged to independently verify it, and that it is authorized to provide the information to Van der Wal. The Client indemnifies Van der Wal against any claims from third parties in this regard. 7.4. For the performance of all its tasks arising from the Agreement, Van der Wal has the right to engage third parties, whereby the Client is bound not only by Van der Wal's General Terms and Conditions but also by the terms of delivery of the relevant third parties. 7.5. To the extent that third parties are engaged by Van der Wal in the execution of an Assignment, this shall be done as much as possible in consultation with the Client and with due care. Van der Wal is not liable for omissions, errors, or shortcomings of these third parties. Van der Wal is authorized to accept any limitations of liability of these third parties on behalf of the Client. Not only Van der Wal, but also all persons engaged in the execution of any Assignment, including third parties, may invoke these General Terms and Conditions with respect to the Client. 7.6. The Client is not permitted to transfer the rights and obligations associated with or arising from the Assignment given to Van der Wal to third parties without the written consent of Van der Wal. 7.7. The Client indemnifies Van der Wal against all claims from third parties associated with or arising from the Assignment given to Van der Wal. 7.8. If a third party, through act or omission, causes damage to the Client, the Client's customer, the Client's employee, or other persons connected with the execution of the Assignment, the third party shall be liable to the Client, customer, employee, or other person. 7.9. Van der Wal reserves the right to temporarily suspend or permanently terminate the execution of the Assignment, without the need for notice of default or notification, whenever there are reasonable grounds for doing so.
Article 8 – Swimming Test for Lateral Entrants
8.1. When a Participant starts at Van der Wal after taking lessons or obtaining a swimming diploma elsewhere,
the Participant must first take a swimming test to determine the Participant's level.
8.2. When a Participant has started at Van der Wal and begins taking lessons or obtaining a swimming diploma elsewhere,
the new instructor is responsible for independently and autonomously determining the Participant's level
.
Article 9 – Cancellation, rescheduling, holidays, and make-up lessons
9.1. Van der Wal has the right to cancel a Lesson without giving reasons, in which case the
Client is entitled to a make-up lesson.
9.2. The Client has the right to cancel a lesson up to 24 hours before the scheduled Lesson time via the
Client's Personal Account. If the Client cancels in a timely and correct manner, the Lesson can
be made up via a Make-up Lesson at a time when there is availability.
9.3. After the expiry of the period mentioned in the previous paragraph, cancellation is no longer possible, and
the Lesson therefore lapses.
9.4. A Make-up Lesson can be used for a maximum of 120 days and cannot be offset against other costs such as,
but not exclusively, diploma costs.
9.5. If a Make-up Lesson has been scheduled, it cannot be cancelled again. If the Participant fails to
show up, the right to the Make-up Lesson lapses.
9.6. If the diploma has been obtained, the right to the remaining Make-up Lessons lapses, and no financial
compensation is possible.
9.7. Holidays announced in advance on the Client's Personal Account will be
deducted from the monthly amount due. If the Client pays via a Ride Card, this
Ride Card will be extended by the duration of the holiday.
Article 10 – Medical Indication Suspension 10.1. In the event of a medical situation preventing the Participant from attending the Lessons, the first 2 weeks shall be at the Client’s own risk. If the medical situation persists for longer than 2 weeks, a medical indication suspension may only be initiated upon presentation of a medical certificate from a general practitioner or a medical specialist . 10.2. The medical certificate must be sent to Van der Wal by email via info@vanderwalsport.com, after which Van der Wal will send a confirmation of receipt. 10.3. The medical indication suspension commences upon the sending of the confirmation of receipt by Van der Wal. 10.4. The medical indication suspension has a maximum duration of 1 month. Thereafter, the program continues. 10.5. A medical indication suspension may be initiated a maximum of once per year.
Article 11 – Early Termination of Long-Term Agreement 11.1. A Long-Term Agreement concluded for a fixed term cannot be terminated early. 11.2. A Long-Term Agreement concluded for a fixed term can be terminated monthly by e-mail after the expiry of the period stated in the contract . 11.3. A Long-Term Agreement not concluded for a fixed term is entered into for an indefinite period and can only be terminated in writing at the end of the current month, subject to a notice period of 1 (one) month. 11.4. In the event of any outstanding claims in the Client’s Personal Account, the Client is obliged to settle these before the Agreement can be terminated early. 11.5. If the Client decides to dissolve the Agreement, no claim can be made regarding the remaining Catch-up Lessons in the Client’s Personal Account, nor regarding any financial compensation for them. At the moment of dissolution of the Agreement, these Catch-up Lessons are thus forfeited. 11.6. Without prejudice to what is stated in these General Terms and Conditions, Van der Wal reserves all rights to demand full performance of the Long-Term Agreement and/or full compensation.
Article 12 – Force Majeure 12.1. In these General Terms and Conditions, force majeure is understood to mean, in addition to what is understood in this regard in law and jurisprudence, all external causes, foreseen or unforeseen, over which Van der Wal cannot exercise any influence, but which render Van der Wal unable to fulfill its obligations . Force majeure includes, in any event: strikes, excessive absenteeism of personnel, the outbreak of an epidemic or pandemic, the sudden outbreak of war anywhere in the world, a (temporary) shortage of personnel, fire, operational and technical malfunctions within the office or at external parties engaged by Van der Wal , the unavailability of sufficient data from or the provision of incorrect data at our discretion, or the lack of sufficient cooperation by the Client. 12.2. The Client may under no circumstances invoke force majeure in the event of: a. inability to pay on the part of the Client; b. amended laws and regulations as well as government regulations and court rulings insofar as these create an impediment on the part of the Client or damage occurs as a result thereof. 12.3. If Van der Wal is unable to fully fulfill its obligations as a result of force majeure, either Party shall be entitled, after written notification of the force majeure by Van der Wal and if the period lasts longer than 30 (thirty) days, to terminate the Agreement in writing for the unexecutable part. 12.4. In this event of force majeure, the Client shall not be entitled to any form of compensation. 12.5. In the event of force majeure, Van der Wal retains the right to payment for any goods or services already delivered. 12.6. As soon as the force majeure occurs, Van der Wal is entitled to invoice all amounts already owed by the Client .
Article 13 – Payment
13.1. Payments to Van der Wal shall be made, unless otherwise agreed, via direct debit by
providing an authorization to Van der Wal.
13.2. The Client must issue an authorization by completing the SEPA form. This must
be fully completed and legally signed.
13.3. If the Client does not pay via direct debit, payment of invoices from Van der Wal must
be made within 7 (seven) days after the invoice date.
13.4. Van der Wal may send its invoices by post or by e-mail.
13.5. If the Client disagrees with the amount of the invoice, the Client must
notify Van der Wal of this in writing within 5 (five) days after the invoice date; after the expiry of this period,
the Client shall be deemed to have approved the invoice.
13.6. Objections to the amount of the invoice do not suspend the payment obligation.
13.7. The Client may not invoke any set-off or suspension.
13.8. In the case of long-term or extensive Assignments, Van der Wal may require payment in installments.
13.9. In the event of non-performance of the Agreement, bankruptcy, suspension of payments, placement under
guardianship of the Client, or cessation or liquidation of its business and/or when any attachment
is levied on the assets and/or claims of the Client, the Client shall be deemed
to be in default by operation of law.
13.10. In cases as referred to in the previous paragraph, Van der Wal is entitled to
declare the Agreement or the unexecuted part thereof dissolved or
to suspend its execution without notice of default or judicial intervention, without prejudice to its right to compensation from the Client. What
the Client owes under the Agreement is immediately due and payable.
Article 14 – Payment Obligations and Collection
14.1. The Client has the duty to
report inaccuracies in provided or stated payment details to Van der Wal without delay. Van der Wal shall never be liable for this.
14.2. If the direct debit fails or if the Client does not pay within the payment term,
Van der Wal will send a reminder letter with a payment term of seven days.
14.3. If the Client has not paid within the term referred to in the previous paragraph, the Client shall be
in default by operation of law, and Van der Wal shall have the right
to charge the Client statutory interest on the invoiced amount from the due date until the day of full payment,
all this without prejudice to Van der Wal's further rights.
14.4. All judicial and extrajudicial (collection) costs incurred by Van der Wal as a result of the Client's failure to fulfill its payment obligation shall be borne by the Client. These
costs amount to at least 15 (fifteen) percent of the amount due, with a minimum of
€ 150.00. If the Client is a Consumer, the judicial and extrajudicial
(collection) costs that Van der Wal must incur as a result of the Client's non-compliance with its
payment obligation amount to at least 15 (fifteen) percent of the amount due, with a minimum of
€ 40.00.
14.5. Any discounts granted or agreed upon shall automatically lapse in the event of default.
14.6. If the Client is in default with the full payment of an invoiced amount, the mere fact
of late payment, without prejudice to any other rights accruing to Van der Wal, shall
result in all other outstanding claims against the Client becoming immediately due and payable.
14.7. From the moment the Client fails to (fully) fulfill its payment obligations under the agreement
or is otherwise in default, the Client or Participant shall not (longer)
be permitted to participate in the Lessons, unless the Client's failure
is of minor significance in light of the entire assignment.
14.8. All costs reasonably incurred as a result of extrajudicial or judicial
collection of the claim shall be for the account of the Client.
14.9. Payments made by the Client shall always be applied first to all
accrued interest and costs, and secondly to overdue invoices that
have been outstanding with Van der Wal the longest.
14.10. In the event of partial payment, collection shall be continued until the principal sum plus costs and any interest
have been paid.
14.11. In the case of a jointly given assignment, all Clients are jointly and severally liable for the
full payment of the invoice amount and other outstanding costs.
Article 15 – Right of Retention
15.1. The Client and Van der Wal expressly agree that Van der Wal is entitled
to suspend the delivery of all goods which Van der Wal holds in its possession on behalf of the Client until the Client
has fulfilled its obligation.
15.2. The risk of the goods subject to this right of retention shall remain with the Client.
15.3. The Client shall not be entitled to a right of retention against Van der Wal.
Article 16 – Complaints 16.1. Any complaints regarding the Work performed by Van der Wal must be communicated to Van der Wal by the Client immediately after discovery, failing which all claims will be forfeited. Furthermore , the Client must also notify Van der Wal in writing of the complaint within 5 (five) days after discovery, providing a precise description of the nature and grounds of the complaint, as well as when and in what manner it was discovered. 16.2. All costs incurred by Van der Wal in connection with an unfounded complaint must be reimbursed by the Client to Van der Wal. 16.3. If a complaint is made in a timely manner and if, in Van der Wal's opinion, the complaint is justified, Van der Wal will remedy the deficiencies within a reasonable period. However, the Client remains fully obligated to pay for the Work performed. Complaints do not suspend the Client's payment obligation. 16.4. If performing the agreed Services is no longer possible or meaningful, Van der Wal shall only be liable within the limits set out in Article 19. 16.5. Any right of claim against Van der Wal shall lapse if: a. the complaint has not been brought to Van der Wal's attention within the stipulated time limits and/or in the manner indicated for that purpose ; b. the Client provides no or insufficient cooperation to Van der Wal regarding an investigation into the merits of the complaints; c. Van der Wal has not been offered the opportunity for (counter-/contradictory) expert assessment.
Article 17 – Intellectual Property 17.1. Unless otherwise agreed, all intellectual property rights arising from the Assignment, including personality rights – including patent rights and copyright – shall vest in Van der Wal or its licensors. To the extent that such a right can only be obtained through filing or registration, only Van der Wal is authorized to do so. 17.2. The Client shall not, without the Written consent of Van der Wal , use Lessons or training courses presented by Van der Wal to the Client, and all associated materials, in whole or in part, in any manner other than as agreed. 17.3. The Client is never entitled, without the Written consent of Van der Wal, to edit, modify, or otherwise infringe upon the intellectual property rights of Van der Wal regarding Lessons and/or other items, and may only use these under the trademark and logo assigned to the Lesson, service, and/or other item by Van der Wal.
Article 18 – Confidentiality
18.1. The Parties undertake to maintain confidentiality regarding all confidential information they
receive from and about the Other Party.
18.2. Information shall be deemed confidential, unless the information has been designated as non-confidential by one of the Parties
and/or was already public in some way before one of the Parties disclosed the information.
18.3. The Client shall indemnify Van der Wal against all damages and/or costs that may arise from a breach
of the obligations referred to in this Article.
Article 19 – Liability 19.1. Participation in a Lesson is at all times at the risk of the Client; Van der Wal is only liable if and to the extent required by law. 19.2. If liability arises for Van der Wal at any time for damage suffered by the Client due to an attributable failure by Van der Wal in the performance of the obligations under this Agreement , this liability shall in all cases be limited to the amount that will be paid out in the relevant case under Van der Wal’s business liability insurance. 19.3. If the insurer does not pay out to Van der Wal, Van der Wal’s liability shall be limited to a maximum of once the amount invoiced for the service from which the damage arose, or at least for that part of the order to which the liability relates, and excluding costs incurred with third parties, of that specific part of the Agreement to which the liability relates. For Assignments with a duration exceeding three months, the liability referred to in this paragraph is limited to a maximum of the invoice amount excluding VAT for the last three months. 19.4. Damage for which Van der Wal is liable pursuant to the previous paragraph is only eligible for compensation if the Client has made every effort to limit such damage and has notified Van der Wal in writing within 5 (five) days after the damage occurred, unless the Client can demonstrate that it could not reasonably have reported this damage earlier. 19.5. Van der Wal is not liable for damage of any kind whatsoever arising from Van der Wal relying on incorrect or incomplete data or information provided by or on behalf of the Client. 19.6. Van der Wal is not liable for loss, damage, and/or theft of your property and/or bodily injury caused by third parties in and around the premises of the Location where Van der Wal provides lessons. 19.7. Van der Wal is not liable for advice or recommendations given by it to the Client. The advice, recommendations, and information provided by Van der Wal are entirely without obligation and are given without any guarantee. 19.8. Van der Wal is not liable in the event of force majeure as defined in Article 12 of these General Terms and Conditions. 19.9. Any limited liability provision included in the Agreement or these General Terms and Conditions shall not apply: a. in the event of intent or willful recklessness on the part of the Client or (management) personnel engaged by the Client; or b. in the event of infringement of intellectual property rights as referred to in Article 17 of this Agreement.
Article 20 – Privacy and security of personal data 20.1. By entering into an agreement, the Client grants Van der Wal permission to process its personal data for the purpose of executing the agreement and for Van der Wal’s administrative and management tasks. These personal data are accessible only to Van der Wal and, in principle, will not be provided to third parties without the Client’s permission, unless necessary for the execution of the agreement or if Van der Wal is obliged or entitled to do so pursuant to the law or a court ruling. 20.2. Van der Wal implements appropriate technical and organizational measures to protect the personal data against loss or any form of unlawful processing. Taking into account the state of the art and the costs of implementation, these measures ensure an appropriate level of security in view of the risks involved in the processing and the nature of the data to be protected . 20.3. Van der Wal has published further information regarding the processing of personal data in its privacy statement, the most recent version of which can always be consulted on its website.
Article 21 – Attribution and Social Media Code
21.1. Van der Wal is entitled to mention or have her name mentioned on or with her Lessons or works, or to remove it.
The Client is not permitted to make public or reproduce the name or work
of Van der Wal in any form whatsoever without prior Written permission.
21.2. If Van der Wal deems it necessary, the Client shall provide the work to be made public and/or reproduced
with the copyright symbol, the name of Van der Wal, and the year of the first
publication.
21.3. If the Client makes a statement about Van der Wal in or on a publication, website, social media, or
other media, the Client must adhere to the following guidelines of Van der Wal:
General Terms and Conditions Van der Wal Sport & Zwemacademie Page 9 of 9
a. Transparency; the Client must clearly state in his statement whether he
is publishing in a personal or professional capacity.
b. Respect; if the Client publishes on behalf of or about Van der Wal, he must
have obtained explicit prior Written permission from Van der Wal for this purpose.
c. Responsible; The Client must ensure responsible use of the
information carrier; for example, it must not make use of tracking software, adware,
malware, or spyware.
d. Professional; The Client acts with the awareness that its role as Client
is maintained.
e. Certainty; in case of doubt, the Client must consult Van der Wal.
f. Awareness; The Client must be aware that communications
will remain findable for an indefinite period and for a large audience.
Article 22 – Communication via email and social media
22.1. The Client agrees that, in the context of the execution of the Assignment,
communication may also take place via email and social media.
22.2. The Client is aware that, due to the limited protection of data via the internet,
the confidentiality of information sent via email cannot be guaranteed.
Article 23 – Acknowledgment of General Terms and Conditions
23.1. These General Terms and Conditions apply effective from November 1, 2022
(01/11/2022) and are available for inspection at the offices of Van der Wal.
23.2. These General Terms and Conditions will be sent to the Client together with the Quotation and/or handed over to the Client
, or – if this is not reasonably possible –
sent to the Client free of charge upon the Client's first request.
23.3. These General Terms and Conditions can also be consulted via the website of Van der Wal
www.vanderwalsport.com.
Article 24 – Applicable Law
24.1. The legal relationship between Van der Wal and the Client is governed by Dutch law.
24.2. In the event of a dispute, this dispute shall be submitted to the competent court in the district
of The Hague, location Leiden, unless mandatory rules of jurisdiction prevent this.
24.3. The parties may agree on another form of dispute resolution, such as arbitration or mediation
, which shall never restrict the Client’s right to request a judicial ruling
.