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, capitalised terms have the following meaning:
General Terms and Conditions: these General Terms and Conditions of Delivery.
Catch-up Lesson(s): the right to catch up on a correctly and timely cancelled Lesson at another time.
Lesson(s): all types of training courses.
Lesson Time: the time 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 therefore
participate in the lessons.
Duration Agreement: an 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: the Client is understood to mean any party that (jointly) issues/issues the Order for
services, advice or the submission of a Quotation.
Agreement or Assignment: the agreement or Assignment is understood to mean the obligation that Van der
Wal enters into with its Client(s).
Parties: Van der Wal and the Client(s) between whom a (duration) Agreement has been concluded.
Personal Account: the account that is active on the Client's personal website.
Travel Card: a personal card, valid for a maximum of 9 weeks, entitling the Client
to use the agreed number of Lessons for the Lessons provided
by Van der Wal.
Written: Written also refers to communication by email, fax, or any other means of communication
that, in view of the state of the art and prevailing social views,
can be considered equivalent.
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, this is
considered a Lateral Entrant.
Article 2 – Applicability
2.1. These General Terms and Conditions apply to every and all negotiations, Offers,
Order Confirmations, Agreements, Activities or other legal relationships and in every Location where
Van der Wal provides lessons, to which Van der Wal has declared these terms and conditions applicable, insofar as
the Parties have not expressly deviated from these terms and conditions in Writing.
2.2. The Client’s acceptance and retention of an offer, Offer,
Order Confirmation or Agreement in which reference is made to these General Terms and Conditions without comment shall be deemed to constitute
agreement to the application of these General Terms and Conditions in their entirety.
2.3. Any General Terms and Conditions or other terms and conditions of the Client shall not be valid. The
applicability thereof is expressly rejected by Van der Wal.
2.4. Only if this is agreed in Writing in the Agreement may one or more provisions of these General Terms and Conditions be deviated from at the request of the Client, without
affecting or otherwise invalidating the other terms and conditions, solely in respect of an individually
determined Assignment
.
2.5. If one or more provisions in these General Terms and Conditions
are at any time wholly or partially null and void or are annulled, the remainder of the Agreement shall remain in force. The relevant provision shall
be replaced immediately in consultation between Van der Wal and the Client by a provision that
approximates the intent of the original provision as closely as possible.
2.6. Any 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 require strict compliance with these General Terms and Conditions, this does
not mean that the provisions of these General Terms and Conditions do not apply, or that Van der Wal in
any way loses the right to
require 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 effect at the time of the amendments. Changes will be
announced to the Client by email and will take effect 30 (thirty) days after announcement.
Article 3 – Quotations
3.1. All quotations from Van der Wal are without obligation.
3.2. Acceptances of quotations or Orders in any form whatsoever (written, fax, e-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 stating reasons.
3.4. Acceptances, whether or not in the form of an Order Confirmation by the Client, which
contain material additions, restrictions or other changes, 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 business 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
to correctly and completely reflect
the 3.7. The price calculation and conditions of the offer are valid for fourteen (14) days
after the offer date.
3.8. Any new price calculation and conditions of the offer specified by Van der Wal shall replace
the previous ones.
3.9. A composite price calculation does not oblige Van der Wal to fulfil part of the offer
stated in the offer for 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 at the time of the request.
3.11. If the person signing the Quotation, Order Confirmation or Agreement acts on behalf of one or more
others, he shall be responsible and liable to Van der Wal
as if he were the Client himself, without prejudice to the liability of those others.
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 stipulates otherwise or if the Parties have expressly agreed otherwise in writing.
4.2. The duration of the Assignment may be influenced by various factors besides the effort expended, such as the commitment of
the person receiving the lessons and the cooperation provided. Van der Wal can therefore not
specify in advance exactly how long the turnaround time for carrying out the Assignment will be.
4.3. If a term has been agreed or specified for the execution of certain Activities, this is
never a strict deadline. Exceeding the delivery term does not entitle you 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 pertaining to the Agreement. Suspension as referred to above
never entitles the Client to compensation.
4.7. If the Client wishes to terminate the Agreement without Van der Wal being in breach
and Van der Wal agrees to this, the Agreement will be terminated by mutual consent. In that case, Van
der Wal is entitled to compensation for all financial losses, such as losses suffered, lost
profits, and costs incurred.
Article 5 – Price
5.1. The price stated by Van der Wal for the Work to be performed by it applies exclusively to
the performance in accordance with the agreed specifications.
5.2. Van der Wal is entitled to demand full or partial advance payment.
5.3. If no price or only an estimate of the price has been agreed between the Parties, or if the price
may be changed according to these General Terms and Conditions, settlement will be based on
Van der Wal’s subsequent calculation with a reasonable profit mark-up.
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
performance of the Agreement or as a result of (amended) legislation or regulations.
Article 6 – Changes, additional work and price and rate adjustments
6.1. Van der Wal will
always consider favorably a timely request from the Client to agree to changes, additions and corrections to the Agreement. However, Van der Wal is in no
way obliged to agree and may require the Client to
conclude a separate written agreement for this purpose.
6.2. If Van der Wal agrees to changes, additions and corrections to the Agreement, this may
affect the agreed price and/or the agreed time of delivery.
While 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 for the lost profit.
6.3.
was not foreseeable at the time the Agreement
was concluded actions and/or a concealment or incorrect or unclear statement by the Client, this
additional Work will be charged at Van der Wal’s usual rates.
6.4. If a fixed price has been agreed in the Agreement and the Parties intend to
conclude a separate agreement regarding additional Work or services, Van der
Wal will inform the Client in advance of the financial consequences of that additional Work or
services.
6.5. If the Client does not wish to pay any additional costs as a result of the additional Work or services
, the desired additional Work or services will not be carried out. The Client is and remains
bound by the original Agreement, however.
6.6. Van der Wal may
adjust the prices and rates for the agreed Work annually.
Article 7 – Performance of Work
7.1. Unless results have been expressly agreed in writing, Van der Wal will perform the Services and
Work to the best of its knowledge and ability, and in accordance with the requirements of good professional
practice, which solely implies an obligation to make the best possible effort
.
7.2.
to make available to
Van der Wal everything it deems properly perform the assigned Work and deliveries. This includes, among other things:
a. that inspection is granted to all documents and data deemed relevant by Van der Wal;
b. that all data and information that Van der Wal deems necessary or useful is provided in a timely manner.
7.3. The Client guarantees that the information provided by it is correct, reliable and complete,
without Van der Wal being obliged to independently verify it, and that it is authorised
to provide the information to Van der Wal. The Client indemnifies Van der Wal against any
claims by 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, in which case the Client
is bound by the General Terms and Conditions of Van der Wal as well as the terms of delivery of the relevant third parties.
7.5. To the extent that Van der Wal engages third parties in the performance of an Assignment, this will
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 performance 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 relating to 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 by third parties relating to or
arising from the Assignment given to Van der Wal.
7.8. If a third party, through action or omission, causes
damage to the Client, the Client's customer, the Client's employee, or any other person connected with the performance of the Assignment,
the third party will be liable to the Client, customer, employee, or any other person.
7.9. Van der Wal reserves the right to
temporarily suspend or permanently discontinue the performance of the Assignment without notice of default or notification if
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 certificate elsewhere,
the Participant must first take a swimming test to determine their level.
8.2. When a Participant started at Van der Wal and takes lessons or
obtains a swimming certificate elsewhere, the new instructor is responsible for independently
determining the Participant's level.
Article 9 – Cancellation, rescheduling, holidays and catch-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 catch-up lesson.
9.2. The Client has the right to cancel a Lesson up to 24 hours before the Lesson time via the
Client's Personal Account. If the Client cancels on time and correctly, the Lesson can
be made up via a Catch-up Lesson at a time when there is space.
9.3. After the period mentioned in the previous paragraph has expired, cancellation is no longer possible and
the Lesson therefore expires.
9.4. A Catch-up Lesson can be used for a maximum of 120 days and cannot be offset against other costs such as,
but not limited to, diploma costs.
9.5. Once a Catch-up Lesson has been scheduled, it cannot be cancelled again. If the Participant does not show
up, the right to the Catch-up Lesson expires.
9.6. If the diploma has been obtained, the right to the remaining Catch-up Lessons expires 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 to be paid. If the Client pays with a Travel Card, this
Travel Card will be extended for the duration of the holiday.
Article 10 – Medical indication stop
10.1. In the event of a medical situation that prevents the Participant from participating in the Lessons, the first 2 weeks are
at the Client’s own risk. If the medical situation lasts longer than 2 weeks,
indication stop can only be initiated
upon presentation of a medical certificate from a (family) doctor 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 stop commences from the moment Van der Wal sends the confirmation of receipt.
10.4. The medical indication stop has a maximum duration of 1 month. After that, the program continues.
10.5. A medical indication stop can be initiated a maximum of 1 time per year.
Article 11 – Interim Termination of a Term Agreement
11.1. A Term Agreement concluded for a fixed period cannot be terminated prematurely.
11.2.
terminated monthly by email
after the end of the period stated in the contract 11.3. A Term Agreement not concluded for a fixed period is entered into for an indefinite period and can
be terminated
in writing towards the end of the current month, observing a notice period of 11.4. For any outstanding receivables in the Client’s Personal Account, the Client is obliged
to pay these before the Agreement can be terminated prematurely.
11.5. If the Client decides to terminate the Agreement, no claim can be made to the
remaining Catch-up Lessons in the Client’s Personal Account, nor to any financial
compensation for these. At the moment of termination of the Agreement, these Catch-up Lessons are
thus lost.
11.6. Without prejudice to the provisions of these General Terms and Conditions, Van der Wal reserves all rights to
demand full compliance with the Long-Term Agreement and/or full compensation.
Article 12 – Force Majeure
12.1. In these General Terms and Conditions, force majeure shall be understood to mean, in addition to what
is understood in law and case law, all external causes, foreseen or unforeseen, over which Van
der Wal has no control, but which prevent Van der Wal from fulfilling its obligations
. Force majeure shall in any case include: strikes, excessive absenteeism due to illness of personnel, outbreak
of an epidemic or pandemic, sudden outbreak of war anywhere in the world, a (temporary) shortage
of personnel, fire, operational and technical disruptions within the office or at
external parties engaged by Van der Wal, the lack of sufficient information, as determined by us, or
the provision of incorrect information, or the lack of sufficient cooperation by
the Client.
12.2. Under no circumstances may the Client 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 judicial decisions insofar as
these cause an impediment on the part of the Client or if damage
occurs as a result.
12.3. If Van der Wal is unable to fully fulfil its obligations as a result of force majeure,
then each of the Parties is entitled, after Written notice 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 part that cannot be performed.
12.4. In this event of force majeure, the Client is not entitled to any form of compensation.
12.5. In the event of force majeure, Van der Wal retains the right to payment for any work already delivered.
12.6. As soon as the force majeure occurs, Van der Wal is entitled to invoice the Client for everything that it already owes
.
Article 13 – Payment
13.1. Unless otherwise agreed, payments to Van der Wal shall be made via direct debit by
granting Van der Wal an authorization.
13.2. The Client must grant an authorization by completing the SEPA form. This form must
be completed in full and legally signed.
13.3. If the Client does not pay via direct debit, payment of Van der Wal invoices must
be made within 7 (seven) days of the invoice date.
13.4. Van der Wal may send its invoices by post or email.
13.5. If the Client disagrees with the invoice amount, the Client must
notify Van der Wal of this in writing within 5 (five) days of the invoice date. After this period,
the Client is deemed to have approved the invoice.
13.6. Objections to the invoice amount do not suspend the payment obligation.
13.7. The Client may not invoke any offset or suspension.
13.8. For long-term or extensive Assignments, Van der Wal may request payment in installments.
13.9. In the event of non-compliance with the Agreement, bankruptcy, suspension of payments, placement under
guardianship of the Client or closure or liquidation of its business and/or when any attachment
is levied on the Client’s assets and/or claims, the Client shall be deemed to
be in default by operation of law.
13.10. In the cases referred to in the previous paragraph, Van der Wal shall be entitled to
declare the Agreement or the unperformed part thereof dissolved or
to suspend its performance without notice of default or judicial intervention, without prejudice to its right to compensation from the Client. What
the Client owes under the Agreement shall be immediately due and payable.
Article 14 – Payment obligations and collection
14.1. The Client is obliged to immediately
report any inaccuracies in the payment details provided or stated to Van der Wal. Van der Wal shall never be liable for this.
14.2. If the direct debit is unsuccessful 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 is legally
in default and Van der Wal shall be entitled
to charge the Client the statutory interest on the invoiced amount from the due date until the date of full payment,
all this without prejudice to the further rights of Van der Wal.
14.4. All judicial and extrajudicial (collection) costs that Van der Wal must incur as a result of the Client’s failure to meet 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 failure to meet 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 of full payment of an invoiced amount, the mere fact
of late payment, without prejudice to the other rights to which Van der Wal is entitled, shall
result, among other things, in all other outstanding claims of the Client becoming immediately due and payable.
14.7. From the moment that Client fails to (fully) fulfill its payment obligations under the agreement
or is otherwise in default, Client or Participant will not (any longer)
be permitted to participate in the Lessons, unless Client’s failure
is of minor significance in light of the entire assignment.
14.8. All reasonable costs incurred as a result of extrajudicial or extrajudicial
collection of the claim shall be borne by Client.
14.9. Payments made by Client shall always serve to settle, firstly, all
interest and costs owed, and secondly, the oldest outstanding invoices with Van der Wal
.
14.10. In the event of partial payments, collection will continue until the principal sum plus costs and any interest
have been paid.
14.11. In the event of a jointly placed assignment, all Clients shall be jointly and severally liable for the
full payment of the invoice amount and other outstanding costs.
Article 15 – Right of retention
15.1. Client and Van der Wal expressly agree that Van der Wal is entitled
to suspend the delivery of all goods that Van der Wal has in its possession from the Client until the Client
has fulfilled its obligations.
15.2. The risk of the goods covered by this right of retention remains with the Client.
15.3. Client is not entitled to a right of retention against Van der Wal.
Article 16 – Complaints
16.1. Any complaints about Van der Wal's Work must
be reported to Van der Wal immediately after discovery by the Client, under penalty of forfeiture of all claims. Furthermore,
the Client must also notify Van der Wal in writing
of the complaint within 5 (five) days of discovery, precisely stating the nature and grounds of the complaint, as well as when and
how it was discovered.
16.2. All costs incurred by Van der Wal in connection with an unfounded complaint must
be reimbursed to Van der Wal by the Client.
16.3. If a complaint is submitted in a timely manner and if the complaint is justified in Van der Wal's opinion, Van der
Wal will rectify the deficiencies within a reasonable period of time. However, the Client remains fully obliged to
pay for the Work performed. Complaints do
not suspend the Client's payment obligation.
16.4. If it is no longer possible or useful to perform the agreed Activities, Van
der Wal will only be liable within the limits of that stated in Article 19.
16.5. Any right to claim against Van der Wal shall lapse if:
a.
been brought to the attention
of Van der Wal within the specified time limits and/or in the manner specified b. the Client does not provide Van der Wal with sufficient cooperation regarding an investigation into
the validity of the complaints;
c. Van der Wal has not been offered the opportunity for (counter/contradictory) expertise.
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 – belong to Van
der Wal or its licensors. Insofar as such a right can only be obtained through a deposit
or registration, only Van der Wal is authorized to do so.
17.2. The Client shall not use, in whole or in part, any Lessons or training courses presented by Van der Wal to
the Client and any associated materials
in any way other than agreed without the Written permission of Van der Wal.
17.3. The Client is never entitled to
edit, adapt or otherwise infringe the intellectual
property rights of Van der Wal in Lessons and/or other matters without the Written permission of Van der Wal and may only use them under the brand and logo that Van
der Wal or its supplier has assigned to the Lesson, service and/or other matter.
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 is deemed confidential unless one of the Parties has designated it as non-confidential
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 Client’s risk, Van der Wal is only liable
if and to the extent this arises from the law.
19.2. If Van der Wal at any time becomes liable for damage suffered by the Client
due to an attributable shortcoming in the fulfillment of the obligations under this Agreement
General Terms and Conditions Van der Wal Sports & Swimming Academy Page 8 of 9
by Van der Wal, this liability is in all cases limited to the amount that will be paid out under
Van der Wal’s business liability insurance in the relevant case.
19.3. If the insurer of Van der Wal does not pay out, Van der Wal’s liability is limited to
a maximum of one times 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 with the exception of
costs incurred at third parties, of that specific part of the Agreement to which the liability
relates. For Assignments with a lead time longer than three months,
the liability referred to in this clause shall be limited to a maximum of the invoice amount excluding VAT over the
last three months.
19.4. Damage for which Van der Wal is liable under the previous clause shall only be eligible for compensation
has notified Van der Wal of the damage in writing
within 5 (five) days after can demonstrate that it could not reasonably have reported this damage earlier.
19.5. Van der Wal shall not be liable for damage of any nature whatsoever that has arisen because Van der Wal has
assumed incorrect or incomplete data or information provided by or on behalf of the Client.
19.6. Van der Wal shall not be liable for loss, damage and/or theft of your property and/or bodily
injury inflicted by third parties in and around the premises of the Location where Van der Wal provides lessons.
19.7. Van der Wal shall not be liable for any 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
provided without any guarantee.
19.8. Van der Wal shall not be liable in the event of force majeure as determined in Article 12 of these General
Terms and Conditions.
19.9. Any limited
liability arrangement included in the Agreement or these General Terms and Conditions shall not apply:
a. in the event of intent or deliberate recklessness on the part of the Client or any
(managerial) 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 their personal data for the purpose of executing the agreement and for Van der Wal's administrative and management tasks. This personal data is only accessible to Van der Wal and
will, in principle, not be provided to third parties without the Client's permission, unless necessary
is required or authorized
to do so by law or a court 20.2. Van der Wal implements appropriate technical and organizational measures to
protect personal data against loss or any form of unlawful processing. These measures,
taking into account the state of the art and the costs of implementation, ensure an appropriate
level of security given the risks associated with 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 be consulted on its website.
Article 21 – Attribution and social media code
21.1. Van der Wal is entitled to mention or remove her name on or with her Lessons or works.
to publish 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 will provide the work to be published and/or reproduced
with the copyright symbol, Van der Wal’s name and the year of 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 Sports & Swimming Academy Page 9 of 9
a. Transparency; the Client must clearly state in their statement whether they
are publishing in a personal or professional capacity.
b.
have obtained the express prior written permission of Van der Wal
to do so c. Responsible; Client must ensure responsible use of the
information carrier, for example, it must not use tracking software, adware,
malware, or spyware.
d. Professional; Client acts in the awareness that its role as Client
is maintained.
e. Certainty; if in doubt, Client should consult Van der Wal.
f. Awareness; Client must be aware that expressions
will remain searchable for an indefinite period of time and to 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 will also take place via email and social media.
22.2. The Client acknowledges 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 with effect from the first of November two thousand and twenty-two
(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 with the Quotation and/or
made available 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 Van der Wal website
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 will be submitted to the competent court in the district
of The Hague, Leiden location, unless mandatory jurisdiction rules prevent this.
24.3. The parties may agree on another form of dispute resolution, such as arbitration or mediation
, which will never limit the Client’s right to request a court judgment
.
