Rise from Chronic Pain – General Terms and Conditions – Drawn up: 07 march 2023
- Company: Rise from Chronic Pain, established in Nieuwegein, Chamber of Commerce number 87719517
- Client: the party which Rise from Chronic Pain has entered into an agreement with
- Parties: Rise from Chronic Pain and the client together
- Consumer: a client who is an individual acting for private purposes
- These terms and conditions will apply to all quotations, offers, activities, orders, agreements, products and services of Rise from Chronic Pain
- Parties can only deviate from the conditions if they have explicitly agreed upon in writing
- The parties expressly exclude the applicability of supplementary and or deviating terms and conditions of the client or third parties
- All prices used by Rise from Chronic Pain are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise
- Rise from Chronic Pain is entitled to adjust all prices for its products and services, shown on its website or otherwise, at any time
Payments, cancellation and rescheduling
- All products and services by Rise from Chronic Pain are paid in full, up front, unless a payment plan has been agreed upon, in writing.
- If the client needs to reschedule a coaching session, they should provide at least 48 hours’ notice. If this is done on time, the session can simply be moved to another available date. If done later, it will NOT be considered a rescheduling but a new session.
- If a client wishes to cancel a session, this should be done at least 48 hours before the session, in that case a refund will be issued to the client. If the cancellation happens later than 48 hours before the session, no refunds will be made.
- Our business is based on mutual trust, honesty and integrity and our aim is to help people heal. If a client is dissatisfied with the result of the product or service and can demonstrate they have taken steps to incorporate the theory and exercises into their lives, the client can request a full refund within 30 days after purchase.
Products and services
1. The products and services offered by rise are not applicable to clients where any of the following applies:
- You’ve had a severe injury in the past 6 months and are still doing physical therapy
- You have been diagnosed with an infection or cancer
- You have NOT ruled out infection or cancer
Duration of service agreement
- The Rise from Chronic Pain 1-on-1 services will last for the duration as described in the service description and can vary from service to service
- The online courses will be available for the time indicated in the product description, for some this will be 1 year, for others it will mean a life-time access.
- Rise from Chronic Pain retains all intellectual property rights (including copyright, patent rights, trademark rights, design and design rights, etc.) on all designs, drawings, writings, documents, recordings, data carriers and/ or other information, images, sketches, models, etc., unless otherwise agreed upon, in writing
- The client, consumer or any other entity, may mot copy or have copied the intellectual property/ property rights without prior written permission from Rise from Chronic Pain, nor show them to third parties and/ or make them available or use them in any other way
- Everything discussed in the sessions will be completely confidential.
- The client keeps any information he/she/they receive (in whatever form) from Rise from Chronic Pain confidential.
- The same applies to all other information concerning Rise from Chronic Pain of which he/she/ they knows or can reasonably suspects that it is secret or confidential, or of which it can expect that its disclosure may cause damage to Rise from Chronic Pain
- The client takes all necessary measures to ensure that the information referred to in points 1 to 3 (above) secret
- The confidentiality obligation described in this article applies for a duration of the underlying agreement and for a period of 3 years after thereof
- Rise from Chronic Pain is only liable for any damage insofar this damage was caused by intent or gross negligence
- If Rise from Chronic Pain is liable for any damage it is only liable for direct damages that result from or is related to the execution of an agreement
- Rise from Chronic Pain is never liable for indirect damages or damages to or by third parties
- If Rise from Chronic Pain is liable, its liability is limited to the amount paid by a closed professional liability insurance and in the absence of (full) payment by an insurance company of the damages, the amount of the liability is limited to the invoice to which the liability relates.
- All images, photos, colours, drawings, descriptions on the website or elsewhere from Rise from Chronic Pain are only indicative and are approximate and cannot lead to any compensation and or (partial) dissolution of the agreement and/or suspension of any obligation
- The client has the right to dissolve the agreement if Rise from Chronic Pain imputably fails the fulfilment of their obligations, unless the shortcoming does not justify termination due to its special nature or because it is of minor significance
- Rise from Chronic Pain has the right to dissolve the agreement with the client if the client does not fully or timely fulfil their obligations under the agreement or if circumstances give Rise from Chronic Pain good grounds to fear that the client will not be able to fulfil their obligations properly
- In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Rise from Chronic Pain in the fulfilment of any obligation to the client cannot be attributed to Rise from Chronic Pain in any situation independent of the will of Rise from Chronic Pain, when the of its obligations towards the customer is prevented in the whole or in part or when the fulfilment of its obligations cannot reasonably be required from Rise from Chronic Pain
- The force majeure situation referred to in point 1 is also applicable – but not limited to: state of emergency (such as civil war, riots, natural disasters, etc.); defaults and force majeure of suppliers or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, etc.
- If a situation of force majeure arises as a result of which Rise from Chronic Pain cannot fulfil one or more obligations towards the customer, these obligations will be suspended until Rise from Chronic Pain can comply with it
- Rise from Chronic Pain does not owe any (damage) compensation in a situation of force majeure.
Changes to the terms and conditions
- Rise from Chronic Pain is entitled to amend or supplement these general terms and conditions
- Changes of minor importance can be made at any time
- Major changes in content will be communicated by Rise from Chronic Pain with clients as soon as possible
- Clients are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions
Transfer of rights
- The client cannot transfer its rights deferring from an agreement with Rise from Chronic Pain to third parties without prior written consent from Rise from Chronic Pain
- This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code
Applicable law and competent court
- Dutch law is exclusively applicable to all agreements between parties
- The Dutch court in the district where Rise from Chronic Pain is established is exclusively competent in case of any disputes between parties unless the law prescribes otherwise
Rise from Chronic Pain
3437 WJ Nieuwegein