These Terms & Conditions were last updated on November 4, 2022
Changes To the Terms & Conditions
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all services provided by the Company. Your continued use of the services following the posting of revised Terms & Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Privacy Policy
Your use of the services is also subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms & Conditions.
Disclaimer
Your use of the services is also subject to the Company’s Disclaimer. Please review our Disclaimer, which also governs the Website and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms & Conditions.
1. Definitions
1.1. In these general terms and conditions, the following capitalized terms are used in the following sense, unless expressly stated otherwise or the context shows otherwise:
Company: The legal person or natural person who acts in the exercise of his profession or his business;
Chill Out Experience: The user of these general terms and conditions: Chill Out Experience located at Unit E0224, Zinkstraat 24, 4823 AD, Breda, The Netherlands, registered with the Chamber of Commerce (KvK) under number 88246981 and tax id: NL004570590B38;
Consumer: The natural person who does not act in the course of his profession or his business;
Participant: The natural person who works for the Client, being a Company and who participates in the In-company Training;
In-company Training: The in-company training provided by Chill Out Experience in the context of the Agreement for the Customer being a Company;
Customer: The legal entity or natural person who has entered into or wishes to enter into an Agreement with Chill Out Experience;
Materials: All (digital) materials, videos, texts, images, advice, quotations and any other work within the meaning of the Copyright Act developed and/or made available by Chill Out Experience;
Online Training: The online training that Chill Out Experience has developed and that is made available to the Customer as a Consumer in the context of the Agreement;
Agreement: The agreement between Chill Out Experience and the Customer;
In writing: In writing or by e-mail;
Website: A third party website on which Chill Out Experience offers the Online Training. Chill Out Experience offers the Online Training on the following website: https://paleostressmanagement.com.
1.2. Unless the context indicates otherwise, defined terms in the singular also refer to the plural.
1.3. Where in these general terms and conditions “he” or “his” is mentioned, it can of course also be read “she” or “her”.
2. General
2.1. These general terms and conditions apply to every offer from Chill Out Experience and to every Agreement between Chill Out Experience and the Customer.
2.2. Deviating terms and conditions only form part of the Agreement insofar as those terms and conditions have been expressly agreed in Writing.
2.3. Any general (purchase) conditions of the Customer, being a Company, are expressly rejected.
2.4. These general terms and conditions also apply to subsequent Agreements. The Customer with whom an Agreement was previously concluded under these general terms and conditions is deemed to have agreed to the applicability of these general terms and conditions to Agreements concluded with Chill Out Experience later.
2.5. If one or more of the provisions in these general terms and conditions are null and void or should be annulled, the other provisions of these general terms and conditions will remain fully applicable. The void or voided provisions will be replaced by Chill Out Experience, taking into account the purpose and intent of the original provision(s) as much as possible.
2.6. Chill Out Experience has the right to change these terms and conditions. The version of the general terms and conditions that applied at the time of the conclusion of the Agreement applies.
2.7. If Chill Out Experience does not always require strict compliance with these general terms and conditions, this does not mean that the provisions thereof do not apply, or that Chill Out Experience would to any extent lose the right to ensure strict compliance with the provisions of these general terms and conditions in other cases.
3. Offer
3.1. Every offer and every quotation from Chill Out Experience is without obligation.
3.2. The Customer, being a Company, guarantees the correctness and completeness of the requirements and specifications provided by or on behalf of him to Chill Out Experience and other data on which Chill Out Experience bases its quotation.
3.3. Obvious errors or mistakes in e-mail messages, quotations or on the Website do not bind Chill Out Experience.
3.4. If a minor wishes to use the Online Training, the minor must have obtained permission from his legal representative to enter into an Agreement with Chill Out Experience.
4. Realization of the Agreement
4.1. The Agreement for the use of the Online Training is concluded at the moment that the Customer, being a Consumer, has placed the order via the Website.
4.2. The Agreement can only be concluded via the Website after the Customer has clicked that he agrees with these general terms and conditions.
4.3. The Agreement with the Customer, being a Company, is concluded at the moment that the Customer has (digitally) signed the quotation and Chill Out Experience has received the undersigned quotation or at the moment that Chill Out Experience and the Customer have signed the Agreement .
5. Access to the Online Training for the Customer as a Consumer
5.1. After the conclusion of the Agreement, the Customer can create an account on the Website and thus gain access to the Online Training.
5.2. The Online Training is available to the Customer for 1 year via the Website.
6. Right of Withdrawal Agreement for access to the Online Training
6.1. The Customer has the right to dissolve the Agreement for access to the Online Training within 30 days after the Agreement has been concluded.
6.2. If the Customer wishes to make use of his right of withdrawal, the Customer must expressly inform Chill Out Experience of this within 30 days after the conclusion of the Agreement, for example by contacting us on the About page.
6.3. If the Customer makes use of his right of withdrawal, Chill Out Experience will refund the costs already paid by the Customer for access to the Online Training within 30 days.
6.4. Chill Out Experience will refund the Customer with the same payment method with which the Customer performed the original transaction unless the Customer has expressly agreed to another payment method. No fees will be charged for the refund.
7. Cancellation of the Agreement by the Customer being a Company
7.1. If the Customer cancels or prematurely terminates the Agreement for an In-company Training, Chill Out Experience will charge cancellation costs to the Customer. These cancellation costs amount to:
- In the event of cancellation 21 days or shorter and longer than 14 days prior to the In-company Training: 50% of the agreed price for the In-company Training;
- In the event of cancellation 14 days or shorter and longer than 7 days prior to the In-company Training: 75% of the agreed price for the In-company Training;
- In the event of cancellation 7 days or less prior to the In-company Training:100% of the agreed price for the In-company Training.
7.2. Cancellation must be made in Writing.
8. Performance of the Agreement
8.1. Chill Out Experience has a best-efforts obligation and no result obligation because of the concluded Agreement.
8.2. Chill Out Experience will perform the Agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
8.3. Chill Out Experience has the right to engage third parties, to purchase services from third parties and to have the Agreement performed in whole or in part by third parties, without notifying the Customer, in the performance of the Agreement.
8.4. Chill Out Experience has the Online Training and the In-company Training compiled to the best of our ability. Chill Out Experience cannot, however, guarantee that following the Online Training or participating in the In-company Training will lead to the specific desired result.
8.5. The advice given by Chill Out Experience, the content of an Online Training and of the In-company Training, should never be regarded as medical or mental advice.
8.6. Chill Out Experience never guarantees that following the Online Training or participating in the In-company Training leads to improvement of (mental) health or prevents burnout.
8.7. Chill Out Experience is not the administrator of the Website. Therefore, Chill Out Experience cannot be held responsible for the operation of the Website. If the Online Training is temporarily unavailable due to a malfunction, this does not entitle the Customer to a refund of part of the price for the Online Training, unless the temporary unavailability is unreasonably long.
8.8. Visiting the Website and creating an account on the Website is entirely at your own risk.
9. Moving an In-company Training by Chill Out Experience
9.1. If due to circumstances an In-company Training cannot take place and must be moved to another date, Chill Out Experience will inform the Client as soon as possible and a new appointment will be made for the In-company Training.
10. Obligations of the Customer as a Company
10.1. The Customer is responsible for the quality and for the timely and correct delivery of the required data and information.
10.2. If the information supplied by the Customer is incomplete and/or incorrect, this will be entirely at the expense and risk of the Customer.
10.3. The Customer must refrain from behavior that makes it impossible for Chill Out Experience to perform the Agreement properly.
10.4. The Customer is obliged to inform Chill Out Experience without delay about facts and circumstances that may be important in connection with the execution of the Agreement.
10.5. The Client must ensure in a timely manner a suitable space where the In-company Training can take place.
10.6. The Customer must provide the facilities reasonably desired by Chill Out Experience at the location where the In-company Training is given, free of charge.
10.7. The Client is responsible for the behavior of the Participants during the In-company Training.
10.8. The Customer indemnifies Chill Out Experience against any claims from third parties who suffer damage in connection with the execution of the Agreement and which is attributable to the Customer.
10.9. If the Customer has not, not fully or not timely fulfilled its obligations towards Chill Out Experience, or acts unlawfully towards Chill Out Experience, then the Customer is liable for all damage that Chill Out Experience suffers as a result.
11. Compensation
11.1. The Customer owes Chill Out Experience a one-time fee for access to the Online Training.
11.2. Chill Out Experience and the Customer agree on a fixed price for the In-company Training.
12. Payment options for the Customer being a Consumer
12.1. Payment must be made upon conclusion of the Agreement.
13. Billing to the Customer being a Company and payment
13.1. The Customer will be invoiced afterwards for the In-company Training.
13.2. The invoice is sent to the Customer by e-mail.
13.3. Payment must be made within 30 days of the invoice date.
13.4. If the Customer fails to pay an invoice on time, the Customer is legally in default. The Customer will then owe an interest of 2% per month, unless the statutory commercial interest is higher, in which case the statutory commercial interest is due. The interest on the amount due and payable will be calculated from the moment the Customer is in default until the moment of payment of the full amount owed. In addition, all costs of collection, after the Customer is in default, both judicial and extrajudicial, will be borne by the Customer. The compensation with regard to extrajudicial collection costs is set at at least 15% of the principal sum owed with a minimum of € 150.
13.5. Payments made by the Customer always serve to settle, firstly, all interest and costs owed, and secondly, due and payable invoices that have been outstanding the longest, even if the Customer states that the payment relates to a later invoice.
13.6. In the event of liquidation, bankruptcy, or suspension of payment of the Customer, Chill Out Experience’s claims and the Customer’s obligations towards Chill Out Experience will be immediately due and payable.
14. Liability and limitation
14.1. Chill Out Experience cannot be held to compensate any damage that is a direct or indirect result of:
- An event that is in fact beyond his control and thus cannot be attributed to his actions and/or omissions, as described in Article 15;
- Any act or omission of the Customer or the Participant.
14.2. The Customer is responsible under all circumstances for the correctness and completeness of the data supplied by him. Chill Out Experience is never liable for any damage that is (partly) caused by the fact that the information supplied by the Customer is incorrect and/or incomplete. The Customer indemnifies Chill Out Experience against all claims in this regard.
14.3. Chill Out Experience is not liable for damage resulting from the temporary unavailability of the Online Training.
14.4. Following the Online Training and participating in an In-company Training is entirely at your own risk. Chill Out Experience is not liable for physical, mental or any other damage, both direct and indirect damage, suffered by the Customer or a Participant during and/or as a result of following the Online Training or participating in an In-company Training.
14.5. Chill Out Experience is not liable if following the Online Training or participating in an In-company Training has not led to the result desired by the Customer.
14.6. Chill Out Experience is not liable for damage caused by hackers or a cyber-attack.
14.7. Chill Out Experience is not liable for any damage whatsoever due to incorrect interpretation of the Online Training or the In-company Training.
14.8. Chill Out Experience is not liable for any physical or mental injury caused by following advice given by Chill Out Experience. Any action in response to advice given by Chill Out Experience takes place at your own risk and under your own responsibility. If the Customer or a Participant has doubts as to whether compliance with a certain advice is good for him, he should consult a (medical) specialist.
14.9. Chill Out Experience is never liable for indirect damage, including consequential damage, lost profit, loss of turnover, reputation damage, lost savings, labor costs, damage due to delays, fines imposed and damage due to business interruption.
14.10. If Chill Out Experience should be liable for any damage or if an above-mentioned limitation of liability is not permitted or is declared inapplicable by a court, Chill Out Experience’s liability is limited to the amount paid by Chill Out Experience’s insurer. If in any case the insurer does not pay out or the damage is not covered by the insurance, Chill Out Experience’s liability is limited, insofar as this is not contrary to any mandatory statutory provision, to a maximum of the amount that the Customer has paid for the part of the Agreement to which the liability relates.
14.11. Any legal claim for non-compliance with the Agreement or an act and/or omission on the part of Chill Out Experience lapses 1 year after the Customer has discovered or could reasonably have discovered the damage.
15. Force majeure
15.1. Chill Out Experience is not obliged to implement the Agreement if this is not possible for Chill Out Experience due to a force majeure situation.
15.2. In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in the law and jurisprudence, all external causes, foreseen or unforeseen, on which Chill Out Experience has no influence, but because of which Chill Out Experience is unable to fulfill obligations. Force majeure is in any case – but not exclusively – understood to mean: a shortcoming of an engaged third party, malfunction in a service or software of a third party, epidemics, pandemic, quarantine, traffic obstructions, weather influences, government measures, power failure, war, terrorism, riots, fire, theft, data loss as a result of computer failure, virus infection or computer intrusion by third parties, strikes, illness or personal (family) circumstances of the natural person who performs or is required to perform the Agreement on behalf of Chill Out Experience, as well as any other situation in which Chill Out Experience cannot exercise control.
15.3. If the execution of the Agreement is temporarily impossible due to force majeure, this does not entitle the Customer, being a Company, to dissolve or cancel the Agreement free of charge. In the event of a temporary impossibility to perform the Agreement due to force majeure, Chill Out Experience is authorized to adjust the Agreement in such a way, so that execution is possible.
16. Intellectual property rights
16.1. The intellectual property rights to the Materials, the Online Training and the In-company Training are vested in Chill Out Experience.
16.2. The Customer must always respect the intellectual property rights of Chill Out Experience.
16.3. Without Chill Out Experience’s prior Written permission, it is not permitted to edit, reproduce, make public, in any medium whatsoever or make available to third parties, any Material or content published in the Online Training in whole or in part, whether or not for a fee.
16.4. The Customer, being a Company, is only permitted to use the Materials within its own organization and within the framework of the Agreement.
16.5. It is not allowed to remove or change any indication regarding (copy) rights from the Materials.
16.6. If the Customer acts in violation of the intellectual property rights of Chill Out Experience, the Customer is liable for all damage that Chill Out Experience suffers as a result, including loss of turnover.
16.7. If Chill Out Experience knows or suspects that the Customer, being a Consumer, is acting in violation of the intellectual property rights of Chill Out Experience, Chill Out Experience has the right to block access to the Online Training, without the Customer being able to claim on compensation.
17. Confidentiality
17.1. Both parties are obliged to maintain the confidentiality of all confidential information that they have obtained from each other or from another source in the context of their Agreement. Information is considered confidential if this has been communicated by the other party or if this results from the nature of the information. The party receiving confidential information will only use it for the purpose for which it was provided.
17.2. If, on the basis of a statutory provision or a court decision, Chill Out Experience is obliged to provide confidential information to a third party designated by the law or the competent court and Chill Out Experience cannot invoke a legal or statutory recognized or permitted right of non-disclosure, Chill Out Experience is not obliged to pay compensation and the Customer is not entitled to dissolve the Agreement on the basis of any damage caused by this.
18. Personal data
18.1. Chill Out Experience processes personal data in accordance with the General Data Protection Regulation (GDPR). For more information about the processing of personal data, the Customer can consult the privacy policy of Chill Out Experience, see https://paleostressmanagement.com/privacy-policy.
19. Questions and complaints
19.1. For a question and/or complaint, Chill Out Experience can be contacted via the About page.
19.2. Questions and/or complaints are handled by Chill Out Experience as soon as possible.
19.3. After submitting the complaint, the Customer must give Chill Out Experience the opportunity to investigate the merits of the complaint and, if necessary, give it the opportunity to still perform the agreed work. If the performance of the agreed work is no longer possible or useful, Chill Out Experience will only be liable within the limits of Article 14 of these general terms and conditions.
20. Suspension and dissolution
20.1. Chill Out Experience is entitled to suspend the execution of the Agreement with immediate effect if:
- After concluding the Agreement Chill Out Experience has come to know of circumstances that give good grounds to fear that the Customer will not fulfill its obligations;
- The Customer does not fulfill his obligations towards Chill Out Experience.
20.2. The Customer will be notified of the suspension described in Article 20.1 by means of a Written statement.
20.3. Chill Out Experience is authorized to dissolve the Agreement by means of a Written statement if the Customer does not or does not fully comply with the obligations under the Agreement and the Customer has not responded to a sent notice of default. If compliance is permanently impossible, a notice of default may be omitted.
20.4. Chill Out Experience is furthermore authorized to dissolve the Agreement by means of a Written statement if circumstances arise of such a nature that fulfillment of the Agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if other circumstances arise which are of such a nature that unaltered maintenance of the Agreement cannot reasonably be expected.
20.5. Chill Out Experience is authorized to dissolve the Agreement by means of a Written statement, if the Client requests suspension of payments or if this is granted to the Client, if the Client is declared bankrupt or a request is submitted to that effect, if the Client is unable to pay his debts, terminate or liquidate his business, is placed under guardianship or in the event of an administrator being appointed.
20.6. If the Agreement is dissolved or the execution of the Agreement is suspended, then all until the moment of the dissolution resp. suspension of work performed by Chill Out Experience will be charged to the Customer.
20.7. If Chill Out Experience proceeds to suspension or dissolution, it is in no way obliged to compensate damage and costs incurred in any way.
20.8. Chill Out Experience always reserves the right to claim compensation.
21. Expiration period
21.1. Insofar as not provided otherwise in these general terms and conditions, the Customer’s rights of action for whatever reason vis-à-vis Chill Out Experience will in any case expire after 1 year after the moment at which the Customer became aware or could reasonably have been aware of the existence of these rights.
22. Applicable law and competent court
22.1. Dutch law applies to these general terms and conditions, to the Agreement and to all legal acts between the Customer and Chill Out Experience.
22.2. The parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.
22.3. All disputes between the Customer and Chill Out Experience will be adjudicated by the competent court in the Netherlands within whose jurisdiction Chill Out Experience is located. The Customer, being a Consumer, has the option within 1 month after Chill Out Experience has invoked this article in Writing to opt for the settlement of the dispute before the competent court according to the law.