Terms & Conditions

Definitions
1. SportMatchCoaching: SportMatchCoaching, established in Breda, Chamber of Commerce no. KvK-Nr 76985156.
2. Customer: the person with whom SportMatchCoaching has entered into an agreement.
3. Parties: SportMatchCoaching and customer together.
4. Consumer: a customer who is an individual acting for private purposes.

Applicability
1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or
on behalf of SportMatchCoaching.
2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of
third parties.

Offers and quotations
1. Offers and quotations from SportMatchCoaching are without engagement, unless expressly stated otherwise.
2. An offer or quotation is valid for a maximum period of 2 weeks from its date, unless another acceptance period is stated in the offer or
quotation.
3. If the customer does not accept an offer or quotation within the applicable time frame, the offer or quotation will lapse.
4. Offers and quotations do not apply to repeated orders, unless the parties have agreed upon this explicitly and in writing.

Acceptance
1. Upon acceptance of a quotation or offer without engagement, SportMatchCoaching reserves the right to withdraw the quotation or offer
within 3 days after receipt of the acceptance, without any obligations towards the customer.
2. Verbal acceptance of the customer only commits SportMatchCoaching after the customer has confirmed this in writing (or
electronically).

Prices
1. All prices used by SportMatchCoaching are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs,
levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
2. SportMatchCoaching is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any
time.
3. Parties may agree on a no-cure no-pay base payment.  Conditions of payment and fees will be agreed upon on in the underlying contract.

Consequences of late payment
1. If the customer does not pay within the agreed term, SportMatchCoaching is entitled to charge an interest of 1% per month from the day
the customer is in default, whereby a part of a month is counted for a whole month.
2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation
to SportMatchCoaching.
3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
4. If the customer does not pay on time, SportMatchCoaching may suspend its obligations until the customer has met his payment
obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims
of SportMatchCoaching on the customer are immediately due and payable.
6. If the customer refuses to cooperate with the performance of the agreement by SportMatchCoaching, he is still obliged to pay the agreed
price to SportMatchCoaching.

Suspension of obligations by the customer

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Settlement
The customer waives his right to settle any debt to SportMatchCoaching with any claim on SportMatchCoaching.

Insurance
1. The customer undertakes to insure and keep insured the following items adequately against fire, explosion and water damage as well as
theft:
o goods delivered that are necessary for the execution of the underlying agreement
o goods being property of SportMatchCoaching that are present at the premises of the customer
o goods that have been delivered under retention of title
2. At the first request of SportMatchCoaching , the customer provides the policy for these insurances for inspection.

Guarantee

When parties have entered into an agreement with services included, these services only contain best-effort obligations
for SportMatchCoaching, not obligations of results.

Performance of the agreement
1. SportMatchCoaching executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good
workmanship.
2. SportMatchCoaching has the right to have the agreed services (partially) performed by third parties.
3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed
advance by the customer.
4. It is the responsibility of the customer that SportMatchCoaching can start the implementation of the agreement on time.
5. If the customer has not ensured that SportMatchCoaching can start the implementation of the agreement in time, the resulting additional
costs and/or extra hours will be charged to the customer.

Duty to inform by the customer
1. The customer shall make available to SportMatchCoaching all information, data and documents relevant to the correct execution of the
agreement to in time and in the desired format and manner.
2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if
they originate from third parties, unless otherwise ensuing from the nature of the agreement.
3. If and insofar as the customer requests this, SportMatchCoaching will return the relevant documents.
4. If the customer does not timely and properly provides the information, data or documents reasonably required
by SportMatchCoaching and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will
be charged to the customer.

Duration of the agreement
1. The agreement between SportMatchCoaching and the customer is entered into for the duration of 1 years, unless it results otherwise
from the nature of the agreement or if the parties have expressly agreed otherwise in writing.
2. If a fixed-term contract has been entered into, it will be tacitly converted into an open-ended contract at the end of the term, unless 1 of
the parties terminates the contract with due observance of a notice period of 2 month(s), or if a consumer terminates the agreement with
due observance of a notice period of 1 month / the agreement ends at the end of the fixed term.
3. If the parties have agreed upon a term for the completion of certain activities, this is never a strict deadline, unless specified explicitly
otherwise in writing. If this term is exceeded, the customer must give SportMatchCoaching a written reasonable term to terminate the
activities, before it may either terminate the contract or claim damages.

Intellectual property
1. SportMatchCoaching retains all intellectual property rights (including copyright, patent rights, trademark rights, design and design
rights, etc.) on all designs, drawings, writings, data carriers or other information, quotations, images, sketches, models, scale models,
etc., unless parties have agreed otherwise in writing.
2. The customer may not copy or have copied the intellectual property rights without prior written permission from SportMatchCoaching,
nor show them to third parties and / or make them available or use them in any other way.

Confidentiality

1. The client keeps any information he receives (in whatever form) from SportMatchCoaching confidential.
2. The same applies to all other information concerning SportMatchCoaching of which he knows or can reasonably suspect that it is secret
or confidential, or of which it can expect that its disclosure may cause damage to SportMatchCoaching.
3. The customer takes all necessary measures to ensure that he keeps the information referred to in paragraphs 1 and 2 secret.
4. The obligation of secrecy described in this article does not apply to information:
o which was already made public before the customer heard this information or which later became public without being the
result of a violation of the customer's duty to confidentiality
o which is made public by the customer due to a legal obligation
5. The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years
after the end thereof.

Penalties
1. If the customer violates the articles of these general terms and conditions about secrecy or intellectual property, then he forfeits on
behalf of SportMatchCoaching an immediately due and payable fine of € 1.000 for each violation and in addition an amount of 5% of
the aforementioned amount for each day that this violation continues.
2. No actual damage, prior notice of default or legal proceedings are required in forfeiting the fine referred to in the first paragraph of this
article.
3. The forfeiture of the fine referred to in the first paragraph of this article shall not affect the other rights
of SportMatchCoaching including its right to claim compensation in addition to the fine.
​​​​​
Indemnity

The customer indemnifies SportMatchCoaching against all third-party claims that are related to the products and/or services supplied
by SportMatchCoaching.

Complaints
1. The customer must examine a product or service provided by SportMatchCoaching as soon as possible for possible shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer
must inform SportMatchCoaching of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
3. Consumers must inform SportMatchCoaching of this within two months after detection of the shortcomings.
4. The customer gives a detailed description as possible of the shortcomings, so that SportMatchCoaching is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in any case not lead to SportMatchCoaching being forced to perform other work than has
been agreed.

Giving notice
1. The customer must provide any notice of default to SportMatchCoaching in writing.
2. It is the responsibility of the customer that a notice of default actually reaches SportMatchCoaching (in time).

Joint and several Client liabilities

If SportMatchCoaching enters into an agreement with several customers, each of them shall be jointly and severally liable for the full
amounts due to SportMatchCoaching under that agreement.

Liability of SportMatchCoaching
1. SportMatchCoaching is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross
negligence.
2. If SportMatchCoaching is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an
agreement.
3. SportMatchCoaching is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
4. If SportMatchCoaching 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 (part of the) invoice to
which the liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and can
not lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Expiry period

Every right of the customer to compensation from SportMatchCoaching shall, in any case, expire within 12 months after the event from
which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.

Dissolution
1. The customer has the right to dissolve the agreement if SportMatchCoaching imputably fails in the fulfillment of his obligations, unless
this shortcoming does not justify termination due to its special nature or because it is of minor significance.
2. If the fulfillment of the obligations by SportMatchCoaching is not permanent or temporarily impossible, dissolution can only take place
after SportMatchCoaching is in default.
3. SportMatchCoaching has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his
obligations under the agreement, or if circumstances give SportMatchCoaching good grounds to fear that the customer will not be able
to fulfill his obligations properly.

Force majeure
1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of SportMatchCoaching in the fulfillment of any obligation
to the customer cannot be attributed to SportMatchCoaching in any situation independent of the will of SportMatchCoaching, when the
fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot
reasonably be required from SportMatchCoaching .
2. The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war,
insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected
disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport
problems, bad weather conditions and work stoppages.
3. If a situation of force majeure arises as a result of which SportMatchCoaching cannot fulfill one or more obligations towards the
customer, these obligations will be suspended until SportMatchCoaching can comply with it.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing
in whole or in part.
5. SportMatchCoaching does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as
a result of the force majeure situation.

Modification of the agreement

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the
parties shall timely and in mutual consultation adjust the agreement accordingly.

Changes in the general terms and conditions
1. SportMatchCoaching is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Major changes in content will be discussed by SportMatchCoaching with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Transfer of rights
1. The customer can not transfer its rights deferring from an agreement with SportMatchCoaching to third parties without the prior written
consent of SportMatchCoaching .
2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.

Consequences of nullity or annullability
1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these
terms and conditions.
2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what SportMatchCoaching had
in mind when drafting the conditions on that issue.

Applicable law and competent court
1. Dutch law is exclusively applicable to all agreements between the parties.

2. The Dutch court in the district where SportMatchCoaching is established is exclusively competent in case of any disputes between
parties, unless the law prescribes otherwise.

Drawn up on 1 January 2020

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