TERMS AND CONDITIONS

               General Terms and Conditions

  Warisan International Martial Arts Academy

Definitions

• Warisan International Martial Arts Academy, established in The Hague (Den Haag) the Netherlands, Chamber of Commerce no. 01150172
• Customer: The Person with whom Warisan International Martial Arts Academy has entered into an agreement.
• Parties: Warisan International Martial Arts Academy and Customer together.
• Consumer: A customer who is an individual acting for private purposes.

Applicability

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

Prices

• All prices used by Warisan International Martial Arts Academy 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.
• Warisan International Martial Arts Academy is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
• Increases in the cost prices of products or parts thereof, which Warisan International Martial Arts Academy could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
• The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.

Samples / Models

• If the customer has received a sample or model of a product, he can not derive any rights from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the product be supplied conform to the sample or model.

Payments and payment term

• Warisan International Martial Arts Academy may, at the conclusion of the agreement, that the customer must pay the full amount of 100% in advance.
• Payment terms are considered as fatal payment terms, without paying the full amount in advance the order will not being shipped out.
• After receiving the payment, we will send a confirmation email about your order and the order will be shipped as soon as possible with tracking code.

Right of cancellation

• A costumer may cancel an online purchase during a reflection period of 14 days without giving any reason, provided that,
• The product has not been used
• The product is not specially tailored for the consumer or its special needs (If it's not a custom made product)
• The product is not damaged
• The costumer has not renounced his right of cancellation
• The reflection period of 14 days as referred to in paragraph 1 commences:
• On the day after the customer has received the last product or part of order 1
• As soon as the customer has received the product of a subscription
• As soon as the customer has purchased a service for the first time
• As soon as the customer has confirmed the purchase of digital content via the internet
• The customer can notify his right of cancelling via info@warisanmartialarts.com, if desired by using the withdrawal from that can be downloaded via the website of Warisan International Martial Arts Academy, www.warisanmartialarts.com
• The customer is obliged to return the product to Warisan International Martial Arts Academy within 14 days after the notification of his right of cancelling, after which period his right of cancellation will lapse
• The costs for returning are due Warisan International Martial Arts Academy if the complete order is returned.
• If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, Warisan International Martial Arts Academy will refund these costs to the customer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the customer has returned the product to Warisan International Martial Arts Academy in time.
• The product which is going to be returned by the customer need to be returned with a track and trace code. This is the only way what is acceptable and the only way that the customer has the right for any refund.

Suspension of obligations by the customer

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

Right of retention

• Warisan International Martial Arts Academy can appeal to his right of retention of title and in that case retain the products sold by Warisan International Martial Arts Academy to the customer until the customer has paid all outstanding invoices with regard to Warisan International Martial Arts Academy.
• The right of retention of title also applies on the basis of previous agreement from which the customer still owes payments to Warisan International Martial Arts Academy.
• Warisan International Martial Arts Academy is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

Settlement

The customer waives his right to settle any debt to Warisan International Martial Arts Academy with any claim on Warisan International Martial Arts Academy.

Retention of title

• Warisan International Martial Arts Academy remains the owner of all products until the customer has fully complied with all its payment obligations with regard to Warisan International Martial Arts Academy under whatever agreement with Warisan International Martial Arts Academy including of claims regarding the shortcomings in the performance.
• Until then, Warisan International Martial Arts Academy can invoke its retention of title and put the goods on hold.
• If Warisan International Martial Arts Academy invokes its retention of title, the agreement will be dissolved and Warisan International Martial Arts Academy has the right to claim compensation, lost profits and interest.

Delivery

• Delivery takes place while stocks last.
• Delivery takes place at Warisan International Martial Arts Academy unless the parties have agreed upon otherwise.
• Delivery of products ordered online takes place at the address indicated by the customer.
• If the agreed price is not paid on time, Warisan International Martial Arts Academy has the right to suspend its obligations until the agreed price is fully paid.
• In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by Warisan International Martial Arts Academy.

Delivery period

• Any delivery period specified by Warisan International Martial Arts Academy is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
• The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Warisan International Martial Arts Academy.
• Exceeding the specified delivery period does entitle the customer to compensation or the right to terminate the contract, unless Warisan International Martial Arts Academy cannot deliver within [number of days late] or if the parties have agreed upon otherwise.

Actual delivery

The customer must ensure that the actual of the products ordered by him can take place in time.

Transport costs

Transport costs are on behalf of the customer and destination/location, unless the parties have agreed upon otherwise.

Packaging and shipping

• If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Warisan International Martial Arts Academy may not be held liable for any damage.
• If the customer himself takes care of the transport of a product, he must report any visible damage to the product or the packaging prior to the transport to Warisan International Martial Arts Academy, failing which Warisan International Martial Arts Academy cannot be held liable for any damage.

Guarantee

• The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
• The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.
• The risk of loss, damage or theft of the product that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who received the product for the benefit of the customer.

Exchange

• Exchange is only possible if the following conditions are met:
• Exchange takes place within 14 days after purchase upon presentation of the original invoice.
• The product is returned in the original packaging or with the original (price) tags still attached to it.
• The product has not been used
• Discounted items, non-shelf articles, custom made items or specially adapted articles for the customer cannot be exchanged.

Cancellation of the contract for an indefinite period of time

• Warisan International Martial Arts Academy offers a one (1) year contract for martial arts trainings with an agreement for the amount of hours per month going up from 2 hours per week up to unlimited which Warisan International Martial Arts Academy offers on hours martial arts training per month in Warisan International Martial Arts Academy.
• The customer can terminate an agreement that has been concluded for an indefinite period at any time with due observance of a notice period of two (2) months.

Indemnity

The customer indemnifies Warisan International Martial Arts Academy against all third-party claims that are related to the products and/or supplied by Warisan International Martial Arts Academy

Complaints

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

Giving notice

• The customer must provide any notice of default to Warisan International Martial Arts Academy in writing.
• t is responsibility of the customer that a notice of default actually reaches Warisan International Martial Arts Academy (in time).

Joint and several Customer liabilities

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

Liability ofWarisanInternationalMartial Arts Academy

• Warisan International Martial Arts Academy is only liable for any damage the customer suffers if and insofar as this damage is caused by gross negligence
• If Warisan International Martial Arts Academy is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
• Warisan International Martial Arts Academy is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage/ injuries to third parties.
• If Warisan International Martial Arts Academy 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.
• All images, photos, colours, drawings, descriptions on the website or in a catalogue are only indicative and are only approximate and cannot lead to any compensation and/ or (partial) dissolution of the agreement and/or suspension of any obligation.
• Liability: It is forbidden for the undersigned or registered participant to participate in lessons / seminars in case of doubt about good health, and to practice what has been learned outside the lessons / seminar or school / association / academy. Lessons taught by the Warisan "International Martial Arts Academy" are always given at the risk of the participants themselves.
• Warisan "International Martial Arts Academy" and associated assistant are never liable / responsible for any injuries or damage incurred and are never obliged to pay compensation of any kind whatsoever, expressly even if caused by or not hidden lack of services and / or materials supplied, in connection with which the undersigned hereby already for the time being also waives rights to take any action in the broad sense of the word. The participant must be at least 16 years old to participate in the Warisan "International Martial Arts Academy" following the adult classes. You are also responsible for protective equipment such as safety goggles (this is required) ,groin protector, knee pads and if you find it necessary forearm protectors. Safety glasses are available at Warisan "International Martial Arts Academy" (Marcel Horstman) for a payment of € 15, -
• You are also responsible for the necessary training material such as training Knife / knives, Bastons (arnis sticks), Tapado / Bo (Long staff), Flexible weapon (Scarf, sarong), Machete, Kerambit / Karambit, Kobutan stick, sickles (kama's), Hatchet (Axe ) and all other weapons that we will use in the future.

Expiry period

Every right of the customer to compensation from Warisan International Martial Arts Academy 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.

Article 6:89

Loss of all rights when the creditor hasn't complained timely
The creditor cannot appeal to an imperfection (fault) in the received performance if he has not with convenient speed complained about it to the debtor after he has discovered that imperfection (fault) or after he reasonably should have discovered it.

Dissolution

• The customer has the right to dissolve the agreement if Warisan International Martial Arts Academy imputably fails in the fulfilment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
• Warisan International Martial Arts Academy has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfil his obligations under the agreement, or if circumstances give Warisan International Martial Arts Academy good grounds to fear that the customer will not be able to fulfil his obligations properly.

Force majeure

• In addition to the provisions of article 6:75 of the Dutch Civil Code, a shortcoming of Warisan International Martial Arts Academy in the fulfilment of any obligation to the customer cannot be attributed to Warisan International Martial Arts Academy in any situation independent of the will of Warisan International Martial Arts Academy, when the fulfilment of its obligations towards the customer is prevented in whole or in part or when the fulfilment of its obligations cannot reasonably be required from Warisan International Martial Arts Academy.

Article 6:75

Legal excuse for a non-performance (force majeure)
A non-performance cannot be attributed to the debtor if he is not to blame for it nor accountable for it by virtue of law, a juridical act or generally accepted principles (common opinion)

• 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); 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.
• If a situation of force majeure arises as a result of which Warisan International Martial Arts Academy cannot fulfil one of more obligations towards the customer, these obligations will be suspended until Warisan International Martial Arts Academy can comply with it.
• From the moment that force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
• Warisan International Martial Arts Academy 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

• Warisan International Martial Arts Academy 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 discussed by Warisan International Martial Arts Academy with the customer in advance as much as possible.
• Customers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Transfer of rights

• The customer can not transfer its rights deferring from an agreement with Warisan International Martial Arts Academy to third parties without the prior written consent of Warisan International Martial Arts Academy.
• 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

• 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.
• A provision that is null or annullable shall, in that case, be replace by a provision that comes closest to what Warisan International Martial Arts Academy had in mind drafting the conditions on that issue.

Applicable law and competent court

• Dutch law is exclusively applicable to all agreements between the parties.
• The Dutch court in the district where Warisan International Martial Arts Academy is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

            Drawn up 30/03/2020