Terms and Conditions
ARTICLE 1. | DEFINITIONS
In these general terms and conditions, the following terms, also
conjugated in plural or singular, are used in the following meaning, insofar as the nature or purport of the
present clauses does not dictate otherwise.
1. Marike.life: the user of these general terms and conditions, located at Schinkeldijk 52, 2811 PB
in Reeuwijk, registered in the Trade Register under Chamber of Commerce number 51137496.
2. Other party: any natural or legal person with whom Marike.life has
concluded or intends to conclude an agreement.
3. Consumer: the other party as referred to in the previous paragraph, natural person, not acting in the
exercise of a profession or business.
4. Parties: Marike.life and the other party jointly.
5. Agreement: any agreement concluded between Marike.life and the other party,
with which Marike.life has committed itself towards the other party, at a price agreed upon further,
to provide services and/or the sale and delivery of products.
6. Distance contract: the agreement as referred to in the previous paragraph that
is concluded between Marike.life and the consumer in the context of a system organized by Marike.life for distance
sales or services without the simultaneous personal presence of
Marike.life and consumer and whereby, up to and including the moment of conclusion of the agreement,
only one or more means of distance communication is used. From
a distance contract is in any case present when the agreement between Marike.life and
is closed to consumers through an online store Marike.life.
7. Membership: the agreement as referred to in paragraph 5 in which the parties commit themselves for a certain period of time
or indefinite period towards each other to continuous, recurring or
successive performances, such as in the case of a (personal) training
subscription or continuing performance contract with regard to coaching.
8. Products: all items to
be sold and delivered to the other party by or on behalf of Marike.life in the context of the agreement , such as, but not limited to, food supplements,
training materials, meals, protein bars, etc.
9. Services: all within the framework of the agreement services to be provided by or on behalf of Marike.life,
such as but not limited to (personal) training, lifestyle advice (behavioural) coaching,
nutritional advice and physiotherapy.
10. In writing: to store both traditional written communication and digital communication on
a durable data carrier , such as e-mail communication.
11.Right of dissolution: the legal option offered to the consumer to
to dissolve the distance contract during the statutory cooling-off period of 14 days.
ARTICLE 2. | GENERAL PROVISIONS
1. These general terms and conditions apply to every offer from Marike.life and every
agreement that has been concluded.
2. The applicability of any general terms and conditions of the other party, under whatever
name, is expressly rejected.
3. The provisions of these general terms and conditions can only
be deviated from explicitly and in writing . If and insofar as the provisions of these general terms and conditions deviate from
what the parties have expressly agreed in writing, what the parties have
expressly agreed in writing will prevail .
4. Destruction or nullity of one or more of the provisions of these general terms and conditions does
not affect the validity of the other provisions. In such a case, the parties are obliged
to enter into mutual consultation in order to make an alternative arrangement with regard to the
affected clause. In doing so, the purpose and intent of the original is as much as possible
provision taken into account.
ARTICLE 3. | OFFER AND CONCLUSION OF AGREEMENTS
1. Unless a term of acceptance is stated therein, every offer from Marike.life is without obligation. A
non-binding offer from Marike.life can
be revoked by Marike.life until immediately after its acceptance by the other party.
2. The
other party cannot derive any rights from an offer from Marike.life that contains an obvious error or mistake, as well as from an
offer from Marike.life that is based on incorrect or incomplete information provided by the other party.
3. A composite quotation does not oblige Marike.life to fulfill part of the
offer against a corresponding part of the stated price.
4. Agreements are concluded by offer and acceptance. If the acceptance of the
other party deviates from Marike.life's offer, the agreement will not be concluded in accordance with this
deviating acceptance, unless Marike.life indicates otherwise. In the event of a
distance contract, Marike.life will confirm that agreement
to the consumer by e-mail as soon as possible after its conclusion.
5. If the other party concludes the agreement on behalf of another natural or legal person, it
declares that it is authorized to do so by entering into the agreement. In addition to this (legal) person, the other party is jointly and severally liable for the fulfillment of all obligations arising from that agreement.
ARTICLE 3B. | NEWSLETTER, WHATSAPP AND FACEBOOK COMMUNITY
1. The other party will receive the monthly newsletter when he/she follows a process with Marike or is
otherwise in a contractual relationship with Marike. If the other party objects
to this, it will indicate this in good time, so that no newsletters are sent to the other party.
The other party can unsubscribe from the monthly newsletter at any time.
2. The counterparty who participates in a small group trajectory is placed in a Whatsapp group
to motivate the objectives of the trajectory and to be able to communicate quickly with each other.
Participants who object to this can indicate this and will not be included in the registration upon request
Whatsapp group are posted.
3. The other party will be added to the Marike.life Facebook group for better
progress. If he objects to this, the other party will indicate this in good time, so that he is not added to the
Facebook group. The other party can withdraw from the Facebook group at any time.
ARTICLE 4. | OBLIGATIONS OF THE OTHER PARTY IN GENERAL
1. The other party guarantees that it provides Marike.life, solicited and unsolicited, within a reasonable time with all
data that is reasonably relevant for the design and implementation of the agreement.
2. The other party must also provide Marike.life in a timely manner with all
cooperation required for the execution of the agreement and make all other efforts necessary for
a proper execution of the agreement. The other party takes all reasonable measures to optimize the execution of the agreement
ARTICLE 5. | TRAINING, COACHING AND OTHER SERVICES
1. Before entering into a membership with regard to physiotherapy programs, training or nutrition programs or other programs, Marike.life will provide the other party with an
intake form to be completed by the participant, including a risk analysis ( by telephone and via an online
questionnaire). The other party guarantees that the participant completes this form
completely and truthfully and that the completed form
is made available to Marike.life as soon as possible as required for the implementation of the membership. Marike.life is
is entitled not to enter into or to dissolve the membership if, on the basis of the
information obtained through the intake form, he is of the opinion that following
physiotherapy programs, training or nutrition programs or other programs is
irresponsible for the participant. Even if Marike.life is of the opinion on the basis of the completed intake form
that it is responsible for the participant to participate in the training or nutrition
program, participation is at the participant's own risk. It is at all times the
responsibility of the participant to assess, or to have a medical specialist
assessed, whether there is a medical or other reason why he would not be able to training or nutritional programs.
2. In consultation, the organized training courses, coaching conversations, workshops, lectures and
other services to which a membership relates can be suspended after consultation with
Marike.life and with the consent of Marike.life. However, the participant has a best-efforts obligation
to follow and comply with the training courses, workshops, lectures, appointments and other services of Marike.life as well as possible. In principle, a session will be charged, regardless of whether the participant has attended the session or not. If there is an unsubscribe or if there are
unsubscribes, the scheduled training sessions will still be given. Marike.life can deviate from this
and possibly reschedule the session. Marike.Life does not refund for unfollowed and/or
canceled sessions.
In the case of physiotherapeutic treatments, the other party is obliged to cancel
the appointment at least 24 hours in advance, otherwise Marike.life is forced to charge the costs.
3. Not all training takes place at the same location and not all training is given by an
individual. It is possible that another personal coach, employed by Marike.life, provides the lessons,
General Terms and Conditions Marike.life
trainings, workshops, lectures and other services of Marike.life to which a membership relates, insofar as the nature of the action does not oppose this.
ARTICLE 5. | TRAINING, COACHING AND OTHER SERVICES
1. Before entering into a membership with regard to physiotherapy programs, training or nutrition programs or other programs, Marike.life will provide the other party with an intake form to be completed by the participant, including a risk analysis ( by telephone and via an online
questionnaire). The other party guarantees that the participant completes this form completely and truthfully and that the completed form is made available to Marike.life as soon as possible as required for the implementation of the membership. Marike.life is entitled not to enter into or to dissolve the membership if, on the basis of the
information obtained through the intake form, he is of the opinion that following physiotherapy programs, training or nutrition programs or other programs is
irresponsible for the participant. Even if Marike.life is of the opinion on the basis of the completed intake form
that it is responsible for the participant to participate in the training or nutrition program, participation is at the participant's own risk. It is at all times the
responsibility of the participant to assess, or to have a medical specialist assessed, whether there is a medical or other reason why he would not be able to
training or nutritional programs.
2. In consultation, the organized training courses, coaching conversations, workshops, lectures and
other services to which a membership relates can be suspended after consultation with
Marike.life and with the consent of Marike.life. However, the participant has a best-efforts obligation
to follow and comply with the training courses, workshops, lectures, appointments and other services of Marike.life as well as possible. In principle, a session will be charged, regardless of whether the participant has attended the session or not. If there is an unsubscribe or if there are
unsubscribes, the scheduled training sessions will still be given. Marike.life can deviate from this
and possibly reschedule the session. Marike.Life does not refund for unfollowed and/or
canceled sessions.
In the case of physiotherapeutic treatments, the other party is obliged to cancel
the appointment at least 24 hours in advance, otherwise Marike.life is forced to charge the costs.
3. Not all training takes place at the same location and not all training is given by an
individual. It is possible that another personal coach, employed by Marike.life, provides the lessons,
General Terms and Conditions Marike.life
trainings, workshops, lectures and other services of Marike.life to which a membership
relates, insofar as the nature of the action does not oppose this.
ARTICLE 5B | SMALL GROUP TRAINING
1. The small group training courses are
offered and sold as one inseparable whole , just like all other types of training . It is not possible to exchange individual lessons for money.
Marike.Life does not refund money for training courses that have not been followed and/or have been canceled. If there is one unsubscribe or if there are several unsubscribes, the scheduled training courses will in principle still be given. Marike.Life can deviate from this and make agreements with the participant.
2. Due to the open and accessible nature of small group training, Marike.Life does not guarantee
that every participant will make the same amount of progress. Because the training sessions for everyone's level
accessible, there is a chance that one participant will improve/faster and the other will
not/less. Marike.Life has a duty of effort to ensure that everyone makes the best possible progress
, regardless of the participant's sport level.
3. For small group courses of 6 people, Marike.life reserves the right to reschedule a training course
with 3 or more cancellations.
4. A participant who misses a lesson(s) of the small group trajectory, reserves the right to make up a maximum of 2
missed sessions with another group.
ARTICLE 6. | DURATION
1. Unless expressly agreed otherwise, a membership is entered into for a 1, 3
or 5 month trajectory.
ARTICLE 8. | RIGHT OF TERMINATION IN DISTANCE AGREEMENTS
1. Subject to the provisions of the following article and the rest of this article, the consumer is
entitled to terminate the distance contract, if that agreement relates to the
provision of services. 14 days after its creation, without stating reasons,
to dissolve it in whole or in part. This is not possible if a service has already been provided.
Services
2. Performance of the distance contract for the provision of services within the cooling-off period as
referred to in the previous paragraph will only take place at the express request of the consumer.
3. If the distance contract for the provision of services is fulfilled within the
reflection period as referred to in paragraph 1, the consumer declares when entering into the
distance contract that he waives his right of termination as soon as the agreement has been concluded by Marike.life
has been fulfilled.
4. When exercising the right of dissolution after a request from the consumer as referred to in paragraph 2,
the consumer owes Marike.life an amount that is proportional to that part of the contract that has been fulfilled by Marike.life at the time of exercising the right of
dissolution, compared to the full fulfillment of the contract. The proportional amount that
the consumer must pay to Marike.life is calculated on the basis of the total price as
expressly agreed. If the total price is excessive, the prorated amount will be calculated based on the market value of the portion of the distance contract that has been
performed.
Settlement
5. The consumer can make use of his right of termination
by submitting a request
to Marike.life by e-mail or by using the model withdrawal form offered by Marike.life As soon as Marike .life has been informed of the intention of the consumer
to dissolve the distance contract, Marike.life will confirm the termination
by e-mail as soon as possible .
6. Marike.life will send the payments received from the consumer minus any depreciation
and any costs as referred to in paragraph 4 and the last two sentences of paragraph 7, as soon
as possible, but at the latest within 14 days after dissolution of the distance contract. the
refund the consumer, provided that in the case of a consumer purchase, the products have been received back by Marike.life , or it has been demonstrated by the consumer that the products have actually been
returned.
ARTICLE 6. | DURATION
1. Unless expressly agreed otherwise, a membership is entered into for a 1, 3 or 5 month trajectory.
ARTICLE 8. | RIGHT OF TERMINATION IN DISTANCE AGREEMENTS
1. Subject to the provisions of the following article and the rest of this article, the consumer is
entitled to terminate the distance contract, if that agreement relates to the
provision of services. 14 days after its creation, without stating reasons,
to dissolve it in whole or in part. This is not possible if a service has already been provided.
Services
2. Performance of the distance contract for the provision of services within the cooling-off period as
referred to in the previous paragraph will only take place at the express request of the consumer.
3. If the distance contract for the provision of services is fulfilled within the
reflection period as referred to in paragraph 1, the consumer declares when entering into the
distance contract that he waives his right of termination as soon as the agreement has been concluded by Marike.life
has been fulfilled.
4. When exercising the right of dissolution after a request from the consumer as referred to in paragraph 2,
the consumer owes Marike.life an amount that is proportional to that part of the
obligation that has been fulfilled by Marike.life at the time of exercise of the right of
rescission, compared to the full fulfillment of the obligation. The proportional amount that
the consumer must pay to Marike.life is calculated on the basis of the total price as
expressly agreed. If the total price is excessive, the prorated amount will be
calculated based on the market value of the portion of the distance contract that has been
performed.
Settlement
5. The consumer can make use of his right of cancellation
by submitting a request
to Marike.life by e-mail or by using the model withdrawal form offered by Marike.life. As soon as Marike.life has been notified of the intention of the consumer
to dissolve the distance contract, Marike.life will confirm the dissolution as soon as possible
by e-mail.
6. Marike.life will send the payments received from the consumer minus any depreciation
and any costs as referred to in paragraph 4 and the last two sentences of paragraph 7, as soon
as possible, but at the latest within 14 days after dissolution of the distance contract.
refund the consumer, provided that in the case of a consumer purchase, the products have been returned by Marike.life
, or it has been demonstrated by the consumer that the products have actually been
returned.
ARTICLE 10. | EXCLUSION OF THE RIGHT OF TERMINATION
The consumer has no right of dissolution in case of:
a) a distance contract for the provision of services, after fulfillment of the
distance contract, if:
1. the fulfillment has started with explicit prior consumer consent;
and
2. the consumer has declared to waive his right of dissolution as soon as
Marike.life has fulfilled the distance contract.
b) a consumer purchase concerning:
1. the supply of products manufactured according to the consumer's specifications, which are not
prefabricated and which are manufactured on the basis of an individual choice or
decision of the consumer, or which are clearly intended for a specific person;
2. the supply of products that spoil quickly or that have a limited shelf life;
3. the delivery of products that are not suitable for return for reasons
of health protection or hygiene and of which the seal has been
broken after delivery ;
4. the delivery of products that are irrevocably mixed with
other items after delivery due to their nature ;
5. the delivery of audio and video recordings and computer software of which the
seal has been broken after delivery;
6. the delivery of newspapers, periodicals or magazines, with the exception of a
distance contract for the regular delivery of such publications.
c) the supply of digital content which is not supplied on a tangible medium, insofar as the
fulfillment has started with the express prior consent of the consumer and the
consumer has declared that he thereby waives his right of cancellation;
d) an agreement in which the right of dissolution is otherwise
excluded pursuant to Section 6.5.2B of the Dutch Civil Code.
ARTICLE 10. | EXCLUSION OF THE RIGHT OF TERMINATION
The consumer has no right of dissolution in case of:
a) a distance contract for the provision of services, after fulfillment of the
distance contract, if:
1. the fulfillment has started with explicit prior consumer consent;
and
2. the consumer has declared to waive his right of dissolution as soon as
Marike.life has fulfilled the distance contract.
b) a consumer purchase concerning:
1. the supply of products manufactured according to the consumer's specifications, which are not
prefabricated and which are manufactured on the basis of an individual choice or
decision of the consumer, or which are clearly intended for a specific person;
2. the supply of products that spoil quickly or that have a limited shelf life;
3. the delivery of products that are not suitable for return for reasons
of health protection or hygiene and of which the seal has been
broken after delivery ;
4. the delivery of products that are irrevocably mixed with
other items after delivery due to their nature ;
5. the delivery of audio and video recordings and computer software of which the
seal has been broken after delivery;
6. the delivery of newspapers, periodicals or magazines, with the exception of a
distance contract for the regular delivery of such publications.
c) the supply of digital content which is not supplied on a tangible medium, insofar as the
fulfillment has started with the express prior consent of the consumer and the
consumer has declared that he thereby waives his right of cancellation;
d) an agreement in which the right of dissolution is otherwise
excluded pursuant to Section 6.5.2B of the Dutch Civil Code.
ARTICLE 11. | FORCE MAJEURE
1. Marike.life is not obliged to fulfill any obligation under the agreement if and
for as long as it is prevented from doing so by a circumstance that cannot be allowed to it under the law, a
legal act or generally accepted standards. are
attributed.
2. Insofar as the force majeure situation makes the fulfillment of the agreement permanently impossible,
the parties are entitled to dissolve the agreement with immediate effect.
3. If Marike.life has already partially fulfilled its
obligations when the force majeure situation occurs , or can only partially fulfill its obligations, it is
is entitled to separately charge the already performed part or executable part of the
agreement as if it were an independent
agreement, except insofar as the already performed part or
executable part of the agreement does not reasonably have an independent value.
4. Without prejudice to the application of the previous paragraph, damage as a result of force majeure is never
eligible for compensation.
ARTICLE 12. | SUSPENSION AND TERMINATION
1. Marike.life is authorized, if the circumstances justify this,
to suspend the execution of the agreement or to
dissolve the agreement in whole or in part with immediate effect , if and insofar as the other party fulfills its obligations under does not, not
timely or not fully comply with the agreement, or circumstances that have
come to the attention of Marike.life after the conclusion of the agreement give good reason to fear that the other party
will not fulfill its obligations .
2. If the other party is in a state of bankruptcy,
has applied for a (provisional) suspension of payments , the Natural Persons Debt Rescheduling Act applies to it
declared, any attachment has been placed on its goods or in cases in which the other party cannot otherwise
freely dispose of its assets, Marike.life is entitled
to dissolve the agreement with immediate effect, unless the other party has already provided adequate security for the
payment.
3. Marike.life is furthermore entitled to dissolve the agreement if circumstances
arise of such a nature that fulfillment of the agreement is impossible or
unaltered maintenance thereof cannot reasonably be expected of him.
4. The other party will never claim any form of compensation in connection with the
right of suspension or termination exercised by Marike.life under this article, on the
understanding that if the circumstances that led to the termination of the agreement are
reasonably at risk from Marike.life, the other party at most claims
a refund or remission of the price in proportion to the amount resulting from the
dissolution of part of the agreement that has not been delivered or that has not been performed.
5. Insofar as this can be attributed to it, the other party is obliged
to compensate the damage that Marike.life suffers as a result of the suspension or dissolution of the agreement.
6. If Marike.life dissolves the agreement on the basis of this article, all claims against the
other party are immediately due and payable.
ARTICLE 13. | PRICES AND PAYMENTS
1. Marike.life's offer states the most accurate possible statement of the price factors.
Unless expressly stated otherwise, all prices quoted by Marike.life are exclusive of VAT, on
the understanding that in relation to consumers, prices are (also) including VAT.
2. Marike.life is entitled to change the agreed prices of memberships.
Marike.life will notify the other party in writing of a price increase. An increase in the
price will not come into effect for the other party until it has had the opportunity to
cancel the membership before the price increase came into effect.
3. Marike.life can agree with the customer to handle full prepayment.
4. As long as the other party is in default towards Marike.life with the fulfillment of a
payment obligation resting on it , Marike.life is not obliged to (further) implement the
agreement.
5. Payments must be made in the agreed manner and within the
term stated by Marike.life. If the method of payment has not been agreed, Marike.life is
entitled to determine this method afterwards.
6. In the event that automatic collection of payments has been agreed, the other party will
owe reasonable administration costs if a payment is reversed or
cannot be collected automatically for other reasons . In that case Marike.life can claim the outstanding payment,
including the administration costs referred to here, by bank transfer.
7. The other party is
always obliged to pay without set-off , except insofar as the law precludes this for the benefit of consumers .
8. In the event of liquidation, bankruptcy, applicability of the Debt Rescheduling Natural Persons
or suspension of payment of the other party, the claims against the other party are immediately
due and payable.
9. Marike.life is entitled to make the invoices due to the other party
available to it exclusively by e-mail/in its mobile application.
10. If timely payment is not made, the other party will be in default by operation of law.
From the day that the default of the other party occurs, the other party
owes an interest of 1% per month on the outstanding amount, whereby part of a
month is regarded as a full month. Contrary to the previous sentence
, the statutory interest applies instead of the contractual interest referred to therein if the other party acts in the capacity
of a consumer.
11.All reasonable costs, both judicial, extrajudicial and execution costs, incurred to
obtain amounts owed by the other party, are for its account, on the
understanding that the provisions of the
Collection Costs Act will not be deviated from to the detriment of the consumer .
12. In the event of payment default by a consumer, Marike.life will not charge additional costs , contrary to the provisions of paragraphs 6 and 10, until after the consumer has
been summoned in vain to pay within a period of at least 14 days. to proceed with payment.
ARTICLE 14. | LIABILITY AND INDEMNITY
1. Marike.life provides its services to the best of its knowledge and ability and in accordance with the requirements that
may be imposed on a competent colleague. Insofar as the nature or intent of the
agreement does not necessarily preclude this, Marike.life only commits itself
to a best efforts obligation and cannot guarantee the achievement of the results that the
other party intended to achieve when entering into the agreement.
2. Marike.life bears no liability for damage for which the manufacturer or importer of the
products should bear the damage under the legal regulation of
product liability .
3. The other party bears the damage caused by inaccuracies in the information provided by it
, any other shortcoming in the fulfillment of the obligations of the other party
arising from the law or the agreement, as well as any other circumstance that cannot be attributed to
Marike.life imputed.
4. Marike.life's liability for repairable damage does not exist until the
other party has given Marike.life the opportunity to repair this damage, failing
which Marike.life will not be liable in any way.
5. Marike.life is, without prejudice to the provisions of the rest of these general terms and conditions and in
particular the following paragraph, only liable towards the other party for direct damage
that the other party suffers as a result of an attributable shortcoming of Marike.life in the
fulfillment of its obligations under the agreement. Attributable shortcoming
is understood to mean a shortcoming that a good and careful colleague can and
should avoid, all this with due observance of normal vigilance and the
professional knowledge and resources required for the execution of the agreement.
6. Marike.life is never liable for indirect damage, including lost
profit, loss suffered and damage as a result of business interruption . Direct damage is
exclusively understood to mean:
- the reasonable costs to determine the cause and extent of the damage, insofar as the
determination relates to damage that
qualifies for compensation within the meaning of these general terms and conditions ;
- any reasonable costs incurred to have Marike.life's defective performance comply with the
agreement, insofar as these can
be attributed to Marike.life ;
- reasonable costs incurred to prevent or limit damage, insofar as the other party
demonstrates that these costs have led to limitation of the direct damage as referred to in
these general terms and conditions.
7. Marike.life's liability is limited to a maximum of the invoice value of the
agreement, at least to that part of the agreement to which
Marike.life 's liability relates, on the understanding that Marike.life's liability will never
exceed than the amount that is
actually
paid out in respect of the relevant case under any liability insurance policy of Marike.life , increased by any deductible of Marike.life that
applies pursuant to that insurance. In the event that the agreement has a duration longer than six
months, for the determination of the invoice value as referred to in the previous sentence, only
the invoice value over the last six months of the agreement is taken as the basis.
8. The limitation period for all legal claims against Marike.life is one year. In derogation
from the previous sentence, legal claims accruing to consumers that are based on
facts that would justify the assertion that a consumer purchase does not comply with the agreement
, expire after two years.
9. The other party indemnifies Marike.life against any claims from third parties who
suffer damage in connection with the execution of the agreement and whose cause is
attributable to others than Marike.life .
10. In the case of a consumer purchase, the restrictions of this article do not extend beyond what is
permitted under article 7:24 paragraph 2 of the Dutch Civil Code.
11. The liability limitations from these general terms and conditions do not apply if the damage is
the result of intent or willful recklessness on the part of Marike.life.
ARTICLE 15. | RETENTION
OF TITLE 1. All products delivered by Marike.life remain its property until the other party has
properly fulfilled all its payment obligations under the agreement.
2. The other party is prohibited from selling,
pledging or encumbering in any other way the products subject to retention of title .
3. If third parties seize the products subject to retention of title, or
wish to establish or enforce rights thereon, the other party is obliged to inform Marike.life of this as
soon as possible.
4. The other party gives unconditional permission to Marike.life and any
third parties designated by Marike.life to enter all those places where the products subject to
retention of title are located. Marike.life is entitled
to take back the products referred to here in the event of default by the other party . All reasonable costs associated with this
will be borne by the other party.
ARTICLE 16. | GENERAL COMPLAINTS POLICY
1. Complaints with regard to the implementation of the agreement must, without prejudice to the
provisions of the rest of these general terms and conditions
, be fully and clearly described in writing within a reasonable time after the other party has established the complaint.
submitted to Marike.life.
2. Complaints submitted to Marike.life will be
answered within a period of seven days after receipt . If a complaint requires a longer processing
time, an answer will be given within the period of fourteen days with a confirmation of receipt and an indication of
when the other party can expect a more detailed answer.
3. If the complaint relates to a distance contract and the complaint cannot
be resolved by mutual agreement, the consumer can submit the dispute to the disputes committee
via the ODR platform (ec.europa.eu/consumers/odr/).
ARTICLE 17. | INTELLECTUAL PROPERTY
Marike.life or its licensors reserve all copyrights and all other
intellectual property rights in the working methods and methods used by it,
content made available, including but not limited to assignments, workshops,
nutrition plans, workouts , software, as well as on the logos and
brand names they carry. The other party is prohibited from multiplying or having these goods
reproduced or otherwise used in a way that goes beyond the use of
those goods as provided for in the agreement. ARTICLE 18. | USE ELECTRONIC ENVIRONMENT
1. Insofar as one or more
(mobile) web applications are used in the context of a membership , the provisions of this article apply.
2. Marike.life or its licensor makes every effort to optimize the correct operation and accessibility of
the applications. However, Marike.life or its licensor cannot guarantee that the
applications are available without restriction and that all facilities of the applications always
function without problems. All liability of Marike.life or its licensor in this regard is
excluded.
3. Marike.life or its licensor is authorized to temporarily put the applications out of use
if in its opinion this is desirable with regard to maintenance, adaptation or improvement of
the applications. All liability of Marike.life or its licensor in connection with the
temporary inaccessibility of the applications is excluded.
4. Personal data obtained through the applications are processed in accordance with
the privacy settings of the user of the applications. The user is assumed to
understand that fellow users have insight into personal information about the user to the
extent that the user allows this by applying certain privacy settings.
Any liability of Marike.life or its licensor with regard to the processing of
personal data in accordance with the privacy settings of the user is excluded.
ARTICLE 21. | FINAL PROVISIONS
1. All agreements and all legal relationships arising therefrom between the parties are
exclusively governed by Dutch law.
2. Before appealing to the court, the parties are obliged to make every effort to settle
the dispute in mutual consultation.
3. Insofar as the law does not
dictate otherwise , only the competent court within the district where Marike.life is established is designated
to take cognizance of any legal disputes.