Purchase conditions

Article 1: Definitions

Article 2: General

Article 3: The Offer

  1. Any offer made by Sajenn is non-binding unless expressly stated otherwise in writing. If the offer is subject to specific conditions or limitations, this will be explicitly mentioned in the offer. An offer is only considered valid once it has been documented in writing.
  2. Sajenn’s offers are non-binding. Sajenn is only bound by an offer if the user’s acceptance is confirmed in writing within 30 days or if the user has already paid the specified amount.
  3. Sajenn reserves the right to refuse an agreement with a potential user for a valid reason.
  4. The user cannot derive any rights from an offer from Sajenn that contains an obvious mistake or error.
  5. All images and specifications provided in the offer are indicative and cannot be used as a basis for compensation or dissolution of the agreement.
  6. Images and specific data in an offer provide an accurate representation of the offerings. Sajenn cannot guarantee that the displayed colors exactly match the real colors of the products, services, courses, and subscriptions. This is not grounds for any compensation or the termination of the agreement (remotely).
  7. The offer includes a comprehensive and accurate description of the offered products, services, courses, and subscriptions (digital and physical). The description is detailed enough for the user to make an informed assessment of the offer. Obvious mistakes or errors in the offer do not bind Sajenn.
  8. Delivery times and deadlines mentioned in the offer are indicative and do not give the user the right to terminate the agreement or seek compensation for exceeding them unless expressly agreed otherwise.
  9. If Sajenn arranges for the delivery of purchased goods, Sajenn will separately invoice the user for transportation and packaging costs.
  10. A composite price quote does not obligate Sajenn to deliver a part of the items included in the offer (products, services, courses, and/or subscriptions) at a corresponding part of the quoted price.
  11. The prices in the mentioned offers include VAT and exclude other government levies and any costs to be incurred under the agreement, including shipping costs, unless otherwise indicated.
  12. If and insofar as an offer is in effect, this does not automatically apply to subsequent orders. Offers are only valid until the specified end date, while supplies last, or according to a first-come, first-served principle.

Article 4:

Locations, Facilities, and Online Environments The locations, facilities, and online environments used by Sajenn for the execution of its products, services, courses, and subscriptions are selected with the utmost care. However, Sajenn is not liable for these locations, facilities, and online environments.

The costs of the locations, facilities, and online environments are included in the products, services, courses, and subscriptions, if applicable, unless otherwise stated on the Sajenn website or agreed upon in writing with Sajenn.

Article 5: Conclusion of the Agreement

  1. The agreement is concluded when the user accepts an offer from Sajenn. This includes products, services, courses, and subscriptions (both physical and digital).
  2. An offer can be made through Sajenn’s website.
  3. If the user has accepted the offer, Sajenn will confirm the agreement with the user in writing or electronically. In the case of a digital product, Sajenn will provide the user with access to the Sajenn website with appropriate access rights related to the accepted offer. For physical products, Sajenn will arrange for the user to receive them.
  4. If the acceptance deviates (whether or not on minor points) from the offer, Sajenn is not bound by it.
  5. Sajenn is not obligated to an offer if the user could reasonably have expected, understood, or should have understood that the offer contains an obvious mistake or typographical error. The user cannot claim any rights based on such mistakes or errors.
  6. Sajenn may reject an application for products, services, courses, and/or subscriptions without giving reasons.

Article 6: Prices

  1. During the validity period stated in the offer, the prices of the offered products, services, courses, and/or subscriptions will not be increased, except for price changes due to changes in VAT rates.
  2. In deviation from the previous paragraph, Sajenn may offer products, services, courses, or subscriptions with prices tied to fluctuations in the financial market over which Sajenn has no control. This dependence on fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.
  3. Price increases within 2 months after the conclusion of the agreement are only allowed if they result from statutory regulations or provisions.
  4. Price increases from 2 months after the conclusion of the agreement are only allowed if Sajenn has stipulated this and:
    A. they result from statutory regulations or provisions; or
    B. the user has the right to terminate the agreement with effect from the day on which the price increase takes effect.
  5. The prices mentioned in the offers are in euros, including VAT, and excluding other government levies and any costs to be incurred under the agreement, including shipping costs, unless otherwise indicated.
  6. Payment must be made using one of the payment methods specified by Sajenn. In the case of a subscription, the amount due will be automatically debited from the user’s bank account for each subsequent delivery. The user must provide authorization for this with the first payment.
  7. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the case of such errors, Sajenn is not obliged to deliver the product at the incorrect price.
  8. All reasonable costs, such as legal, extrajudicial, and enforcement costs incurred to obtain amounts owed by the user, are borne by the user in accordance with the Dutch Debt Collection Costs Act.
  9. The prices stated in the offer are based on cost factors applicable at the time of the conclusion of the Agreement, including import and export duties, freight and unloading costs, insurance, and any levies and taxes.
  10. A User/Consumer is only entitled to a discount offer if it is part of the offer. Offers cannot be combined. However, Sajenn is not obligated to provide a discount offer to the user. Additionally, Sajenn reserves the right to unilaterally modify, suspend, or terminate a discount offer at any time and without providing a reason.

Article 7: Payment

  1. Payment must be made in advance in the currency in which the invoice has been issued, using the specified method.
  2. The user shall not derive any rights or expectations from a pre-issued budget, unless expressly agreed upon by the parties.
  3. The user is required to make the payment in full to the account number and details provided by Sajenn. Parties can only agree upon a different payment term with explicit and written consent from Sajenn.
  4. In the event of liquidation, bankruptcy, seizure, or suspension of payment by the user, Sajenn’s claims against the user become immediately due and payable.
  5. If Sajenn has incurred additional or higher costs that are reasonably necessary, these costs are eligible for reimbursement. The user is also responsible for the incurred legal and execution costs.
  6. In the event of user default, Sajenn is entitled to terminate the user’s account, products, services, courses, and/or subscriptions or to block parts of the Sajenn website. In such case, Sajenn is also entitled to invoice the total price for products, services, courses, and/or subscriptions to the user and demand immediate payment.
  7. In case of late payment, the user’s access to Sajenn’s products, services, courses, and subscriptions (both physical and online) may be denied. The financial obligation towards Sajenn remains in effect even if the products, services, courses, and subscriptions are not used.

Article 8: Services

  1. It is not allowed for the user to record, photograph, or in any other way capture Sajenn’s services without prior consent from Sajenn.
  2. If during the services an assignment is given to Sajenn, such as conducting research or creating a schedule, a new agreement will be drafted, including any associated costs. The user must accept this agreement before Sajenn proceeds with the assignment.
  3. All appointments can be canceled and rescheduled without incurring any charges up to two weeks prior to the scheduled date.
    1. If canceled in the second week prior to the appointment, half of the appointment fee will be charged.
    2. If canceled during the last week leading up to the appointment or on the day of the appointment, the full appointment fee will be charged.
  4. Sajenn reserves the right to cancel a service or services up to and including the day on which the service(s) is scheduled to take place. In such cases, the user has the right to reschedule the service for another day.
  5. If a “subscription card” is used to make appointments (services) over a certain period, it remains valid until the specified end date.
  6. Sajenn is entitled to discontinue services for any reason at any time. After discontinuation, Sajenn is not obligated to provide any further services. In such cases, the user may be entitled to a (partial) refund of prepaid service fees.

Article 9: Subscriptions

  1. Sajenn offers various subscriptions with corresponding services and benefits. Details of each subscription can be found on the Sajenn website.
  2. Subscriptions are entered into for a specific period and are not automatically renewed unless otherwise agreed upon. If the user wishes to renew the subscription, they are responsible for renewing it in a timely manner.
    1. Renewal of all subscriptions can be requested starting one month before the end of the current subscription period. The user is responsible for this process. If no renewal takes place, access will be terminated after the expiration of the current subscription period without prior notice to the user.
  3. The user is responsible for providing accurate and complete information when purchasing a subscription.
  4. The subscription is personal and cannot be transferred without prior written consent from Sajenn.
  5. Subscriptions cannot be canceled after the Cooling-off period period.
  6. Sajenn reserves the right to terminate the subscription for any user who violates this agreement or applicable regulations.
  7. Sajenn is entitled to discontinue subscriptions for any reason at any time. After discontinuation, Sajenn is not obligated to fulfill any further subscriptions. In such cases, the user may be entitled to a (partial) refund of prepaid subscription fees.

Article 10: Limitation of Liability

  1. Sajenn is not liable for damages resulting from (incomplete and/or inaccurate) information regarding products, services, courses, and subscriptions.
  2. Sajenn is in no way liable for any (consequential) damages suffered or potentially suffered by the user due to the failure or untimely provision of access to digital products, services, courses, and subscriptions.
  3. The user is responsible for the purchase and maintenance of the software and hardware required for the proper functioning of digital products, including but not limited to computer and software. Sajenn is not liable for this in any way.
  4. If the provision of services (products, services, courses, and subscriptions) leads to Sajenn’s liability towards the user, that liability is limited to the costs charged by Sajenn in connection with the Membership for direct damages. Direct damages include reasonable costs incurred to limit or prevent direct damage, determine the cause of the damage, direct damage, liability, and the method of recovery.
  5. For errors made by third parties or subordinates of Sajenn, Sajenn is only liable if, when engaging these third parties, Sajenn could and should have foreseen the making of such errors, and the errors were made in the course of their profession or business.
  6. All user claims arising from shortcomings on the part of Sajenn expire if not reported in writing and with justification to Sajenn within one year. Any claim for compensation against Sajenn must be reported in writing, but no later than one year after the user became aware or could reasonably have been aware of the facts on which they base their claims. After this period, such a claim shall expire.

Article 11: Intellectual Property Rights

  1. User is expressly prohibited from infringing upon Sajenn’s intellectual property rights, as well as Sajenn’s reputation. All intellectual property rights and copyrights of Sajenn, including graphic designs, video and audio clips, software, ideas, models, advice, reports, and any related content regarding Sajenn, are exclusively owned by Sajenn and are explicitly not transferred to the user.
  2. User is prohibited from disclosing, reproducing, modifying, or making available to third parties (including for commercial purposes) any materials and software on which Sajenn’s intellectual property rights and copyrights rest, without the express prior written consent of Sajenn.
  3. The software of the Sajenn website remains the property of Sajenn at all times. The software operates only in conjunction with the agreement that must be entered into by the user, and in accordance with the purpose for which the website is intended. User is prohibited from making any markings related to Sajenn’s intellectual property rights or any legally required (trademark) marks, or indications such as the CE marking of the Sajenn website illegible, altering, or removing them.
  4. User shall at all times respect the name and reputation of Sajenn and ensure that in using the website, they do not in any way harm the rights and/or reputation of Sajenn.
  5. In addition to legal obligations, damage resulting from incompetence or failure to act in accordance with the above points is the responsibility and risk of the user.

Article 12: Warranty

The statutory two-year warranty for consumers on products applies. For businesses, the same warranty conditions apply, but the warranty duration is halved, resulting in a one-year warranty period.

Based on the warranty, it will then be determined whether a defect falls under Sajenn’s warranty or if it is user damage. In the case of a defect covered by Sajenn’s warranty, it will be repaired or replaced at no cost. The product can be handed over free of charge at the specified Sajenn address for this purpose. If the defect is not covered by the warranty but is user damage, the user will receive a quotation for repair/replacement, and investigation costs will be charged.

For digital products, the user is responsible for purchasing and keeping the software and hardware required for using the digital product up to date. Additionally, the user has a duty to cooperate in investigating issues with digital products.

Article 13: Right of cancellation

Article 14: Changes

Sajenn reserves the right to unilaterally amend, supplement, and/or modify these purchase terms at any time without obligation and/or notice to inform users thereof. The most recent version of the purchase terms can be found on the relevant part of the Sajenn website, typically where the purchase is made. Please check the footer for this information.

Furthermore, Sajenn reserves the right to unilaterally amend, supplement, and/or modify the products, services, courses, and subscriptions at any time without obligation and/or notice to inform users thereof. The right to unilaterally amend, supplement, and/or modify, without obligation and/or notice to inform users thereof, continues to apply after the purchase has been made. This particularly applies to non-physical products, services, courses, and subscriptions.

Moreover, Sajenn is entitled to discontinue products, services, courses, and subscriptions (both digital and physical) for any reason at any time. After discontinuation, Sajenn is not obligated to fulfill any further deliveries. In such cases, the user may be entitled to a (partial) refund of prepaid costs.

Article 15: Dispute Resolution

  1. Dutch law applies to the legal relationship between Sajenn and the user.
  2. If a provision of these terms is found to be invalid or unenforceable, the Parties remain bound by the other provisions. The Parties will replace the invalid and/or unenforceable provision(s) with an enforceable provision whose meaning is as close as possible to the provision(s) to be replaced, within the scope of these terms.
  3. All disputes between Sajenn and the user will be settled by the competent court of the Noord-Brabant district, Eindhoven location, unless mandatory legal provisions lead to the jurisdiction of another court.
  4. The court will only consider a dispute if the user has first submitted their complaint to Sajenn, and this has not led to a satisfactory solution for both parties.
  5. A dispute must be brought before the court within twelve months of its occurrence. See also Article 10: Limitation of Liability, point 6.
  6. A fee is payable for the handling of a dispute.

Geldrop, May 29, 2023