General terms and conditions
Please read these Terms and Conditions carefully before using the website. These terms outline the conditions for using this website.
In addition to these Terms and Conditions, the Privacy Policy and Disclaimer also apply, which can be found on the page: Privacy Policy, Cookies, Disclaimer. Only in cases of conflicting information, these Terms and Conditions shall prevail.
Article 1: Definitions
- Sajenn, with the website name Sajenn.eu: the user of these Terms and Conditions, located in Geldrop, registered in the Commercial Register under Chamber of Commerce (KvK) number 83543708.
- Consumer: any natural person not acting in the course of a profession or business.
- User: Any natural person or legal entity using the website, products, and services of Sajenn (with or without a user account).
- Agreement: any agreement concluded between Sajenn.eu and the Consumer/User through the ordering process on the Website, regarding the delivery of Products, Services, Courses, and/or Subscriptions by Sajenn.eu to the Consumer/User in exchange for payment.
- Website: www.Sajenn.eu.
- Products, services, courses, and subscriptions: all items to be delivered by Sajenn.eu to the Consumer/User in the context of the Agreement.
- Written: in addition to traditional written communication, communication by email or any other means of communication that, in view of the state of the art and prevailing societal norms, can be considered equivalent to it.
- Day: calendar day.
- General Terms and Conditions: these present Terms and Conditions of Sajenn.
- Digital content: data produced and delivered in digital form.
Article 2: General
- Sajenn is the provider of the Sajenn website that users can utilize. By using the Sajenn website, the user agrees to these terms and conditions.
- The user must accept these terms and conditions before using the Sajenn website. If the user does not agree to these terms and conditions, Sajenn requests the user not to use the Sajenn website any further. Sajenn recommends that anyone using the Sajenn website regularly review the terms in case of changes.
- The annulment or nullity of one or more provisions of these terms and conditions or the Agreement as such shall not affect the validity of the other clauses. In such a case, the parties shall be obliged to enter into consultations in order to establish a replacement arrangement with regard to the affected provision. As far as possible, the purpose and scope of the original provision shall be taken into account.
- Deviation from the provisions in these terms and conditions can only be made expressly and in writing. Insofar as what the parties have expressly and in writing agreed differs from the provisions in these terms and conditions, what the parties have expressly agreed shall apply.
- Ambiguities regarding content, interpretation, or situations not covered by these terms and conditions shall be assessed “in the spirit” of these terms and conditions.
- By using the Sajenn website, the user agrees that Sajenn may communicate about the services through messaging, including electronic communication.
- Sajenn provides online information for inspiration and professional knowledge, such as building a camper. All information provided by Sajenn is based on personal experience and research. Even though Sajenn has experience with certain topics, no rights or claims can be derived from this.
Article 3: Privacy, Data Processing, and Security
Sajenn handles user data (personal and non-personal) with great care. The processing of personal data by Sajenn is solely for the purpose of providing services. Personal data will not be processed for any other purpose than described in the Privacy Statement unless the user has given explicit prior consent. Sajenn will not retain personal data longer than necessary. For more information, please refer to Sajenn’s Privacy Statement.
Article 4: Use of the Sajenn Website
- Sajenn endeavors to provide the Sajenn website to the user. All products and services are provided on a best-effort basis. Users can also register themselves, for instance, to subscribe to the newsletter or attend an event as a visitor.
- The user is at all times personally responsible for all data and information they post on their account and/or the Sajenn website or have posted. If the user suspects that the information provided by them is incorrect or incomplete, they shall promptly inform Sajenn and provide the correct information. The user must keep their information up-to-date and can make changes to their data on their own account.
- Sajenn may impose additional restrictions or conditions on access to and use of certain parts or features of the website, including but not limited to creating an account, completing a verification process, and meeting specific quality or suitability criteria.
- If the user submits, posts, or uploads any content, including information, data, images, video and audio clips, and other content (“Contribution”) via the Sajenn website, the Contribution must in no way contain illegal or offensive content (including sexist, pornographic, racist, and discriminatory content) or otherwise infringe on the privacy of third parties. The user also guarantees that the Contribution does not infringe on the intellectual property rights of third parties and indemnifies Sajenn against any possible claims from third parties arising from the posting of a Contribution.
- By submitting, posting, or uploading a Contribution, the intellectual property rights and/or similar rights therein – to the extent they belong to the user – are transferred to Sajenn without Sajenn being obligated to provide any compensation to the user. If further documentation is required for this transfer, the user shall provide such documentation at Sajenn’s first request. To the extent that the transfer of intellectual property rights and/or similar rights in the user’s Contribution is not possible, the user hereby grants Sajenn an exclusive, perpetual, sublicensable, and transferable license to use the Contribution. The user hereby waives any potential moral rights to the extent permitted by applicable law. By transferring or licensing the user’s Contribution, Sajenn is authorized to use and exploit the Contribution without limitations through any media and in any form, including through social media and websites.
- The Sajenn website may not be used by the user for promotional activities, such as promoting their own or other websites and/or blogs. Sajenn reserves the right to remove promotional content and/or block the user’s account. For inquiries regarding promotional activities, the user can send an email to info@sajenn.eu.
Article 5: Obligations When Using the Sajenn Website
- The user bears independent responsibility for the use of the Sajenn website at all times. The user is obliged to adhere to the following regulations when using the Sajenn website. The user must refrain from using the Sajenn website:
- To employ manual or automated software, equipment, or other processes to index or scrape data used within the Sajenn website on the internet.
- In a manner that involves illegal activities or activities contrary to good morals or public order.
- To copy (parts of) the Sajenn website from Sajenn.
- In any way that harms the interests of Sajenn.
- In the event of (potential) criminal activities, Sajenn is entitled to report this and hand over the user’s provided data to the competent authorities, as well as perform all actions requested within the scope of the investigation. Sajenn reserves the right to deny the user access to the Sajenn website and/or terminate the use of the Sajenn website.
- The user is responsible for properly securing the (mobile) device on which they use the Sajenn website, as well as for safeguarding and keeping their own login credentials confidential.
- An account can be registered using an email address and a password, unless otherwise indicated. The user is obliged to provide correct and complete information during the account registration and to keep the account up-to-date at all times.
- The user may not create an account under someone else’s name or impersonate someone else. The user is personally responsible for their login credentials and must not provide these credentials to third parties. If a user suspects that their login credentials have been lost, stolen, or used without authorization, they must immediately contact Sajenn. The user is personally liable for all activities carried out through their own account unless they can demonstrate that they have not been negligent (e.g., by failing to report unauthorized use or loss of login credentials).
- Sharing the user’s account with another user is not allowed. If a shared account is discovered, it will be immediately blocked. If the user has received paid products, services, and/or courses through the account, the user will be subject to a minimum fine of €1000, which may increase if more damages and lost revenues are identified.
- In addition to legal obligations, any damage resulting from incompetence or failure to act in accordance with the above points is the responsibility and risk of the user.
Article 6: Access to the Website
- Sajenn solely offers the use of the Sajenn website. Sajenn has no responsibility or influence over the execution of services offered by the affiliated network operator.
- All information and numbers displayed on the Sajenn website are subject to typographical or clerical errors.
- The user ensures that all data indicated by Sajenn as necessary, or data that the user reasonably should understand to be necessary for access and/or use of the Sajenn website, are timely provided to Sajenn.
- Sajenn is not liable for any damage of any kind arising from Sajenn relying on incorrect and/or incomplete data provided by the user, unless such inaccuracy or incompleteness was known to Sajenn.
- If Sajenn believes that the user is violating the law or these terms and conditions, Sajenn may partially exclude the user from the website. Sajenn may, for example, exclude the user from the website by:
- Deleting the user’s account; or
- Blocking parts of the website for the user.
Article 7: Availability of the Sajenn Website
Sajenn cannot guarantee that the services will always meet the user’s expectations. While Sajenn strives to provide uninterrupted access to the application, Sajenn cannot guarantee that the Sajenn website will be fully available at all times. If, in Sajenn’s judgment, there is a risk of malfunctioning of the Sajenn website and its use, Sajenn reserves the right to suspend the service. Sajenn also has the right to take all reasonably necessary measures to ensure the efficient operation of the Sajenn website.
Article 8: Notice and Takedown
If and to the extent that there is a violation of the rights of Sajenn or third parties and/or unlawful conduct by the user, Sajenn reserves the right to immediately close the relevant part of the Sajenn website or exclude the user from its use. Sajenn will promptly remove all infringing or harmful information. In no event shall Sajenn be liable for any damages of any kind resulting from the (temporary) closure of the service and/or the removal or transmission of data.
Article 9: Malfunctions and Repairs
If and to the extent that the user experiences a malfunction and/or the application is not properly installed or not functioning, remote assistance is available. The user can contact Sajenn for this purpose using the contact information on the Sajenn website or via info@sajenn.eu.
Article 10: Prices
- During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
- In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which Sajenn has no influence, with variable prices. These fluctuations and the fact that any prices mentioned are indicative will be stated in the offer.
- The prices in the mentioned offers are in euros, including VAT, and excluding other government levies and any costs incurred under the agreement, including shipping costs, unless otherwise indicated.
- Payment must be made using one of the payment methods designated 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 grants authorization for this with the first payment.
- All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the case of printing and typographical errors, Sajenn is not obliged to deliver the product at the erroneous price.
- All reasonable costs, such as judicial, extrajudicial, and execution costs, incurred to obtain amounts owed by the user, shall be borne by the user, in accordance with the Collection Costs Act.
- The prices as stated in the offer are based on cost factors applicable at the time of concluding the Agreement, including import and export duties, freight and unloading costs, insurance, and any levies and taxes.
Article 11: Limitation of Liability
- From the moment the user first accesses the Sajenn website, the user indemnifies Sajenn against all damage incurred, except in cases of willful misconduct or gross negligence on the part of Sajenn.
- Sajenn is not liable or obligated to ensure the proper execution of the Membership by the network operator.
- Sajenn is not liable for any damage of any kind resulting from (incomplete and/or incorrect) information on the Sajenn website or linked websites.
- Sajenn is not liable for any damage of any kind caused by reliance on incorrect and/or incomplete data/information provided by or on behalf of the user.
- In no event is Sajenn responsible for errors and/or irregularities in the functionality of the Sajenn website, and it is not liable for disruptions or any unavailability of the Sajenn website for any reason or for the loss and/or corruption of user data and information.
- Sajenn does not guarantee the correct and complete transmission of the content of emails sent by or on behalf of Sajenn, nor for their timely receipt.
- Sajenn is not liable for the user not receiving, not receiving correctly, and/or not receiving timely the account information. Sajenn is never liable if the participant has not kept their login and/or account information in a secure place.
- Sajenn is never liable for indirect damage, including consequential damage, loss of profits, missed savings, and damage due to business interruption.
- Any claims by the user for failure on the part of Sajenn shall expire if not reported to Sajenn in writing and with reasons within one year. Any claim for compensation against Sajenn must always be reported in writing, but no later than within one year after the user became aware or could reasonably have been aware of the facts on which he bases his claims. After this period, such a claim will expire.
Article 12: Force Majeure
- Sajenn is not liable if it cannot fulfill its obligations as a result of a force majeure situation, nor can it be held to fulfill any obligation if it is hindered in doing so due to circumstances that are not due to its fault, and which are not under the law, a legal act, or generally accepted standards for its account.
- Force majeure shall be understood to mean, among other things, but not limited to, what is understood in law and jurisprudence,
(i) force majeure of Sajenn’s suppliers,
(ii) the failure of suppliers to fulfill their obligations properly,
(iii) defects in goods, equipment, software, or materials of third parties,
(iv) government measures,
(v) disruptions in electricity, internet, data network, and telecommunications facilities (e.g., cybercrime and hacking),
(vi) illness of Sajenn’s employees or advisers engaged by it, and
(vii) fire,
(viii) natural disasters,
(ix) war and terrorist attacks,
(x) general transportation problems,
(xi) labor strikes in Sajenn’s company, and
(xii) other situations that, in Sajenn’s opinion, are beyond its control and that temporarily or permanently prevent the performance of its obligations. - Sajenn has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after Sajenn should have fulfilled its obligation.
Article 13: Agreement with the Network Operator
Sajenn only offers the Sajenn website for users to use and has no influence on the agreements and arrangements between users and the network operator. The network operator is always responsible for the execution of the service. It is the user’s responsibility to provide correct and complete information to the network operator. Any consequences of the incorrectness and/or incompleteness of this information are at the expense and risk of the user.
Article 14: Intellectual Property Rights
- User explicitly prohibits any infringement of Sajenn’s intellectual property rights, as well as any harm to Sajenn’s good name. All intellectual property rights and copyrights of the Sajenn website, including graphic designs, video and audio clips, software, ideas, models, advice, reports, and similar content related to the Sajenn website, solely belong to Sajenn and are explicitly not transferred to the user.
- The user has a non-exclusive right to use the Sajenn website for personal and private use only.
- The user is prohibited from disclosing, reproducing, modifying, or providing 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.
- The software of the Sajenn website remains the property of Sajenn at all times. The user is prohibited from making any markings related to Sajenn’s intellectual property rights or any legally required (trademark) marks or designations, such as the CE marking on the Sajenn website, illegible, modifying, or removing them.
- The user shall at all times respect Sajenn’s name and reputation and ensure that the user does not in any way harm the rights and/or reputation of Sajenn when using the website.
- In addition to legal obligations, any damage resulting from incompetence or failure to comply with the above points is at the user’s expense and risk.
Article 15: Complaints
- If the user is not satisfied with the services offered via the Sajenn website by Sajenn, the user is obliged to report these complaints as soon as possible but no later than 14 days after the incident that led to the complaint. Complaints can be reported via info@sajenn.eu with the subject “Complaint.”
- The complaint must be sufficiently substantiated and/or explained by the user for Sajenn to be able to consider and validate the complaint.
- Sajenn will respond to the complaint as soon as possible, preferably within 14 days of receiving it.
- Disruptions and/or problems resulting from incorrect usage are at the user’s expense and risk.
Article 16: Amendments
Sajenn reserves the right to unilaterally amend, supplement, and/or modify these terms and conditions at any time, without the obligation and/or notification to inform users thereof. The most recent version of the terms and conditions can be found on the Sajenn website. By visiting the website, the user is made aware of the current terms and conditions, through the use of the Cookie pop-up and the footer.
Article 17: Dispute Resolution
- Dutch law applies to the legal relationship between Sajenn and the user.
- If any provision of these terms and conditions is found to be void or unenforceable, the parties remain bound by the other provisions. The parties shall replace the void and/or unenforceable provision(s) with an enforceable provision whose scope is as close as possible to that of the provision(s) being replaced, in the context of these terms and conditions.
- All disputes between Sajenn and the user shall be settled by the competent court of the Noord-Brabant district, Eindhoven location, unless provisions of mandatory law designate the jurisdiction of another court.
- The court will only consider a dispute if the user has first filed the complaint with Sajenn and this has not led to a satisfactory solution for both parties.
- A dispute must be brought before the Court within twelve months of its occurrence. See also Article 11: Limitation of Liability, point 9.
- A fee is due for the handling of a dispute.
Geldrop, May 29, 2023.