Terms & Conditions
Article 1 General
In these conditions:
• Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity and enters into the contract in this capacity;
• Entrepreneur: Paramedia UK B.V. or one of its affiliates;
• Credits: Time units purchased by the consumer that are used to finance the chats;
• Chat: a written and online communication via the Entrepreneur's website with a Consultant
• Agreement: the legal relationship that Consumer enters into with Entrepreneur.
Article 2 Applicability
These general terms and conditions apply to every offer, service and / or product of the entrepreneur and to all legal relationships between Consumer and Entrepreneur, subject to changes in these terms and conditions expressly communicated by the Entrepreneur to the Consumer before concluding the agreement.
These general terms and conditions are, in digital form (PDF) on the website, easily available to the Consumer for entering into an Agreement.
The conditions also apply to all Agreements with Entrepreneur for the execution of which services of third parties are involved.
If one or more provisions of these terms and conditions are void or become void, the other provisions of these terms and conditions will remain fully applicable.
Article 3 Offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to enable a proper assessment of the offer by the Consumer. If Entrepreneur uses images, they are a true representation of the offered products and / or services. Obvious mistakes or obvious errors in the offer do not bind the Entrepreneur.
Each offer contains such information that it is clear to the Consumer what rights and obligations are attached to the acceptance of the offer.
If the offer concerns a (temporary) action, in which the services described on the website are offered at a (temporarily) greatly reduced rate, the Consumer may make use of this at most once per action.
Entrepreneur offers one free chat to Consumer for introduction. The Consumer is not permitted to make use of this introductory offer several times.
If the system offered by the Entrepreneur is misused, the Consumer will be excluded from participation and the Entrepreneur can take legal action.
Article 4 Agreement
The agreement is, subject to the provisions in article 2, concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
Acceptance of the offer and therefore also the agreement by Consumer must be confirmed by Consumer on the website by means of a separate action.
If the agreement is concluded electronically, Entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the Consumer can pay electronically, the Entrepreneur will observe appropriate security measures.
Entrepreneur can obtain information within statutory frameworks - whether Consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the Entrepreneur, based on this investigation, has good reasons not to enter into the agreement, he is entitled to refuse an application with reasons or to attach special conditions to the execution.
Article 5 Exclusion of right of withdrawal
Entrepreneur can exclude the following products and services from the right of withdrawal, but only if the Entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:
Service contracts, after full execution of the service, but only if;
a. The execution has started with the express prior consent of the Consumer; and
b. Consumer has stated that he loses his right of withdrawal as soon as Entrepreneur has fully executed the agreement;
The delivery of digital content other than on a tangible medium, but only if;
a. The execution has started with the express prior consent of the Consumer; and
b. Consumer has stated that he thereby loses his right of withdrawal.
Article 6 Price
During the period mentioned 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.
Contrary to the previous paragraph, Entrepreneur can offer products or services whose prices are subject to fluctuations that the Entrepreneur does not have any influence on, with variable prices. This link to fluctuations and the fact that any mentioned prices are target prices are mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the Entrepreneur has stipulated this and these are the result of statutory regulations or provisions.
The credits purchased by the Consumer remain valid up to 2 years after purchase.
Purchased credits can only be used to finance the chat services offered on the website and will not be taken back.
The prices mentioned in the offer of products or services include VAT.
Article 7 Compliance agreement and additional guarantee
Entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and the legal provisions existing on the date of the conclusion of the agreement. or government regulations.
An additional guarantee provided by the trader, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can enforce against the trader under the agreement if the trader has failed to fulfill his part of the agreement.
An additional guarantee is understood to mean every obligation of the entrepreneur, its supplier, importer or producer in which it assigns to the consumer certain rights or claims that go beyond what is legally required in the event that it has failed to fulfill its part of the agreement. .
Paragraphs 2 and 3 of this article do not apply to enjoyed chats.
Article 8 Liability
The services offered will be provided by Entrepreneur to the best of its ability. Under no circumstances can rights be derived from these services offered.
The Consumer is personally liable for the consequences and any damage (direct or indirect) of the services offered by the Entrepreneur. Under no circumstances can the entrepreneur be held liable for this
Article 9 Payment
Unless otherwise stipulated in the agreement or additional conditions concerning the service, the amounts owed by the Consumer must be paid with the credits purchased by the Consumer.
When selling products and / or services to consumers, the Consumer must pay the amount due upon entering into the agreement. If payment in advance is stipulated, the Consumer can not assert any rights regarding the execution of the order or service (s), before the stipulated advance payment has taken place.
The consumer has the duty to immediately report any inaccuracies in provided or stated payment details to the entrepreneur.
If the Consumer fails to fulfill his payment obligation (s) in time, after having been informed by the Entrepreneur of the late payment and the Consumer Entity, he has granted a period of 14 days to still fulfill his payment obligations after the payment has not been made. within this 14-day period, the legal interest is owed on the amount owed and the Entrepreneur is entitled to charge the extrajudicial collection costs he has incurred in accordance with the applicable legislation.
Article 10 Confidentiality
Entrepreneur and / or persons working at or for or connected to Entrepreneur
obliged to maintain confidentiality with regard to information provided by or on behalf of the Consumer towards third parties, including third parties not involved in the execution of the Agreement.
This obligation does not apply if there is a legal obligation, a professional obligation or a binding decision by a judge or a government body to make a public announcement or if the Consumer has relieved Entrepreneur from his duty of confidentiality.
This secrecy obligation does not apply if the confidential information is already generally known or is known, other than as a result of unlawful disclosure, is already in the possession of Entrepreneur before this information is made public to Entrepreneur.
The entrepreneur is only entitled to use the information made available to him by the Consumer for the purpose for which it was obtained.
Article 11 Complaints procedure
The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted fully and clearly described to the Entrepreneur within a reasonable time, but no later than one week after the Consumer has discovered the defects.
Complaints submitted to the Entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the Entrepreneur shall respond within the period of 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed answer.
The Consumer must give the Entrepreneur at least 4 weeks time to resolve the complaint in mutual consultation. After this period, a dispute arises that is susceptible to the dispute resolution.
Article 12 Force majeure
Entrepreneur is not obliged to fulfill any obligation, if they are prevented from doing so as a result of a circumstance that is not due to fault, and neither under the law, a legal act or generally accepted for their account.
In these general terms and conditions, force majeure is understood in addition to what is understood in the law and jurisprudence, all external causes, foreseen or not foreseen, on which the Entrepreneur can not exert influence, but as a result of which the Entrepreneur is unable to meet the obligations. Work strikes in the company of Entrepreneur and disruptions in the national network are included.
Entrepreneur is also entitled to invoke force majeure if the circumstance that prevents (further) performance occurs after the Entrepreneur should have fulfilled its obligations.
Entrepreneur can suspend the obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than two months, the Entrepreneur shall be entitled to dissolve the agreement without any obligation to compensate the Consumer for damage.
Article 13 Disputes
On agreements between Entrepreneur and Consumer to which these general terms and conditions apply, only Dutch law applies.
Article 14 Additional or different provisions
Additional provisions or deviating from these terms and conditions may not be to the detriment of the Consumer and must be recorded in writing or in such a way that they can be stored by the Consumer in an accessible manner.