These general terms and conditions can be found on the website of THE ART OF AMBITIOUS & ELEGANT LIVING, www.ambitiouselegantliving.com/terms-conditions.html. The general terms and conditions, insofar as they have not already been provided to the Client, will be sent digitally free of charge upon request.
Article 1: Definitions 1.1 Request: an assignment, or a related request, that the Client submits to THE ART OF AMBITIOUS & ELEGANT LIVING for processing.
1.2 GTC: these general terms and conditions of THE ART OF AMBITIOUS & ELEGANT LIVING with regard to the services associated with and / or arising from Membership and THE ART OF AMBITIOUS & ELEGANT LIVING Services.
1.3 Client: a (legal) person who purchases a Membership, Package or Service from THE ART OF AMBITIOUS & ELEGANT LIVING.
1.4 Membership: the Membership of the Client that gives him access to (certain parts of the) services (that are dependent on his membership) of THE ART OF AMBITIOUS & ELEGANT LIVING.
1.5 Membership contribution: the fee that the Client owes THE ART OF AMBITIOUS & ELEGANT LIVING for a Membership.
1.6 Agreement: the assignment agreement within the meaning of art. 7:400 Dutch Civil Code between the Client and THE ART OF AMBITIOUS & ELEGANT LIVING with regard to Membership and / or a specific Service purchased from THE ART OF AMBITIOUS & ELEGANT LIVING.
1.7 Package, also defined as Experience; all offers, prices, conditions, product information etc. provided by THE ART OF AMBITIOUS & ELEGANT LIVING to the Client in connection with its Membership and / or specific Service purchased from THE ART OF AMBITIOUS & ELEGANT LIVING.
1.8 THE ART OF AMBITIOUS & ELEGANT LIVING; the Sole Proprietorship "THE ART OF AMBITIOUS & ELEGANT LIVING", established in Amsterdam and having its office in Amsterdam, registered under number 51638940 at the Dutch Chamber of Commerce. THE ART OF AMBITIOUS & ELEGANT LIVING is the user of this GTC with regard to its services associated with and / or arising from Membership and / or a specific Service purchased from THE ART OF AMBITIOUS & ELEGANT LIVING. THE ART OF AMBITIOUS & ELEGANT LIVING is also responsible within the meaning of the Dutch Personal Data Protection Act ("Dutch: Wbp") with regard to all personal data provided by the Client upon registration of the Membership.
1.9 Service / Services of THE ART OF AMBITIOUS & ELEGANT LIVING; the services of THE ART OF AMBITIOUS & ELEGANT LIVING to the Client associated with and / or arising from an Application.
Article 2: General 2.1 These GTC apply to every Application, Membership, Experience, Package, Service and Agreement.
2.2 By entering into a Membership with THE ART OF AMBITIOUS & ELEGANT LIVING, the Client is deemed to have agreed to these GTC.
2.3 The applicability of any general terms and conditions of the Client or of any other third party is explicitly rejected.
2.4 If at any time one or more provisions in these GTC appear to be wholly or partially invalid or are destroyed, the other provisions contained in these GTC remain fully applicable. In the event of invalidity or annulment of any provision, THE ART OF AMBITIOUS & ELEGANT LIVING and the Client will always consult in order to reasonably agree on a new provision to replace the invalid or voided provision. When determining the new provision, the aim and purpose of the original provision are taken into account as much as possible.
Article 3: General obligations of THE ART OF AMBITIOUS & ELEGANT LIVING 3.1 THE ART OF AMBITIOUS & ELEGANT LIVING will take the necessary care in its services with regard to the Membership and / or Services of THE ART OF AMBITIOUS & ELEGANT LIVING and always strive to provide the requested service as well as possible. If, in the opinion of THE ART OF AMBITIOUS & ELEGANT LIVING, an Application cannot reasonably be executed, a suitable alternative will be sought in consultation with the Client. THE ART OF AMBITIOUS & ELEGANT LIVING can never guarantee that the Application and / or Service of THE ART OF AMBITIOUS & ELEGANT LIVING can be executed in a timely, complete and correct manner.
Article 4: General obligations of the Client 4.1 The Client is obliged to fully and timely fulfill his financial obligations towards THE ART OF AMBITIOUS & ELEGANT LIVING. Amounts owed in foreign currencies are converted into euros based on the applicable exchange rate.
4.2. The Client is responsible for personal use of THE ART OF AMBITIOUS & ELEGANT LIVING Membership. The Membership is explicitly not transferable.
4.3. The Client must immediately pass on any changes to his name and address data or other relevant (contact) data to THE ART OF AMBITIOUS & ELEGANT LIVING.
Article 5: The Package, also defined as Experience 5.1 The Package, also defined as Experience, and all other offers from THE ART OF AMBITIOUS & ELEGANT LIVING are without obligation and may be withdrawn before they are (definitively) accepted by the Client.
5.2 THE ART OF AMBITIOUS & ELEGANT LIVING is not bound by a Package or all other offers if the Client can reasonably assume that the Package or all other offers contain an obvious mistake or error.
5.3. THE ART OF AMBITIOUS & ELEGANT LIVING is free to refuse any Request, without giving a reason to the Client.
5.4. The costs of the Membership include VAT (unless stated otherwise).
5.5 The costs as stated in the Package or any other offer include VAT (unless stated otherwise).
5.6 If the acceptance by the Client deviates from the offer included in the Package or the offer included in all other proposals, THE ART OF AMBITIOUS & ELEGANT LIVING is not bound by this. In the event of deviation or refusal by the Client, no Agreement will be concluded.
Article 6: Commencement, duration and termination of Membership 6.1 Membership is entered into for a minimum of 1 year. The Membership will, upon expiry of the initial Membership Term, be tacitly and automatically renewed for a period of 1 year.
6.2 THE ART OF AMBITIOUS & ELEGANT LIVING is entitled to refuse a request to become a member without giving reasons.
6.3 The Client can terminate his Membership by canceling in writing at the end of the current membership-year and subject to a notice period of one (1) month.
6.4 After the first membership-year has been extended by the duration of 1 year, THE ART OF AMBITIOUS & ELEGANT LIVING is entitled to terminate the Membership at any time by means of a written cancellation with due observance of a notice period of one month.
6.5 In addition to art. 6.3, THE ART OF AMBITIOUS & ELEGANT LIVING is entitled to immediately terminate the Membership and / or THE ART OF AMBITIOUS & ELEGANT LIVING Service, without observing a cancellation period, in the case: - the Client acts contrary to these GTC; - the Client acts contrary to the Agreement; - the Client, after a written warning, fails to comply with its obligations under this GTC and Agreement; - the Client has been declared bankrupt, a suspension of payment is granted or the debt restructuring scheme for natural persons has been declared applicable; - the Client is deceased; - the Client (company) is dissolved or liquidated;
6.6 The payment obligations of the Client for Membership and / or the Service of THE ART OF AMBITIOUS & ELEGANT LIVING explicitly do not lapse due to (premature) termination of the Membership. In the event of premature termination of the Agreement during a current Membership year, no partial refund will take place.
6.7 The time period of the performance of THE ART OF AMBITIOUS & ELEGANT LIVING Service(s) estimated by THE ART OF AMBITIOUS & ELEGANT LIVING can never be regarded as a strict deadline as a result of which THE ART OF AMBITIOUS & ELEGANT LIVING will be legally in default.
6.8 THE ART OF AMBITIOUS & ELEGANT LIVING has the right to have the THE ART OF AMBITIOUS & ELEGANT LIVING Service(s) provided by third parties. The applicability of art. 7:404 and 7:407 paragraph 2 of the Dutch Civil Code is excluded. Insofar as the Agreement constitutes a brokerage agreement within the meaning of art. 7:424 Dutch Civil Code, THE ART OF AMBITIOUS & ELEGANT LIVING assumes by issuing a Request from the Client and / or entering into the Membership that it is authorized to enter into further agreements with third parties on behalf of the Client.
6.9 The Client is obliged to make available to THE ART OF AMBITIOUS & ELEGANT LIVING in a timely manner all data which THE ART OF AMBITIOUS & ELEGANT LIVING indicates is necessary for the implementation of the Membership or Service of THE ART OF AMBITIOUS & ELEGANT LIVING, or of which the Client should understand that they are necessary for the correct implementation thereof. THE ART OF AMBITIOUS & ELEGANT LIVING has the right to suspend the Agreement as long as the Client fails to make this information available.
6.10 The Client is obliged to accept the ordered Membership and / or Service(s) at the time they are made available to him. If the Client refuses to accept his order in whole or in part, THE ART OF AMBITIOUS & ELEGANT LIVING is entitled to reserve these orders for the account and risk of the Client.
Article 7: Membership contribution 7.1 The Client owes a Membership Contribution for Membership, amounting to resp. € 5,000 for the "Prestige Membership", € 15,000 for the "First Class Membership" and € 60,000 for the "Elite Membership". The Membership contribution is increased with VAT.
7.2 For the Service of THE ART OF AMBITIOUS & ELEGANT LIVING, THE ART OF AMBITIOUS & ELEGANT LIVING is entitled to fully charge the costs of its resulting services and / or the third party engaged by it, insofar as these costs are not included with the Membership and the Membership contribution.
7.3 Payment of the Membership contribution must be made by the Client within 14 days of the invoice date.
7.4. Payment of all other items and / or services invoiced by THE ART OF AMBITIOUS & ELEGANT LIVING must be made by the Client within 10 days of the invoice date, unless a different payment period is expressly stated on the invoice.
7.5. If an Application is only amended by the Client at the moment that THE ART OF AMBITIOUS & ELEGANT LIVING has already carried out the processing of that Application and / or the Application is only wholly or partially cancelled at that time, the Client is obliged to review any already existing costs to be paid entirely to THE ART OF AMBITIOUS & ELEGANT LIVING.
7.6 THE ART OF AMBITIOUS & ELEGANT LIVING annually determines the amount of the Membership contribution.
Article 8: Legal interest & collection costs 8.1 In the event of late payment of the invoice amount, THE ART OF AMBITIOUS & ELEGANT LIVING is authorized to charge the full statutory (commercial) interest on the invoice amount, calculated from the relevant due date until the date of full payment.
8.2 If the Client who in default is a natural person who is not acting in the exercise of a profession or business, extrajudicial collection costs will be charged, with due observance of Article 6:96 paragraphs 2 up to and including 6 of the Dutch Civil Code. The amount of the collection costs is legally determined with a minimum of € 40,00.
Article 9: Force majeure 9.1 THE ART OF AMBITIOUS & ELEGANT LIVING is not obliged to fulfill any obligation towards the Client if THE ART OF AMBITIOUS & ELEGANT LIVING is prevented from doing so as a result of a circumstance that is not due to fault, nor by law, a legal act or generally accepted opinion for its account. These circumstances include in any case: war danger, insurrection, strikes, boycott, business disruption, disruptions in traffic or transport, disruptions in (data) networks, government measures, scarcity of raw materials, natural disasters, fire, nuclear reactions, machine breakage and all other circumstances, whereby full or partial fulfillment of the obligations by THE ART OF AMBITIOUS & ELEGANT LIVING cannot reasonably be required.
9.2 If the period of force majeure, as referred to in art. 9.1 GTC, lasts longer than two months, then both THE ART OF AMBITIOUS & ELEGANT LIVING and the Client are entitled to dissolve the Agreement, without compensating the damage caused by the dissolution of the other party.
9.3. Insofar as THE ART OF AMBITIOUS & ELEGANT LIVING at the time of the force majeure as referred to in art. 9.1 GTC had already (partially) fulfilled its obligations under the Agreement, and the independent part has independent value, THE ART OF AMBITIOUS & ELEGANT LIVING is entitled to separately invoice that already fulfilled part in accordance with the provisions of these GTC.
Article 10: Liability & indemnity 10.1 THE ART OF AMBITIOUS & ELEGANT LIVING is not liable for any damage (of any nature whatsoever, but in any case any direct or indirect property, consequence, replacement, immaterial, loss of profit, loss of turnover) of the Client that arises from or is caused by services belonging to THE ART OF AMBITIOUS & ELEGANT LIVING Membership and Services, unless the damage is the result of intent or deliberate recklessness on the part of THE ART OF AMBITIOUS & ELEGANT LIVING.
10.2 THE ART OF AMBITIOUS & ELEGANT LIVING will, in addition to the following paragraph, (in any case) not be liable for damage that: a) is caused by the Services provided by THE ART OF AMBITIOUS & ELEGANT LIVING; b) is caused by the Services supplied by THE ART OF AMBITIOUS & ELEGANT LIVING that are incomplete, untimely or incorrect; c) is caused by third parties engaged by THE ART OF AMBITIOUS & ELEGANT LIVING; d) is caused by third parties engaged by the Client; e) is caused by THE ART OF AMBITIOUS & ELEGANT LIVING, because it is based on incorrect and / or incomplete information and data provided by the Client, unless this incorrectness or incompleteness should have been demonstrably known to him.
10.3 In the event THE ART OF AMBITIOUS & ELEGANT LIVING is obliged to compensate the damage suffered by the Client on account of an unlawful act, obligation or the law, the amount of the damage to be compensated will be limited to a maximum of € 2,000.-.
10.4 The Client fully indemnifies THE ART OF AMBITIOUS & ELEGANT LIVING for any claims from third parties that suffer damage in connection with the execution of a Request, Membership or Services of THE ART OF AMBITIOUS & ELEGANT LIVING. The Client also indemnifies THE ART OF AMBITIOUS & ELEGANT LIVING against claims from third parties based on an (alleged) infringement of their intellectual property rights.
10.5. If the Client is in default with the proper fulfillment of any obligation under the Agreement, the Client is liable for all damage suffered by THE ART OF AMBITIOUS & ELEGANT LIVING as a result.
Article 11: Intellectual Property Rights 11.1 All intellectual property rights, including copyright, trademark, trade name, design, domain name, database and patent rights, regarding the Package, Membership and Services of THE ART OF AMBITIOUS & ELEGANT LIVING and the website www.ambitiouselegantliving.com and its contents belong to or are licensed to THE ART OF AMBITIOUS & ELEGANT LIVING or are otherwise used in accordance with applicable legislation or with the consent of the holder of the relevant intellectual property right.
11.2 To the extent that intellectual property rights arising from the use of the Membership and / or THE ART OF AMBITIOUS & ELEGANT LIVING Services accrue to the Client, the Client will immediately transfer these rights to THE ART OF AMBITIOUS & ELEGANT LIVING, which accepts the transfer. If an intellectual property right requires a deed or registration for the transfer thereof, the Client will make all reasonable efforts and cooperation to effect the transfer.
11.3 The Client will refrain from registering the name "THE ART OF AMBITIOUS & ELEGANT LIVING", and all similar names, word combinations, signs and / or logos thereon, as trademark rights within the Benelux, the European Union and globally. The Client will refrain from using the trade name ‘THE ART OF AMBITIOUS & ELEGANT LIVING’, and all similar names, word combinations, signs and / or logos within the Dutch and European territory and globally.
11.4 The Client may not copy, reproduce, republish, download, make public, broadcast or transmit any brand, text, figures, graphics, logos, buttons, icons, images, and the selection and arrangement thereof, or any underlying source code and software, transfer for commercial or public purposes without prior written permission from THE ART OF AMBITIOUS & ELEGANT LIVING or the holder of the relevant intellectual property right. The Client may not modify, adjust or create the material or information of the Package, Membership and Services of THE ART OF AMBITIOUS & ELEGANT LIVING, or use it for any other purpose than for personal, non-commercial use.
11.5 In the event of violation by the Client of the provisions of this article, the Client is obliged to fully compensate the resulting damage to THE ART OF AMBITIOUS & ELEGANT LIVING.
Article 12: Personal data 12.1 THE ART OF AMBITIOUS & ELEGANT LIVING collects the personal data provided by the Client in accordance with its Privacy Statement (available at www.ambitiouselegantliving.com/privacy-disclaimer.html).
12.2 Prior to providing any personal data, the Client must have read and accepted these GTC and the Privacy Statement of THE ART OF AMBITIOUS & ELEGANT LIVING. If the Client provides personal data to THE ART OF AMBITIOUS & ELEGANT LIVING, it is to assume that the Client has given explicit permission to process his personal data.
12.3 The Client must provide his data when registering the Membership. This data includes at least his e-mail address, his name, his address and his telephone number.
12.4 The Client will provide its own data fully and truthfully to THE ART OF AMBITIOUS & ELEGANT LIVING. The Client is not permitted to provide the data of another Membership or person. The Client will not give other members or persons permission to use his Membership either.
12.5 The Client can give permission for the use of his data for newsletters from THE ART OF AMBITIOUS & ELEGANT LIVING. The Client can indicate at any time that he no longer wishes to receive newsletters.
12.6 The Client may request THE ART OF AMBITIOUS & ELEGANT LIVING to have its personal data permanently removed. THE ART OF AMBITIOUS & ELEGANT LIVING will respond to this request, unless it is not authorized to do so on the basis of any judgment and / or legal obligation.
12.7 THE ART OF AMBITIOUS & ELEGANT LIVING uses data solutions from third parties to support its marketing activities.
Article 13: Disputes 13.1 Dutch law applies to all between the Client and THE ART OF AMBITIOUS & ELEGANT LIVING regarding Memberships, Agreements and Services.
13.2. All other legal relationships to which THE ART OF AMBITIOUS & ELEGANT LIVING is a party are exclusively governed by Dutch law, even if an obligation is fully or partially implemented abroad or if the party involved in the legal relationship is domiciled there.
13.3 The Amsterdam District Court is exclusively competent to hear disputes arising from an Application, Membership, Membership Contribution, Package and Services from THE ART OF AMBITIOUS & ELEGANT LIVING and these GTC.
