GENERAL TERMS AND CONDITIONS OF HUNT YOUR DREAM
GENERAL TERMS AND CONDITIONS OF HUNT YOUR DREAM
1.1 These general terms and conditions (“Conditions”) use the following definitions:
a. HYD: the private company with limited liability Winning Quotations Only B.V., trading as Hunt Your Dream, with registered offices in Arnhem at Bovenbrugstraat 7 (6814 DP), registered with the Chamber of Commerce with number 27282051;
b. Subscription: an Agreement based on which HYD continuously or repeatedly delivers Products and/or provides Services to the Customer during a definite or indefinite period;
c. DCC: the Dutch Civil Code;
d. Coaching Platform: the platform offered by HYD through its Website on which the Customer can make use of coaching and associated Services against payment, as described on the Website and in the offers by HYD;
e. Customer: each natural person or legal entity who or which negotiates with HYD about the conclusion of an Agreement and/or who or which concludes an Agreement with HYD concerning the provision of Products or Services;
f. Days: calendar day(s);
g. Third Parties: other parties than HYD and the Customer;
h. Services: the services and advice by HYD specified in the Agreement;
i. Growth Platform: a section of the Website on which HYD offers a range of information to website visitors, such as blogs, informative videos, and podcasts;
j. Agreement: an Agreement between HYD and the Customer based on which HYD provides Products and/or Services based on whatever title;
k. Product: the physical and digital goods delivered to the Customer as specified in the Agreement;
l. In Writing: by letter or email;
m. Website: the Website of HYD which, inter alia, is offered through the domain names huntyourdream.com, huntyourdream.it, and huntyourdream.pt;
1.2 If the words used in Article 1.1 are used in the singular, this will also include the plural and vice versa.
1.3 These Conditions govern all offers, quotations, and contract confirmations by, orders placed with, and (negotiations about) Agreements concluded with HYD.
1.4 Deviating conditions and provisions will only apply if these have been agreed with HYD In Writing and have been confirmed by HYD In Writing and will not affect other aspects of these Conditions.
1.5 Nullity, unenforceability, or the inapplicability of one or more of the provisions set out in these Conditions or a part of a provision will not affect the effectiveness and validity of the other provisions of these Conditions.
1.6 The applicability of any other conditions of the Customer is expressly rejected by HYD, unless agreed In Writing with the Customer.
1.7 HYD has the right to unilaterally amend these Conditions. If HYD makes use of this power to amend the Conditions, the amended Conditions will come into force once the amended Conditions have been sent to the Customer by HYD. If the Conditions are amended to the detriment of the Customer, the Customer has the right to dissolve the Agreement within two months after the new Conditions have taken effect. Any already completed performances will not be reversed.
1.8 Orders placed by persons younger than 18 require the permission of a parent or guardian.
2.1 All offers and statements by HYD:
a. are non-binding;
b. apply as a whole;
c. are only addressed to the Customer;
d. cannot be partially accepted; and
e. will only be valid during one Website visit, or during the period listed with the offer.
2.2 Manifest typos or mistakes by HYD in offers will not be binding to HYD. The Customer cannot derive any rights from this.
2.3 Part of the Products offered by HYD consist of so-called affiliates. These are Products (by Third Parties) sold by Third Parties and offered as such by HYD. Such Products are purchased directly from Third Parties. No Agreement will be concluded with HYD in this case.
3.1 The Agreement will be concluded once the Customer accepts the offer by HYD and meets the conditions imposed by HYD.
3.2 The Customer will provide correct name and address details when placing an order. HYD may rely on these data. HYD will not be liable for any consequences of the provision of incorrect data, nor will the Customer have the right to dissolve the Agreement.
3.3 Once the Customer places an order on the Website, HYD will confirm the order by email on the email address provided by the Customer when placing the order as soon as possible.
3.4 HYD will publish these Conditions on its Website and will provide a copy of these Conditions no later than the delivery of the Product, or send a permanent electronic reference to the Conditions to the Customer by email.
3.5 The Customer can only fully or partially transfer its rights and obligations arising from the Agreement with the explicit Written prior permission of HYD.
4.1 HYD offers the option to purchase a Subscription for certain Products and Services on its website. Subscriptions have a specific duration. The Customer must use the Products and Services covered by the Subscription before the end of the duration. The right to Products and Services will expire after the end of the duration of the Subscription.
4.2 Subscriptions will be tacitly renewed by the same duration after the end of the first duration, unless listed otherwise in the offer. Subscriptions with an indefinite duration will be considered Subscriptions with a duration of one year in this respect.
4.3 The Customer can terminate a Subscription with effect from the date on which the Subscription ends or is (tacitly) renewed with due observance of a notice period of at least one month. A termination received by HYD after the end of the notice period will be considered a termination with effect from the end of the next Subscription period. The Customer can terminate a Subscription by sending an email to the customer service department at email@example.com or by contacting the customer service department in a different manner.
4.4 Any fees paid in advance will remain due and will not be refunded, irrespective of the termination.
5. COACHING PLATFORM
5.1 HYD offers access to the Coaching Platform against payment. Access can be obtained through the Website.
5.2 The Customer can purchase Services through the Coaching Platform consisting of coaching and associated services. HYD cooperates with a number of coaches who deliver Services to the Customer. HYD makes agreements with these coaches concerning how they deal with the Customer and the personal data of the Customer. These agreements will at least correspond to the privacy statement of HYD (refer to Article 15).
5.3 The Services offered by HYD through the Coaching Platform are by nature a best-effort obligations of HYD vis-à-vis the Customer. The Customer cannot derive any rights from the content of the Coaching Platform and the information exchanged on this platform. This means that the Coaching Platform does not guarantee that the issues of the Customer are resolved. It must be considered a tool for personal development.
5.4 Unless indicated otherwise in the offer, HYD and its coaches do not offer medical advice to the Customer. Always consult a physician in case of medical complaints.
6.1 All fees offered by and agreed with HYD are in euros and include the VAT due and any other (government) levies.
6.2 The offered and agreed fees of Products do not include delivery costs. If delivery costs apply, these will be clearly stated on the Website and in the order confirmation.
6.3 HYD has the right to amend the fees. If the Customer purchases a Subscription, fee changes will only be processed after the end of the (original) Subscription period. If the fee of the Subscription changes, HYD will send an email with information about the fee change at least one month in advance. The Customer has the right to terminate the Agreement with effect from the effective date of the new fee.
7. DELIVERY AND IMPLEMENTATION
7.1 The Customer is entitled to the delivery of a compliant Product and the performance of a complaint Service by HYD. Services constitute a best-effort obligation of HYD vis-à-vis the Customer.
7.2 The Services on the Coaching Platform, such as (online) coaching, may be implemented differently than as set out in the offer in consultation with the Customer. The Customer will not have the right to dissolve the Agreement in this case.
7.3 HYD strives to observe the (delivery) periods listed by it and will complete the delivery no later than within thirty days. If HYD believes that this deadline will be exceeded, it will inform the Customer. The Customer will have the right to dissolve the Agreement in this case. The Customer is not entitled to compensation if a (delivery) period is exceeded, except in case of intent or deliberate recklessness of HYD.
8. PAYMENT CONDITIONS
8.1 The order confirmation sent after placing an order also constitutes the invoice. The invoice will only be provided in a digital format.
8.2 HYD offers various payment options. The payment conditions may differ per payment option and will be stated clearly before the Customer places an order. If the full (purchase) price is not paid in advance, the payment period of each invoice will be fourteen (14) days following the invoice date.
8.3 If the Customer does not pay the invoice within this period, HYD will send a payment reminder to the Customer and offer a final period of fourteen (14) days in this reminder. The Customer will be in default after this period. In this case, HYD will have the right to charge the statutory interest as set out in Article 6:119 DCC. HYD will also claim the extrajudicial collection costs incurred.
9. RIGHT OF REVOCATION
9.1 Exclusively if the Customer is a customer not acting in the pursuit of a profession or company, the Customer will have the right to: dissolve an Agreement for the delivery of Products without substantiation, no later than within 14 days after the Products have been delivered to the address indicated by the Customer, or on which the Products have been retrieved from HYD by the Customer.
b. dissolve an Agreement or the provision of Services, no later than within 14 days after the Agreement was concluded.
9.2 If the Customer wishes to make use of its of revocation, it must inform HYD within 14 days after the delivery of the Product, or, in case of a Service, after the Agreement was concluded. The Customer can use the model form enclosed as Annexe 1 for this. The Customer will subsequently return the Product to HYD within 14 days with all accessories and in the original packaging to the greatest extent possible. The Customer will provide HYD with proof of the shipment to enable HYD to determine that the Product was returned within the period.
9.3 The Customer will always handle the Product and the packaging with care during the reflection period. The Customer may only use the Product in such a manner that it enables it to assess whether it wishes to keep the Product.
COSTS IN CASE OF REVOCATION
9.4 The Customer will bear the costs of the return shipment itself.
9.5 HYD will refund any amounts already paid by the Customer as soon as possible, but no later than within 14 days, after HYD has received the returned Product(s). HYD will refund these amounts using the same payment method used by the Customer, unless the Customer gives permission for the use of another method.
9.6 In case of damage to the Product due to careless use by the Customer, the Customer will be liable for any loss of value of the Product.
EXCLUSION OF THE RIGHT OF REVOCATION
9.7 The Customer cannot make use of the right of revocation if the delivered Products:
a. are created through customisation;
b. are not suitable to be returned by nature;
c. perish quickly or have a limited shelf-life;
d. which price depends on fluctuations on the financial market over which HYD cannot exert any influence;
e. cannot be returned for hygienic reasons, insofar as the Customer has broken the product seal.
9.8 Insofar as the Agreement concerns the performance of Services, the Customer cannot make use of the right of revocation if the Services have already been performed during the revocation period and the Customer has waived its right of revocation.
10. SHORTCOMINGS AND COMPLAINTS
10.1 Complaints about and shortcomings in the Products and/or Services of HYD must be submitted. Complaints will be assessed by HYD using the complaints procedure published at www.huntyourdream.com/complaints-procedure.
10.2 Complaints about delivered Products or provided Services, or the corresponding invoicing, must be submitted to HYD as soon as possible (within a reasonable period), but no later than within two (2) months after the discovery of any non-conformity or any shortcoming;
10.3 A complaint by the Customer does not suspend the (payment) obligations of the Customer arising from the Agreement.
10.4 Returns not approved by HYD In Writing in advance will not be accepted by HYD and will take place fully for the risk and account of the Customer. An exception to this rule is the returns by the Customer based on the right of revocation, provided that the Customer has reported its return in advance, whether or not using the model form enclosed as Annexe 1.
11.1 The warranty provisions adopted by the suppliers of HYD govern the Products delivered by HYD. HYD does not offer any other warranties, unless a warranty has been explicitly agreed on with the Customer.
11.2 No warranty is offered for the Services provided by HYD.
11.3 All warranty obligations of HYD will expire if:
a. processing operations, modifications, or repairs have been conducted with respect to a Product without the prior Written permission of HYD;
b. a Product has been handled carelessly;
c. the Product has not been used in accordance with its destination.
12. FORCE MAJEURE
12.1 If a situation of force majeure exists, and HYD, for this reason, is unable to complete a delivery (for an extensive period of time), both HYD and the Customer have the right to fully or partially dissolve the Agreement insofar as not yet performed. HYD will not be required to pay any form of compensation in this case.
12.2 If HYD has already partially met its obligations before the dissolution because of force majeure, HYD has the right to charge this part.
13.1 The liability of HYD and/or Third Parties for damage suffered by the Customer is limited to the amount paid by the Customer to HYD for the implementation of the Agreement, except insofar as this damage is the direct result of intent and/or deliberate recklessness of HYD.
13.2 HYD is not liable for indirect damage, such as consequential damage and delay damage.
13.3 If the liability of HYD is determined based on Article 7:24 DCC, any limitation of liability of HYD will be limited to which is permitted based on this article.
13.4 Without prejudice to the provisions of the preceding paragraphs, the liability of HYD will always be limited to the amount paid by the liability insurance of HYD.
14. RESERVATION OF OWNERSHIP
14.1 Delivered Products will remain the property of HYD until the full invoice amount has been paid.
14.2 If and for as long as HYD is the owner of the Products, the Customer may not sell, lease, provide, or encumber the Products.
15. PROCESSING OF PERSONAL DATA
15.1 HYD processes personal data of the Customer during the implementation of the Agreement, the delivery of Products, and the provision of Services. HYD processes the personal data of the Customer in accordance with applicable laws and regulations and in accordance with the HYD private statement as published at www.huntyourdream.com/privacy.
15.2 HYD can periodically revise the privacy statement. If this is the case, HYD will inform the Customer well in advance about any changes to the privacy statement.
16.1 In a situation in which:
a. the Customer is declared bankrupt,
b. the Customer is accepted to the Dutch Statutory Debt Restructuring Scheme Natural Persons,
c. the Customer requests its own bankruptcy or suspension of payments or entry into the Dutch Statutory Debt Restructuring Scheme Natural Persons,
d. the Customer disposes of its assets,
e. attachment is levied on (a part of) the assets of the Customer;
f. the Customer becomes the subject of receivership;
g. the Customer otherwise loses the power to dispose of its assets or parts thereof;
h. the Customer passes away; or
i. the Customer fails to fulfil any of its obligations pursuant to the Agreement or these Conditions;
HYD will have the right to extrajudicially dissolve the Agreement with immediate effect in whole or in part without notice of default being required by means of a Written notice, everything without prejudice to the other rights of HYD.
17. INTELLECTUAL PROPERTY RIGHTS
17.1 All intellectual property rights concerning the (contents of) the website(s) of HYD, the Coaching Platform, the Growth Platform, and the Products delivered by HYD or the Services provided by HUD are vested solely with HYD and/or its suppliers and/or licensors. The Customer acknowledges these rights and will refrain from infringing on these intellectual property rights.
17.2 Insofar as HYD delivers Products or Services to the Customer of which the property rights have not expired, HYD will grant the Customer a non-exclusive and non-transferable usage right for the duration of the Agreement, everything subject to the condition of full and timely fulfilment by the Customer of its obligations arising from the Agreement.
17.3 If and insofar as a performance by HYD leads to intellectual property rights (or claims to these rights) at the Customer, the Customer hereby transfers these intellectual property rights to HYD, which transfer is accepted by HYD, without the Customer being entitled to any form of compensation.
18. APPLICABLE LAW
18.1 All Agreements and these Conditions are exclusively governed by the laws of the Netherlands, and the Dutch courts will be competent.
18.2 All disputes arising from these Conditions or the Agreements will be submitted to the court in the district where the Customer resides, or with the District Court of Gelderland if no residence of the Customer is known.
19. COPYRIGHT ON GENERAL TERMS AND CONDITIONS OF HUNT YOUR DREAM
ANNEXE 1 – MODEL FORM FOR DISSOLUTION/REVOCATION
You must only complete and submit this form if you want to dissolve/revoke the agreement.
To Winning Quotations Only B.V. (Bovenbrugstraat 7, 6814 DP)
I/We (*) hereby inform you that I/we (*) revoke the agreement concerning the sale of the following goods/provision of the following service (*)
Ordered on (*)/Received on (*)
Customer(s) Name/Names Customer(s) Address
Customer(s) signature(s) [only if this form is submitted on paper]
(*) Strike-through as appropriate.
1. WINNING QUOTATIONS ONLY
- The privacy statement governs the use of Hunt Your Dream exploited by Winning Quotations Only B.V. (CoC 27282051), hereinafter referred to as “Winning Quotations Only” or “we”.
2. PROCESSING OF PERSONAL DATA
- Winning Quotations Only processes your personal data.
- We value the protection of personal data.
- Winning Quotations Only respects your privacy and ensures that your personal data are always handled confidentially and in accordance with applicable privacy legislation.
- Winning Quotations Only will process your personal data for the following purposes:
- Implementing the agreement(s) concluded with you;
- Keeping administrative records, as well as other internal administrative activities;
- Calculating, registering, and collecting amounts due, including outsourcing claims to third parties;
- Contacting you and responding to questions asked by you;
- Informing you about new products and/or services and offers by third parties or by Winning Quotations Only on the web platform;
- Sending digital newsletters by email;
- Improving the website and services of Winning Quotations Only;
- Complying with statutory obligations, such as record-keeping and retention duties;
- Handling disputes and conducting an audit.
4. STATUTORY GROUND
- The legal grounds of the aforementioned processing purposes are:
- The permission you have granted;
- Taking precautionary measures requested by you and/or implementing the agreement concluded with you;
- Compliance with legal obligations;
- Pursuing the legitimate interests of Winning Quotations Only or a third party.
- Winning Quotations Only invokes the ground of a legitimate interest for the purposes listed above as 2, 3, 4, 5, 6, 7, and 9.
- The legitimate interest of Winning Quotations Only consists of conducting its regular business operations, conducting internal administrative activities, performing internal (market) analyses, the ability to conduct marketing activities, and similar interests of a commercial and operational nature.
- Naturally, the privacy interest of the data subject is considered at all times.
- You can object to these processing operations based on the right of objection. More information about this right can be found later in this statement.
5. CATEGORIES OF PERSONAL DATA
- Various personal data are processed when using Hunt Your Dream. Winning Quotations Only processes the following data.
- General: contact and payment data provided if you request information using the contact form or the chatbox information or purchase products in the webshop. Data you provide yourself for the Wall of Dreams, for example, are also processed.
- Account App Hunt Your Dream: account details, including log-in credentials, name and address details, payment details, information, and images uploaded in the Collective Area. We only process images from the Personal Area of the App for which you have explicitly granted permission.
- Account Web Platform Hunt Your Dream: account details, including log-in credentials, name and address details, payment details, information, and images uploaded or entered through the web platform.
- Advice & Coaching: a report is created of the advice or the coaching support (coaching interview or otherwise). Depending on the selected advice or coach support, the report may include special personal data (including health data, if applicable). The report can be accessed by you and the coach.
6. MANDATORY DISCLOSURE
- When we ask you for personal data, we will indicate for each situation whether the provision of the data is necessary or mandatory, and what the (potential) consequences of not providing the data are.
- This will be based on the principle that Winning Quotations Only will not process more personal data than necessary for the purposes set out above.
- In a number of cases, Winning Quotations Only may process personal data which are published by yourself. Examples are information you share when participating in a poll, posting a blog, or sharing information on the Wall of Dreams.
7. EXCHANGE WITH THIRD PARTIES
- Your data will be shared with the coach if you make use of coaching and/or advice.
- Winning quotations Only will not share any personal data with third parties which will use the data for their own purposes. The above will only not apply if:
- You have given prior permission for the disclosure in question; or
- Winning Quotations Only is required by law to disclose information.
8. TRANSFER ABROAD
- Your personal data may be processed in countries outside of the EU. We will take appropriate measures when we process your data in countries outside of the EU.
- Adequacy decision: firstly, the transfer of personal data to a third country can take place based on an adequacy decision of the European Committee. This means that personal data will need to be transferred to third countries for which it has been acknowledged that they offer an adequate level of protection. Click here to check which countries outside of the EU offer a suitable level of data protection
- Suitable guarantees: If the transfer cannot be based on an adequacy decision, Winning Quotations Only must offer suitable guarantees to be permitted to transfer the personal data to a third country. Winning Quotations Only has taken suitable measures. Transfer to third countries that cannot be based on an adequacy decision will only take place based on Binding Corporate Rules or Standard Contractual Clauses.
- You can obtain a copy of the relevant guarantees using the contact details below.
9. AUTOMATED DECISION-MAKING AND PROFILING
- Winning Quotations Only makes use of automated decision-making and/or profiling.
- The interest of Winning Quotations Only in using these technologies is based on increasing the individual service level according to the selected Growth theme. The automated decision-making makes – in essence – use of the following underlying logic: the user selects a Growth theme and receives relevant additional information.
- The consequences for you of the use of these technologies are expected to be positive because they can help you with your personal development and growth.
10. RETENTION PERIODS
- Your data will be kept during the duration of the use of the app or one of our other services.
- We will keep the data related to the business operations for the mandatory statutory period of 7 years.
- Your data will not be kept longer than necessary.
11. SECURITY OF PERSONAL DATA
- Winning Quotations Only will take (or have another party take) suitable technical and organisational measures to secure personal data against loss or any form of unlawful processing.
- Various measures have been taken in this context, including data encryption, encrypted communication, and confidential handling of data.
12. YOUR RIGHTS
- You have the following rights:
- Right to access: the right to access the personal data processed by Winning Quotations Only;
- Right of rectification and removal: the right to have data rectified or removed if the data are not (or no longer) correct, or if the processing is not (or no longer) justified;
- Right of objection: this means that you can object to certain processing of personal data based on your specific situation. The right of objection concerning the use of data for direct marketing purposes is absolute. Unsubscribing from our commercial communication will always be respected. In cases for which no permission has been granted and not related to direct marketing, Winning Quotations Only will consider the interests involved;
- Right to limitation: insofar as you dispute the accuracy of the data, you have the right to limitation of the processing of your data in certain conditions. This essentially means that Winning Quotations Only temporarily ‘freezes’ the processing of the data;
- Right to data portability: the right to transfer the data in our possession concerning you in a regular, machine-readable format, or to request the transfer of these data to another controller;
- Right to revoke permission: you have this right insofar as we process data about your based on your permission. You will always have the right to revoke a granted permission. We will cease the processing immediately in this case.
- You are also free to file a complaint with the regulator.
- The regulator in the field of privacy legislation is the Dutch Data Protection Authority.
- You can find the contact details of the Dutch Data Protection Authority through the website www.autoriteitpersoonsgegevens.nl.
- This privacy statement can be amended. These amendments will be published on the website or in the app of Winning Quotations Only.
- Winning Quotations Only can process your personal data for new purposes that are not yet listed in this privacy statement.
- If this is the case, we will contact you before using your data for these new purposes to inform you of the changes to our regulations on the protection of personal data and to enable you to refuse your participation.
15. CONTACT DETAILS