General Terms and Conditions
Evelien van Es Business & Life Coaching
Computerweg 22, 3542 DR Utrecht
Chamber of Commerce 30253113
VAT Id: NL001654814B30
General Terms and Conditions
In these general terms and conditions of delivery and the agreements to which they have been declared applicable, the following terms have the following meanings:
Provider: Evelien van Es Business & Life Coaching located in Utrecht, The Netherlands;
Customer: the natural or legal person who acts in the course of a profession or business and who purchases a particular service or product from the provider or is a participant in a (coaching) program;
Agreement: the agreement for the provision of services or purchase of products between the provider and the buyer and all further actions between the provider and the buyer regarding the sale and delivery of services or products, including offers and registration procedures, and including the general terms and conditions applicable to agreements;
Products and services: the products and / or services such as training, coaching and books, whether or not sold and delivered or sold and delivered by the provider to the customer;
Program: a program offered by the provider with various components, such as training and / or coaching, that are given over a longer period, as further described by the provider;
Online training: the course or training selected by a customer via an online application from the online offer of the provider.
2.1 These general terms and conditions of delivery apply, with the exclusion of third-party terms and conditions, to all agreements for the supply of products and services by the provider to the customer;
2.2 Deviating conditions only apply if they have been explicitly accepted in writing by the provider and only apply to the agreement in question;
2.3 Changes and additions to any provision in the agreement are only valid if they have been put down in writing and signed by both parties;
2.4 The term ‘in writing’ with regard to communication between the provider and the customer also includes electronic communication (including e-mail). The provider’s electronic system is deemed to be the only proof of the content and time of receipt and transmission of the electronic communication concerned;
2.5 The offer of the provider is exclusively aimed at customers who act in the course of a profession or business.
3. Realization of the agreement
3.1 The agreement for following a (coaching) program is concluded by a written confirmation by the provider of the (coaching) program agreed with the customer, followed by a written confirmation thereof by the customer;
3.2 If it concerns an online program or training, the provider will inform the potential customer by e-mail, using the e-mail address indicated by the relevant party, whether or not it has been accepted in the program;
3.3 As long as the notification referred to in article 3.2 has not taken place, no agreement will be concluded regarding the follow-up of a program and the customer can cancel the registration;
3.4 The agreement for following an online training is concluded through the digital registration of a customer, in accordance with the specified registration conditions, aimed at the conclusion of an agreement for following an online learning course;
3.5 The agreement to purchase a product or service is concluded by electronic acceptance by the customer of the online offer from the provider and compliance with the associated conditions, or by purchase and payment of a physical product (such as a book).
4.1 Prices quoted by the provider are exclusive of VAT, as well as exclusive of all other levies, duties or charges owed in connection with the execution of the agreement, unless explicitly stated otherwise;
4.2 Most EU business owners are not charged VAT because the VAT is shifted. Dutch VAT is charged to private EU and non-EU individuals.
4.3 Travel and subsistence expenses related to following on-site components of a program and costs of recommended literature, printed materials and other necessary support materials are not included in the program prices unless expressly agreed otherwise. The provider can charge the aforementioned costs separately.
5. Payment and billing
5.1 The customer must have paid the amounts due, including VAT, no later than on the agreed payment dates or within the agreed payment terms. The customer is not entitled to suspend its payment obligations, even in the event of complaints;
5.2 If payment for the delivery of services or products is to be made in advance, the customer cannot assert any right to delivery thereof before full payment of the amount due to the provider has taken place;
5.3 The provider sends the customer invoices for services and products it has delivered or (in the case of advance payment) to be delivered, and if desired also for products (such as books);
5.4 The provider is entitled to send invoices electronically to the email address indicated by the customer;
5.5 If no other payment term has been agreed, invoices must be paid within 10 days of the invoice date;
5.6 Payment must be made net in the bank account of the provider, without any discount, deduction or set-off. The value day indicated on the bank statements of the provider is regarded as the day of payment;
5.7 If the customer has not paid the full amount due within the agreed payment term or no later than the agreed payment date, the customer will be in default by operation of law, without any notice of default being necessary. From the day that the customer is in default until the day of full payment, the customer owes default interest of 1.5% on the amount owed per month or part thereof, whereby part of a month will count as a whole month. This applies without prejudice to the provider’s right to full compensation based on the law;
5.8 The customer must submit complaints regarding invoices to the provider by letter or e-mail no later than 7 days after the invoice date, failing which invoices will be deemed to have been accepted and approved by the customer, and complaints will no longer be accepted;
5.9 No refunds will be made after the purchase and payment of physical products, such as books.
6. Obligations of the customer when executing a program
6.1 The customer must ensure that the essential information requested by the provider and/or required for training/coaching is provided correctly and completely;
6.2 Each customer is bound by the provisions included in the agreement (including these general terms and conditions);
6.3 The customer guarantees that it adheres to the provisions included in the agreement (including these general terms and conditions of delivery) that (also) apply to customers;
6.4 The parts of a program must be completed within the period indicated in the information material about the program;
6.5 The customer must, from a positive basic attitude, be cooperative when following training / coaching.
7. Rights of the provider regarding the execution of a program
7.1. Provider is entitled:
a. to change the content of a program intermediate for reasons of qualitative improvement;
b. to determine the group size with regard to the training and coaching sessions in a program
c. to change the planning of parts of a program intermediate, with regard to place or time;
d. to determine which trainer/coach will provide a training or coaching, and possibly replace a trainer/coach in the meantime;
e. in case of insufficient registrations or for other reasons of its own, cancel a program in advance. Accepted customers will be notified of this, without the provider being obliged to state reasons, after which their payment obligations will lapse and/or payments already paid will be refunded;
f. (in the meantime) to refuse the participation of a specific customer for reasons of its own. The relevant customer will receive notification of this, without the provider being obliged to state reasons, after which their payment obligations will lapse and payments already made (in proportion to services not yet received) will be refunded.
8. Cancellations by customer and/or provider
8.1 The Customer is entitled to cancel participation by it and to cancel an agreement regarding participation in a program;
8.2 Cancellation of participation in a program or cancellation of the agreement must be done by the customer by means of a registered letter to the address of the provider that is stated on the website of the provider;
8.3 In the event of cancellation by the customer, the supplier is not obliged to refund the amount paid by the customer, and the customer is bound to pay any payment terms still owed to the supplier;
8.4 The provisions of articles 8.1 and 8.2 apply subject to the right of the customer to cancel participation in a multi-day program if the customer has noticed during the first day that the offered does not match what has been explicitly offered in advance. The customer must inform the provider about this before 12:00 pm on the first day of the multi-day program and confirm this in writing no later than the day after. Within 14 working days thereafter, prepaid amounts, less the non-refundable down payment, will be refunded to the customer, provided that course materials received have been returned. Refunds will not be made in the event that a replacement person participates in the program as defined in article 8.5;
8.5 In case of cancellation of participation in a program, the customer is entitled to appoint another person to participate in the program within 7 working days after cancellation. Provider is free to accept or not accept a replacement person;
8.6 Cancellation of an online course agreement is not possible after conclusion of the agreement;
8.7 Rescheduling 1-on-1 calls in a program is possible only at the discretion of the provider. Missed calls cannot be made up and do not lead to a change (reduction) in the (payment) obligations of the customer.
9. Intermediate cancellation by provider in case of a program
9.1 Provider is entitled to cancel a program prematurely without giving reason. In that case, the customer is entitled repayment of the amounts paid by him/her after deduction of the amounts due for the services already delivered.
10.1 Provider makes every effort to the best of its knowledge and ability in the execution of its work regarding training and coaching. However, the final result also depends on factors over which the provider cannot influence. The provider does not provide any responsibility with regard to the result of work performed by it;
10.2 With regard to the delivery of products, any liability of the provider is limited to the possible supply of a replacement product or to the refund of the amount paid by the customer in the event of an inadequate delivery;
10.3 Provider is not liable to the customer(s) for any damage as a result of any default in the fulfillment of its obligations to them or damage that is directly or indirectly the result of the execution of an agreement, unless if and insofar as this damage is due to the intent or deliberate recklessness of the provider;
10.4 Provider is not liable for damage resulting from errors or the omission of third parties or auxiliary persons charged by the provider with the performance of work;
10.5 Provider is not liable for damage resulting from a shortcoming of the customer(s) in complying with the obligations set out in article 6 or any consequential damage from implementation in the organization of the customer of documents and plans drawn up in a program during the training, such as action plans;
10.6 If and insofar as any liability would come to rest on the provider, on whatever ground, this is at all times limited to direct damage and limited to payment under the liability insurance of the supplier that covers the relevant damage and proceeds to payment;
10.7 Apart from the cases referred to in article 10.6, the liability of the provider is in any case limited to the amount charged for the damage-causing performance;
10.8 The customer will never address personnel of the provider personally in connection with an agreement;
10.9 Any claim against the provider, except a claim that has been acknowledged by the provider, lapses by the mere lapse of 12 months after the claim arose;
10.10 The supplier’s employees can invoke against the customer all defenses to be derived from the agreement, as if they were party to that agreement.
11.1 If the provider is prevented from (further) executing the agreement by force majeure of a permanent or temporary nature, irrespective of whether this was foreseeable, the provider is entitled, without any obligation to pay compensation, to the agreement in full or in writing, without judicial intervention. partially terminate, without prejudice to the provider’s right to payment by the customer for services already performed by the provider before there was a force majeure situation, or to suspend the (further) performance of the agreement in whole or in part;
11.2 Provider will inform the customer as soon as possible of the situation of force majeure. If possible, the parties will try to find a solution in consultation, such as, in the event of a trainer’s illness, relocation of programmed activities
11.3 In the event of suspension, the provider will still be entitled to terminate the agreement in whole or in part. In that case, neither of the parties is entitled to compensation for the damage suffered as a result of the suspension;
11.4 Force majeure includes all circumstances whereby the provider is temporarily or permanently unable to meet its obligations, such as illness or death of a trainer, riot, war, electricity outages, computer malfunctions, internet malfunctions, (mobile) telephone malfunctions and furthermore all circumstances in which reasonably not the provider may be required to (further) fulfill its obligations to the customer.
12. Implementation by third parties
12.1 Provider is entitled to engage third parties for the execution of an agreement.
13.1 Provider will not disclose substantive and confidential information that it has received from the customer in the context of the execution of an agreement, unless otherwise agreed or the provider is obliged to do so based on laws or regulations;
13.2 Customer is bound to observe secrecy with regard to all confidential information that they have obtained in the context of the execution of an agreement with regard to a program from the provider or other buyers/participants of a program. Information is considered confidential if this has been communicated by the provider/other customers or if this results from the nature of the information. If in doubt, the information is considered confidential.
14. Intellectual property rights
14.1 The intellectual property rights concerning training courses, programs, documents, (e-)books, brochures, presentations, handouts, lectures, exercises, offers, expressions on the provider’s website, e-zines, e-mails, models, techniques, other documents and information developed by the provider arising from the work of the provider and the software used are vested in the provider or its licensors, unless another right holder has been indicated on a work;
14.2 The intellectual property right and copyright regarding the expressions mentioned in article 14.1 are not transferred on the basis of an agreement, unless agreed otherwise in writing;
14.3 Without the prior written permission of the Entrepreneur, it is not permitted to edit, multiply, display or distribute any material described under article 14.1, in whole or in part, other than for internal use at the Customer within the framework of the Agreement, ;
14.4 It is not permitted to remove or change any indication of rights from information provided by the provider.
15. Suspension and termination
15.1 In the event that:
a. the customer has not, not timely or not fully fulfilled its payment obligations towards the provider;
b. the customer applies for his/her own bankruptcy, is declared bankrupt or requests
suspension of payment;
c. a decision is taken and/or the customer is proceeded to liquidation or the customer’s business activities are terminated;
d. even after a notice of default with a reasonable term for performance, the customer does not meet its obligations towards the provider, the customer is deemed to be in default by operation of law. Provider has the right to terminate the agreement in whole or in part with immediate effect, to refuse (further) participation of the customer in a program or to suspend obligations (performance of its services), without prejudice to further rights of the provider under the law. In that case, the provider is not obliged to repay amounts already paid or to pay compensation and remains entitled to amounts not yet paid by the customer that are due under the agreement and become immediately due and payable due to the default;
15.2 Upon termination of the agreement, provisions that by their nature are intended to continue will survive, such as, but not limited to, provisions regarding confidentiality and intellectual property.
16. Personal data
16.1 Provider treats personal data that it receives under the agreement with the customer in strict confidence and in accordance with applicable privacy laws and regulations (GDPR);
16.2 In a customer database, the provider will include the customer’s company name, personal name, address details, email address and telephone number. These are used to execute an agreement and, provided that the customer gives explicit permission, can also be used for sharing newsletters, tips, blogs and offers from other training courses, events, programs and products of the provider;
16.3 The customer always has the right to withdraw his consent to the processing of data, after which the provider will no longer process the data for the provision of information. Withdrawal of this consent does not affect the legality of our data statement based on the consent of the customer, which took place before this withdrawal;
16.4 The customer also has the right to inspect his personal data and the right to rectify it. To view the personal data, the customer can submit a written request for inspection to the provider.
17. Mediation clause
17.1 In the event of disputes relating to the agreement signed by the parties or from agreements that build on it, the parties will attempt to resolve them in the first instance by means of mediation, in accordance with the Regulations of the Mediators Federation of the Netherlands (established in Rotterdam), as stated on the start date of the mediation;
17.2 As long as the mediation has not ended, neither party will bring the dispute to court, unless solely for the preservation of rights;
17.3 Parties attend the first mediation meeting together. After that, parties are free to terminate the mediation at any time. The mediation starts when the parties attend the first joint mediation meeting;
17.4 If it has proved impossible to resolve a dispute as referred to above using mediation, that dispute will be settled by the competent court in the Utrecht District Court in The Netherlands.
18. Applicable law and competent rights
18.1 Dutch law applies to all agreements concluded by the parties. The Vienna Sales Convention 1980 (CISG, Vienna Convention) does not apply;
18.2 All disputes arising from agreements can only be brought before the competent court in the district in which the provider is established.
19.1 Provider is entitled to change these general terms and conditions. The customer is deemed to have accepted the relevant changes if Provider has not received a written protest against this within 14 days after its notification that the change will take place.