General terms and conditions for providing services and products
Nadine Consultancy
Article 1. Definitions
In these general terms and conditions, the following definitions shall apply:
1. Contractor: Nadine Consultancy, personally represented by Nadine Maas, who uses these general terms and conditions in a contract;
2. Client: the natural or legal person, who may or may not be acting for purposes related to his trade, business, craft or profession and who issues the order for the work to the Contractor;
3. Buyer: the natural or legal person who, whether or not acting for purposes related to his trade, business, craft or profession, purchases a product or service from the Contractor;
4. Services: all services provided by the Contractor to the Client and/or Customer;
5. Products: all products delivered by Contractor to Principal and/or Customer;
6. Coachee: the person who participates in a course, guidance, counseling or coaching program, the latter if he himself is not the Client.
7.Courses, guidance, counseling and coaching programs: the personally tailored guidance, counseling and coaching programs, Pick My Brain and Roadmap to Freedom.
8. Digital Content: E-books and data produced and delivered in digital form;
9. Durable Data Carrier: any device – including e-mail – that enables the Client to store information addressed to him personally in a way that permits future consultation or use for a period of time appropriate to the purpose for which the information is intended, and that permits unaltered reproduction of the stored information;
10. Distance contract: a contract concluded between the Customer and the Contractor under an organized system for the distance sale of products, digital content and/or services, where, up to and including the conclusion of the contract, exclusive or joint use is made of one or more techniques for distance communication;
11. Technique for distance communication: means that can be used for concluding an agreement, without the Client and Contractor having to be together in the same room at the same time;
12. Continuous contract: a contract for the regular supply of goods, services and/or digital content for a specified period;
(Ancillary) contract: a contract under which the Customer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are provided by the Contractor or by a third party on the basis of an arrangement between that third party and the Contractor.
Article 2. Identity of Contractor:
Nadine Consultancy:
Princes Wilhelminaweg 1
6241ET Bunde
info@nadineconsultancy.nl
KVK 78535190
VAT ID NL003345812B57
Article 3. Applicability of these terms and conditions
1. These general terms and conditions apply to every (extension of) offer made by the Contractor and to every agreement concluded between the Buyer/Client and the Contractor. Deviations from these terms and conditions are valid only if expressly agreed in writing.
2. Not only the Contractor but also all natural persons, legal entities and/or third parties engaged by the Contractor in the execution of any order may invoke these general terms and conditions.
3. These general terms and conditions also apply to additional agreements and/or continuing agreements of the Buyer/Client.
4. Any purchasing or other general terms and conditions of the Buyer/Client are not of
apply unless expressly accepted by Contractor in writing.
5. Before the remote agreement is concluded, the text of these general terms and conditions shall be made available to the Customer/Client. If this is not reasonably possible, the Contractor shall, prior to the conclusion of the Distance Contract, indicate the manner in which the General Terms and Conditions can be inspected at the Buyer/Client’s premises and that they will be sent free of charge to the Buyer/Client as soon as possible upon request.
6. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these General Terms and Conditions may be made available to the Buyer/Client electronically in such a way that it can be easily stored by the Buyer/Client on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance agreement, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the request of the Buyer/Client.
7. In the event that specific product or service conditions apply in addition to these general conditions, paragraphs 5 and 6 shall apply mutatis mutandis, and in the event of conflicting conditions, Customer/Client may always rely on the applicable provision that is most favorable to it.
Article 4. Quotations/Offers
1. Quotes/offers made by the Contractor are non-binding; they are valid for 30 days unless otherwise indicated. Contractor is only bound to the offers/quotes if the acceptance thereof is confirmed in writing by Buyer/Client within 30 days.
2. The prices in the mentioned quotations/offers are exclusive of 21% VAT and other government levies as well as any costs to be incurred in this context of the agreement, including shipping and administrative costs, unless otherwise indicated.
3. Quotes/offers are based on the information available with the Contractor. It contains a complete and accurate description of the products, digital content and/or services offered. The description shall be in sufficient detail to permit a proper evaluation of the quotation/offer by Buyer/Client. If the Contractor uses images, they are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the quotation/offer shall not bind the Contractor.
4. Each quotation/offer shall contain such information that it is clear to the Customer/Client what the rights and obligations are, which are attached to the acceptance of the quotation/offer.
5. A composite quotation never obligates Contractor to perform a portion of the quotation/offer at a corresponding portion of the total price.
Article 5. Establishment of agreement
1. The agreement comes into effect, subject to the provisions of paragraph 5, at the time of
acceptance by Buyer/Client of the quotation/offer and fulfillment of the conditions set forth therein.
2. If Buyer/Client has accepted the offer electronically, the
Contractor as soon as possible by electronic means the receipt of the acceptance of the
quotation/offer. As long as the receipt of this acceptance has not been confirmed by the Contractor, the Buyer/Client may dissolve the Agreement. Failure to timely acknowledge receipt of a quotation/offer shall constitute its rejection.
3. If the contract is concluded exclusively through the exchange of electronic mail or a similar form of individual communication, paragraph 2 does not apply.
4. If the agreement is concluded electronically, the Contractor shall take appropriate technical and
organizational measures to secure the electronic transmission of data and ensures
Contractor for a secure web environment. If the Buyer/Client can pay electronically, the Contractor will observe appropriate security measures for this purpose.
5. The Contractor may – within legal frameworks – inform itself whether the Customer/Client can meet its payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If the Contractor has good grounds on the basis of this investigation not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the execution, giving reasons.
6. The Contractor will include the following information, in writing or in such a way that it can be stored by the Customer/Client in an accessible manner on a durable data carrier, no later than upon delivery of the product, service or digital content:
a. the visiting address of the Contractor’s branch office to which the Customer/Client can address complaints;
b. the conditions under which and the manner in which the Buyer/Contractor can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
c. the information about warranties and existing service after purchase;
d. the price including all taxes of the product, service or digital content; to the extent of
application the cost of delivery; and the method of payment, delivery or performance of the remote agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
f. if Customer/Client has a right of withdrawal, the model withdrawal form.
7. In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.
8. The Buyer/Client must be of age or order with the consent of a guardian.
Article 6. Reflection period
1. Buyer/Client may dissolve an agreement during a 14-day cooling-off period without giving reasons. The Contractor may ask the Customer/Client about the reason for dissolution, but may not require it to provide such reasons. Within this reflection period, Buyer/Client may cancel free of charge. After that, the agreement is final.
2. The 14-day cooling-off period does not apply to online guidance, counseling and coaching programs (Course) and E-books.
After payment for the E-books, guidance, advice and coaching courses, Courses, the Customer/Client will receive a download link containing the relevant E-book and/or login details and thus has direct access to the content of the guidance, advice and
Coaching Programs, Courses. Buyer/Client cannot cancel the E-books, guidance, counseling and coaching courses, Courses and claim a refund of the payment.
Article 7. Engagement of third parties
1. If and to the extent required for proper performance of the Agreement, the Contractor shall be entitled to engage third parties after consultation with the Buyer/Client.
2. When engaging third parties, Contractor shall exercise due care.
3. The Contractor shall not be liable for any shortcomings of these third parties.
4. If these third parties limit their liability in connection with the performance of the Agreement, the Contractor assumes and, if necessary, hereby stipulates that any agreement between the Contractor and the Customer/Client includes the authority to accept any limitations of liability of third parties on behalf of the Customer/Client.
Article 8. Execution of the agreement
1. Agreements concluded between the Buyer/Client and the Contractor lead to an obligation to perform to the best of the Contractor’s ability, not to an obligation to achieve a result, whereby the Contractor is obliged to fulfil its obligations in such a way as may be expected of the Contractor in accordance with the standards of care and craftsmanship at the time of performance;
2. The Buyer/Client shall ensure that all information which the Contractor indicates is necessary or which the Client should reasonably understand is necessary for the performance of the Agreement is provided to the Contractor in a timely manner. If the data required for the performance of the Agreement are not provided to the Contractor in a timely manner, the Contractor shall be entitled to suspend the performance of the Agreement and/or to charge the Client for the additional costs resulting from the delay according to the usual rates;
3. Octrooibureau Novopatent shall not be liable for any loss or damage, of whatever nature, resulting from the fact that Octrooibureau Novopatent has relied on inaccurate and/or incomplete information provided by the Client, unless such inaccuracy or incompleteness ought to have been apparent to it.
Article 9. Special conditions online E-books, guidance, advice and coaching courses, Courses
1. In the E-books, guidance, advice and coaching processes, Courses, knowledge, experience and tools are exchanged by the Contractor with Customer/Client. Client will make every effort to convey appropriate handles to Buyer/Client. Within the limits of E-books, guidance, counseling and coaching programs, Courses. – depending on which route the Customer/Client has purchased from the Client – the Contractor provides the necessary support.
2. For attending these guidance, counseling and coaching courses, Courses the Customer/Client must reserve sufficient time.
3. During the term of these guidance, counseling and coaching programs, Courses, materials, tools and other handholds will be kept accessible to the Customer/Client online.
4. If third-party plug-ins are recommended or used by Contractor to Customer/Client, Contractor is not a party to the agreement between Customer/Client and the providers of the plug-ins. The general terms and conditions of plug-in providers apply. Any fees for the use of plug-ins will be charged directly to Customer/Client by plug-in providers.
5. Any additional costs for the support for installation of plug-ins or in the use of plug-ins will be charged to Customer/Client by the Contractor. This will be communicated to Customer/Client in advance by e-mail.
Article 10. Contract duration and termination
1. If the agreement concluded between the parties relates to the provision of the same services or products more than once, it shall be deemed to have been entered into for an indefinite period unless expressly agreed otherwise in writing.
2 Either party may terminate the agreement to provide services or products in writing at any time. If the duration of the assignment is one year or longer, the parties must observe a notice period of at least 3 months.
Article 11. Modification of the agreement
1. If during the execution of the agreement it appears that for a proper execution it is necessary to change or supplement the work to be done, the parties will adjust the agreement accordingly in good time and in consultation.
2. If the parties agree that the agreement will be amended or supplemented, the time of completion of performance may be affected. The contractor will notify the client as soon as possible.
3. If amending or supplementing the agreement has financial and/or qualitative consequences, the contractor will inform the client in advance.
4. If a fixed fee has been agreed upon, the contractor will indicate the extent to which the amendment or supplement to the agreement will result in an overrun of this fee.
Article 12. Secrecy
1. The parties are obliged to keep confidential all confidential information obtained from each other or from other sources in the context of their agreement. Information is considered confidential if it has been communicated by the other party or results from the nature of the information.
2. The assignment will not be referenced externally by the contractor without the client’s permission.
Article 13. Intellectual property
1. To the extent that Copyright, trademark, design, trade name, or other intellectual property rights are vested in the services provided by Contractor in performance of the Agreement, intellectual property shall remain with Contractor. The Buyer/Client may only use the tangible carriers of these rights for the purpose for which they were provided to the Buyer/Client, not multiply them and not change or remove copyright, trademark, design, trade name, and other designations.
2. The Contractor retains the right to use the knowledge acquired in the execution of the work for other purposes, as long as no confidential information is brought to the knowledge of third parties and as long as the knowledge cannot be traced back to the individual Customer/Client.
Article 14. Payment
1. Unless otherwise agreed in writing, payment shall be made within 14 days of the invoice date, in a manner to be indicated by the Contractor in the currency in which the invoice was issued. Payment will be made without deduction, compensation or suspension on any account.
2. If the Buyer/Client has not paid the amounts due by the due date, he will automatically be in default without further notice of default being required. In the event of default of payment by the Customer/Client, the Contractor shall be entitled to discontinue or suspend all work to be performed on behalf of the Customer/Client with immediate effect, without being liable to the Customer/Client for damages in any way.
3. In the event of default of payment, the Buyer/Client shall also owe default interest on the outstanding claims equal to the statutory (commercial) interest rate pursuant to Section 6:119(a) of the Dutch Civil Code.
4. In the event of liquidation, bankruptcy or suspension of payments of the Buyer/Client, the Contractor’s claims and the Buyer/Client’s obligations to the Contractor shall be immediately due and payable.
5. Payments made by the Buyer/Client always serve firstly to settle all interest and costs due, secondly to settle payable invoices that have been outstanding the longest, even if the Buyer/Client states that the payment relates to a later invoice.
6. If more than the usual effort is required of the Contractor for the performance of the Agreement, the Contractor may demand payment (or equivalent security) before commencing its work.
Article 15. Judicial and extrajudicial costs
1. If the Buyer/Client fails to fulfil its payment obligations or fails to do so on time, then, after the Buyer/Client has been notified of the late payment by the Contractor and the Contractor has granted the Buyer/Client a further 14-day period in which to fulfil its payment obligations, the Buyer/Client, after failing to make payment within this 14-day period, will owe statutory (commercial) interest on the amount still owed pursuant to Section 6:119(a) BW and the Contractor is entitled to charge the Buyer/Client all judicial and extrajudicial costs reasonably incurred. This will always include the costs of collection agencies, as well as the costs and fees of bailiffs and lawyers, even if they exceed the litigation costs to be awarded in court. The extrajudicial collection costs shall not exceed 15% on outstanding claims up to EUR 2,500, 10% on the following EUR 2,500 and 5% on the following EUR 5,000, with a minimum of EUR 40.
Article 16. Liability
1. The Contractor accepts no liability whatsoever, however arising, for damage caused by or in connection with services provided by it, unless the Customer/Client proves that the damage was caused by intent or gross negligence on the part of the Contractor
2. Contractor’s liability is limited to the invoice value of the agreement, at least that part of the agreement to which the liability relates;
3. Notwithstanding the provisions of paragraph 2 of this article, in the case of an agreement with a term longer than six months, liability shall be further limited to the invoice amount due over the last six months,
4. If damage is caused to persons or property by or in connection with the performance of services by the Contractor or otherwise, for which the Contractor is liable, such liability shall be limited to the amount of the payment made under the general liability insurance policy taken out by the Contractor, including the deductible borne by the Contractor in connection with such insurance.
5. Any liability of Contractor for trading losses or other indirect or consequential damages of any kind is expressly excluded.
Article 17. Force majeure
1. There is force majeure if the Contractor is unexpectedly unable to have trainers, trainers, coaches in the event of illness and/or death, without any culpability on the part of the Contractor. Force majeure also includes, in addition to what is understood in law and jurisprudence in this regard, all external causes, foreseen or unforeseen, which the Contractor cannot influence, but which prevent the Contractor from fulfilling its obligations under the Agreement. Such as power or Internet outages, terrorism, war, extreme weather conditions, pandemics, etc.
2. In such a case of force majeure, the Contractor has the right to modify or cancel the execution of the order until the circumstances causing the force majeure no longer occur.
3. The Contractor shall schedule any new dates for performance in consultation with the Customer/Client and/or Coachee.
4. In case of cancellation on the basis of force majeure, the Contractor is not liable for damages resulting
results for Customer/Client and/or Coachee.
Article 18. Personal data
1. By entering into an agreement with the Contractor, permission is granted to the Contractor for automatic processing of personal data obtained from the agreement. The Contractor will use this personal data exclusively for its own activities.
2. By agreeing to these general terms and conditions, the Buyer/Client gives the
Contractor permission to receive emails that can be unsubscribed from.
Article 19. Complaint Resolution
1. Complaints about the performance of the Agreement must be submitted to the Contractor in full and clearly described within a reasonable time after the Buyer/Client has identified defects.
2. Complaints submitted to the Contractor shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the Contractor will respond within the 14-day period with a notice of receipt and an indication of when the Buyer/Client can expect a more detailed response.
3.. The Buyer/Client must give the Contractor at least 4 weeks to resolve the complaint by mutual agreement.
Article 20. Dispute Resolution
1. Any agreement between the Contractor and the Buyer/Client shall be governed by Dutch law.
2. In the event of any disputes, the parties will first attempt to resolve them among themselves. If this fails, the parties are free to submit the disputes to the competent court.