General terms and conditions code RED
ARTICLE 1 APPLICATION
These general terms of delivery apply to orders to and all offers and agreements whereby
Esther the Family Coach, registered with the Chamber of Commerce in Rotterdam under number 77891759, is a party, unless expressly agreed otherwise in writing
agreed.
All offers are without obligation. Any purchase or other terms and conditions of the client do not apply, unless these are provided by
Esther the Family Coach are expressly accepted in writing.
ARTICLE 2 ENTERING INTO AGREEMENT
Agreements and further agreements, which have not been entered into in writing, are binding upon written confirmation on the part of
Esther the Family Coach. The obligations of Esther the Family Coach never extend beyond those confirmed in writing by Esther the Family Coach.
ARTICLE 3 OFFER AND FORMATION OF AGREEMENT
All written offers by Esther the Family Coach are non-binding and valid for 7 days from the date, unless otherwise stated. If the client has not accepted the offer within the stated period, the offer expires unless an extension of the offer has been agreed upon in writing. After expiration of the offer, Esther the Family Coach is
entitled to change the offer.
The offer is based on the information provided by the client, where Esther the Family Coach may rely on the accuracy and
completeness of this.
An agreement is only established once client and Esther the Family Coach have signed the order confirmation, both in writing
have.
ARTICLE 4 COOPERATION BY CLIENT
Client will always provide Esther the Family Coach with all useful and necessary information for proper performance of the agreement in a timely manner.
provide data or information and give all cooperation. Client guarantees the accuracy, completeness and reliability
of the information provided to Esther the Family Coach, even if it comes from third parties.
If the performance of the agreement is delayed because the client fails to comply with his said obligation or the obligation imposed by
client provided information does not comply with the provisions, the resulting additional costs will be for the account of the client and Esther the Family Coach will be authorized to charge the additional work that has become necessary as a result.
ARTICLE 5 IMPLEMENTATION
Esther the Family Coach assumes a best-efforts obligation in the performance of the agreement and will perform this agreement to the best of her ability.
insight and ability in accordance with the requirements of good craftsmanship. Esther the Family Coach will take the client's reasonable wishes into account as much as possible when executing the agreement, provided that this is conducive to proper execution of the agreement in Esther the Family Coach's opinion.
If and insofar as proper execution of the agreement requires it, Esther the Family Coach has the right to have certain work performed by third parties.
ARTICLE 6 CHANGES AND ADDITIONAL WORK
Parties can agree in the interim that the approach and scope of the agreement and/or the work resulting from it will be expanded or changed. Additional work will in principle only be performed by Esther the Family Coach if the parties have signed a written agreement.
This additional work will be reimbursed by the client according to Esther the Family Coach's usual rates.
Client accepts that due to changes in the work, the agreed or expected time of completion of the
agreement may be affected.
If, in the opinion of Esther the Family Coach, a change in the execution of the agreement is necessary to fulfill the obligations to the client, Esther the Family Coach is authorized to make that change, within reason and fairness.
ARTICLE 7 FEE
The parties may agree on an hourly rate or a fixed fee when the agreement is made. Customary is a trajectory fee. Both rates are exclusive of travel, accommodation and other incidental expenses.
ARTICLE 8 PRICE AND PAYMENT
Payment must be paid by client no later than 3 days before the start of the course, by transfer to a bank account assigned by Esther de
Family Coach to be designated bank account.
If client does not pay the amounts due within the agreed period, he is wrong without notice of default
in default. Esther the Family Coach is entitled to hand over the claim for payment, in which case the client, in addition to the amount due then
total amount due will also be liable to pay extrajudicial collection costs, the amount of which is set at 15% of the total amount due, and any judicial costs.
If the client objects to an invoice from Esther the Family Coach, then the client will notify Esther within 14 days of the invoice date.
date of the invoice. Client has up to 14 days after the date of the invoice to substantiate this objection in writing. If client has not complied with the above, client is deemed to have accepted the invoice.
All prices are exclusive of VAT and other government levies.
ARTICLE 9 FORCE MAJEURE
In the event of force majeure, the delivery and other obligations of Esther the Family Coach will be suspended. In that case, Esther the Family Coach
obliged to deliver as soon as reasonably possible. By force majeure is equated unforeseen circumstances relating to
persons and which Esther the Family Coach uses or tends to use in the performance of the contract, which are of such a nature that the performance of the contract becomes impossible or so difficult and/or disproportionately expensive that prompt performance of the contract cannot reasonably be required of Esther the Family Coach. If Esther the Family Coach has already partially fulfilled her obligations when the force majeure occurs, the assignment will be considered executed.
ARTICLE 10 LIABILITY
Esther the Family Coach is not liable for any damages resulting from this agreement unless the damages are intentional or grossly
fault has been caused. Esther the Family Coach is not liable for damages caused because she relied on information provided by or on behalf of
client provided incorrect or incomplete information. In the event that Esther the Family Coach owes compensation to
client, the damages shall not exceed the amount paid out by the liability insurance or by Esther
the Family Coach was charged to the client, up to a maximum of 90% of the process price. Client indemnifies Esther the
Family Coach against all third party claims related to the services and products provided by it.
A claim lapses in any case, if Esther the Family Coach does not, within one year after the discovery of an event or circumstance
which gives or may give rise to liability, has been notified of the claim in writing.
ARTICLE 11 CONFIDENTIALITY
The parties are obliged to keep confidential all confidential information obtained from each other in the context of their agreement. Information shall be considered confidential in advance if it has been communicated by the other party or if it arises from the nature of the information.
ARTICLE 12. COMPLAINTS
Client is obliged to communicate complaints about offers, invoices and/or the delivered services and products to Esther the Family Coach in writing and with reasons as soon as possible, but at the latest within 7 calendar days after the complaint arose.
ARTICLE 13 CANCELLATION
Esther the Family Coach reserves the right to cancel agreements in whole or in part in the event of such change of law,
regulations, case law or (semi-)government policy that compliance can no longer reasonably be required of Esther the Family Coach. In
such cases, Esther the Family Coach must notify the client of the cancellation in writing. The latter is not entitled to claim compensation in such cases.
Cancellation by the client is not possible.
ARTICLE 14 TERMINATION
Interim termination of an agreement is possible only if the parties have expressly agreed to this in writing or under
payment of the amount due until the original end of the agreement.
ARTICLE 15 APPLICABLE LAW
All agreements are governed by Dutch law.
ARTICLE 16 DISPUTES
All disputes between Esther the Family Coach and client that may arise as a result of this Agreement or of
agreements and deeds resulting therefrom will be submitted in the first instance to a mediator and if unsuccessful settled by legal proceedings before the competent court in Rotterdam.
All judicial and extrajudicial costs reasonably incurred, which are the result of non-compliance by client of
obligations arising from the agreement shall be borne by the client.
ARTICLE 17 FINAL PROVISION
Esther the Family Coach is authorized to amend these general terms and conditions. The most recently filed version of the
general conditions.
If one or more provisions of these general terms and conditions should prove to be void or nullified, these general terms and conditions shall otherwise remain in force. The void or voided provision(s) will then be replaced by a valid provision that comes as close as possible to the void or voided provision(s) in terms of content, scope and effect.
Client is not entitled to transfer its rights and obligations under the agreement without Esther the Family Coach's prior written consent.
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