Sylvia Holtslag, the 100% coach – General Conditions of Sale Material products
1. These are the general terms and conditions of Sylvia Holtslag, the 100% coach. These Terms and Conditions apply to all orders placed through the website (www.sylviaholtslag.nl) with Sylvia Holtslag, the 100% coach. By placing an order, you agree to the applicability of these Terms and Conditions to the agreement entered into between you and Sylvia Holtslag-the 100% coach.
These Terms and Conditions set forth the rights and obligations of the parties applicable to your order of products through the website of Sylvia Holtslag, the 100% coach. It is therefore important that you take the time to read these Terms and Conditions carefully. Sylvia Holtslag, the 100% coach recommends that you save these Terms and Conditions to your computer and/or print and save them for future reference.
1 Data Sylvia Holtslag, the 100% coach
Sylvia Holtslag, the 100% coach is based in the Netherlands. The full contact details of Sylvia Holtslag, the 100% coach can be found below:
Sylvia Holtslag, the 100% coach
H. Seghers Avenue 1
7944 LH Meppel, The Netherlands
Phone: 0031 -620476614, e-mail: firstname.lastname@example.org
Chamber of Commerce number: 80080006
2. Your data
1. To enable a proper and timely execution of the agreement by Sylvia Holtslag, the 100% coach, it is important that you provide your data, such as your name, your e-mail address and shipping address, correctly and completely in accordance with the instructions. You are responsible for the accuracy of the information you provide. The full contact details of Sylvia Holtslag, the 100% coach can be found under Article 1 of these Terms and Conditions.
2. Data provided by you will only be used by Sylvia Holtslag, the 100% coach in the manner indicated in the privacy statement, which you can consult on her website.
3 The offer and the agreement
1. When you buy an article through the webshop of Sylvia Holtslag, the 100% coach you enter into an agreement with Sylvia Holtslag, the 100% coach. The agreement is established at the moment Sylvia Holtslag, the 100% coach when purchasing a product or service through the website or through an agreement on a coach agreement.
2. An agreement resulting from an offer that contains an obvious mistake and/or error, such as an unusually low price, does not bind Sylvia Holtslag, the 100% coach. Contact Sylvia Holtslag, the 100% coach when in doubt about the validity of an offer.
4 Price and payment
1. The price displayed on the website at the time of ordering is a total price including all taxes and, if applicable, shipping costs.
2. You can pay your order in the ways indicated on the website of Sylvia Holtslag, the 100% coach. It is not possible to use gift cards on the website.
5 Processing order and delivery of products
1. Sylvia Holtslag, the 100% coach makes every effort to process and deliver your order as well and as quickly as possible.
2. Orders will be delivered to the shipping address you provide and by the delivery method you choose.
3. When you have an order delivered outside the European Union, it is possible that the country in question may charge additional duties, such as import taxes. Sylvia Holtslag, the 100% coach has no influence or control over such charges and therefore cannot inform you about them. You should check yourself whether the items you order can be exported to-and imported into-the relevant country and what the costs are before placing such an order.
4. Ownership of products ordered by you is transferred to you upon receipt of full payment by Sylvia Holtslag, the 100% coach.
5. Sylvia Holtslag, the 100% coach takes care to ship products correctly and completely. In the unlikely event that you receive incomplete or damaged products, please contact Sylvia Holtslag, the 100% coach.
6. Right of Withdrawal
1. You have the right to dissolve the agreement without giving reasons within 14 days after you have received all products in unused condition from your order with the exception of events and coaching programs such as for example the Shit to FIT program. For events and coaching programs, different terms and conditions apply.
You can let us know by any other means by an unequivocal statement that you wish to cancel the agreement (e-mail is preferred, but by mail is also possible). If necessary, the return form can be used.
2. If you choose to dissolve the agreement with respect to a material product, you have the obligation to return this product as soon as possible, but at the latest within 14 days after you have received all products from your order, to the address of Sylvia Holtslag, the 100% coach as mentioned in article 1.1. The direct cost of returning the product to Sylvia Holtslag, the 100% coach will be at your own expense.
3. In case of dissolution as referred to in article 7.1, Sylvia Holtslag, the 100% coach will refund the amount paid for the product in question (excluding any shipping costs paid for the return shipment) without delay and in any case no later than fourteen days after receipt of the message that you wish to dissolve the agreement, but no sooner than after Sylvia Holtslag, the 100% coach has received the product in question back or you can prove that the product has actually been returned.
4. The right of rescission included in Article 7.1 is intended to determine whether the product fits and whether you actually want the product. You are permitted to use a product to the extent necessary to verify that you want the product, just as you would in a retail space. Further use of a product affects your right of rescission as specified in Article 7.5.
General Terms and Conditions of Events and Coaching Processes.
ARTICLE 1. DEFINITIONS AND TERMS
1.1 Client: the person or persons for the benefit of whom Sylvia Holtslag, the 100% coach provides her services. The client/customer and the customer may be the same but this need not be so.
1.2 Client/Client: the person or body, or her possible legal successor(s), who has given an assignment to Sylvia Holtslag, the 100% coach to provide her services. The client/client, unless expressly agreed otherwise in writing with Sylvia Holtslag, the 100% coach, is the one who is bound to pay the agreed price for the services of Sylvia Holtslag, the 100% coach.
1.3 Sylvia Holtslag, the 100% coach: registered with the Chamber of Commerce in Groningen under number 80080006, Sylvia Holtslag, the 100% coach provides services in the area of coaching, training and workshops. Also, Sylvia Holtslag the 100% coach is registered as a book publisher.
1.4 Third parties: in appropriate cases Sylvia Holtslag, the 100% coach may provide her services (partly) with the help of third parties she has engaged. Sylvia Holtslag, the 100% coach may change the composition of a team at any time, if she believes it is necessary for the proper execution or continuity of her services.
1.5 Assignment fee: the total agreed amount of the assignment, named in the signed order confirmation or in the offer or program proposal declared digitally approved by the client/client.
ARTICLE 2. APPLICABILITY OF THESE GENERAL TERMS AND CONDITIONS
2.1 These General Conditions apply to all offers, quotations, assignments, work performed by and agreements concluded with Sylvia Holtslag, the 100% coach.
2.2 These terms and conditions shall also apply to assignments with the contractor involving third parties.
2.3 If one or more of the provisions in these Terms and Conditions expire, the remaining provisions of these Terms and Conditions shall continue to apply. In that case, the parties will consult to agree on substitute provisions, relying as much as possible on the purpose and intent of the original provision.
2.4 Sylvia Holtslag, the 100% coach reserves the right to modify or amend these General Terms and Conditions in the future.
ARTICLE 3. COMMISSIONING
3.1 Quotes by Sylvia Holtslag, the 100% coach are based exclusively on the information provided to her by a (future) client/client. The client/client guarantees that all relevant information has been provided by him/her, to the best of his/her knowledge and belief, to Sylvia Holtslag, the 100% coach, for making the offer and for the design and execution of the assignment. If this information proves at any time to have been incorrect and/or incomplete, Sylvia Holtslag, the 100% coach reserves the right to unilaterally and/or interim adjust the contract price agreed with the client/client for the services to be provided by Sylvia Holtslag, the 100% coach.
3.2 A composite quotation shall not oblige Sylvia Holtslag, the 100% coach to perform part of the assignment at a corresponding part of the agreed assignment price.
3.3 An assignment is granted either by the signed return of an agreement issued by Sylvia Holtslag, the 100% coach, or by the written e/o by email agreement to the digitally sent quotation. By doing so, this digital quote also becomes the order confirmation.
3.4 The absence of written approval of the offer or agreement made by Sylvia Holtslag, the 100% coach shall not affect the fact that the client/client shall be deemed to have commissioned Sylvia Holtslag, the 100% coach, in accordance with the terms of the offer, when and as soon as the actual provision of services by Sylvia Holtslag, the 100% coach has commenced.
ARTICLE 4. INTERIM CHANGE IN THE ASSIGNMENT
4.1 If an interim change to the assignment or assignment execution occurs at the request of or due to the actions of the client/client, Sylvia Holtslag, the 100% coach will make the necessary adjustments if possible. If this results in additional work compared to the original order amount then, without requiring a separate written order, this will be charged additionally to the client/customer. Client/Client, by changing the assignment, has fully agreed in advance to the financial consequences thereof.
ARTICLE 5. EFFORT OBLIGATION
5.1 Sylvia Holtslag, the 100% coach shall perform the services to be provided by her to the best of her knowledge and ability. However, this is an obligation of effort which means that Sylvia Holtslag, the 100% coach does not guarantee the success and success of her services nor the extent to which these services contribute to the goal set by the client/client and/or client.
ARTICLE 6. OFFERS AND FORMATION OF THE AGREEMENT
6.1 All offers of Sylvia Holtslag, the 100% coach can be revoked form-free unless it concerns a digital product these are not revocable. Sylvia Holtslag, the 100% coach is not bound by offers if they are not accepted in writing within 30 days from the date of the offer. If the offer is accepted within the validity period, Sylvia Holtslag, the 100% coach reserves the right to revoke the offer within five working days of receiving the acceptance. Acceptance of an offer by a client/customer shall be made in writing e/o digitally, without prejudice to the provisions of Articles 3.4 and 4.1 of these General Terms and Conditions.
ARTICLE 7. CLIENT/CUSTOMER OBLIGATIONS
7.1 The client/client guarantees that the number of participants agreed in the assignment will actually participate in the services agreed with Sylvia Holtslag, the 100% coach. Should the agreed number ultimately not participate, the client/client shall nevertheless owe Sylvia Holtslag, the 100% coach, the full assignment fee as stated in the quotation e/o assignment confirmation.
7.2 If a participant/client cannot participate due to unforeseen circumstances, this place can be filled by another participant, this only after prior approval of Sylvia Holtslag, the 100% coach. If taking over the vacant place proves impossible, client/client will be charged the full order price, unless expressly agreed otherwise.
7.3 The client/client shall provide all necessary information, documents and data required by Sylvia Holtslag, the 100% coach to carry out the assignment as agreed. If Sylvia Holtslag, the 100% coach so requests, the client/client shall provide Sylvia Holtslag, the 100% coach at his/her location a working space with telephone and/or internet connection free of charge.
7.4 The involvement or engagement of third parties in an assignment execution by the client/client can only be done with the prior written consent of Sylvia Holtslag, the 100% coach.
ARTICLE 8. RATES, FEES AND PRICES
8.1 The offer of Sylvia Holtslag, the 100% coach always clearly states the rates and costs that will be charged by Sylvia Holtslag, the 100% coach for the activities mentioned therein.
8.2 The prices in quotations, orders and other publications are inclusive of VAT, exclusive of government-imposed levies and exclusive of other costs incurred or to be incurred for the order, such as for example but not exclusively shipping and administrative costs and travel expenses, unless otherwise indicated.
ARTICLE 9. BILLING AND PAYMENT TERMS
9.1 The fee of Sylvia Holtslag, the 100% coach and the costs charged by her to the client/client will always be charged by Sylvia Holtslag, the 100% coach to the client/client by means of a written or digital invoice or by means of a payment link after which the client/client will receive a digital invoice. At the discretion of Sylvia Holtslag, the 100% coach, the entire amount of the assignment or a portion thereof may be invoiced on an advance basis.
9.2 Payment by the client/customer shall always be made within 14 days of the invoice date, unless otherwise stated in the quotation or on the invoice.
9.3 After this due date, the client/client shall be in default and shall owe Sylvia Holtslag, the 100% coach the legal interest on the amount of the invoice, without any notice of default being required. If payment is not made, the assignment may furthermore be unilaterally suspended by Sylvia Holtslag, the 100% coach, without Sylvia Holtslag, the 100% coach being liable to pay compensation to the client/client as a result. Furthermore, Sylvia Holtslag, the 100% coach shall in such case be entitled to unilaterally terminate the agreement out of court.
9.4 If the client/client defaults on payment to Sylvia Holtslag, the 100% coach, or the client/client otherwise fails to fulfill one or more of its obligations, then all costs to be incurred in connection therewith by Sylvia Holtslag, the 100% coach (collection and other judicial or extrajudicial) shall be for the account of the client/client, always with a minimum of 25% of the agreed order sum.
9.5 In the case of agreed periodic payments, payment before the due date on the (partial) invoice is mandatory. If client/client is in default regarding payment of the partial invoice, Sylvia Holtslag, the 100% coach is entitled to claim the full amount.
9.6 Payment in parts can only take place after agreement and confirmation by Sylvia Holtslag, the 100% coach. If partial payments are not made on time, Sylvia Holtslag, the 100% coach is entitled to claim the legal interest for companies on the amount that is paid late.
ARTICLE 10. CANCELLATION CONDITIONS
10.1 If, for reasons not attributable to Sylvia Holtslag, the 100% coach, the assignment is not taken by the client/client at the agreed time, the following cancellation conditions will apply: for cancellation less than 24 hours before the appointment, the costs are 100%.
ARTICLE 11. DURATION AND CONCLUSION OF THE ASSIGNMENT
11.1 The duration of the assignment depends on the type of service and is agreed upon in advance as much as possible in the assignment confirmation. If possible, the order confirmation will include an estimate of the duration of the assignment and the number of sessions to be held.
11.2 After the expiration of the duration of the assignment, no claims can be made for parts of the assignment not or not yet taken up such as coaching hours and teaching materials in any form whatsoever.
ARTICLE 12. INTERIM TERMINATION OF THE CONTRACT
12.1 Either party may unilaterally terminate the agreement if either of them is of the opinion that the order performance can no longer take place in accordance with the confirmed quotation and any subsequent additional order specifications. this must be made known to the other party in a reasoned, written and timely manner.
12.2 If the client/client proceeds to premature termination for reasons other than negligence on the part of the contractor, Sylvia Holtslag, the 100% coach shall nonetheless be entitled to payment of the full, agreed order sum, including reimbursement of any costs incurred and to be incurred by her. Therefore, if payment has already taken place, no refund will take place.
12.3 Sylvia Holtslag, the 100% coach may only exercise her authority for premature termination as a result of facts and circumstances beyond her control or beyond her control and as a result of which she cannot reasonably be expected to complete the assignment. In such a case, Sylvia Holtslag, the 100% coach will in any case retain the right to payment for her work until the time of termination. ARTICLE 13.
13.1 Sylvia Holtslag, the 100% coach and her employees and partners shall never be liable for any (direct or indirect) damage that has occurred to the client/client and/or to the client by and/or during the use of goods and/or services supplied by and/or on behalf of Sylvia Holtslag, the 100% coach. 13.2 In addition Sylvia Holtslag, the 100% coach is never liable for the quality or outcome of the services provided by her, on Sylvia Holtslag, the 100% coach rests only an obligation of effort. (See also Article 5).
ARTICLE 14. INTELLECTUAL PROPERTY/COPYRIGHT
14.1 Models, techniques, instruments, books and teaching materials developed and/or used by Sylvia Holtslag, the 100% coach for the execution of the assignment are and will remain the property of Sylvia Holtslag, the 100% coach. Disclosure of any or all of these matters may be made only with the prior written consent of Sylvia Holtslag, the 100% coach. All documents developed by Sylvia Holtslag, the 100% coach are copyrighted by operation of law.
ARTICLE 15. WITHDRAWAL
15.1 Sylvia Holtslag, the 100% coach is bound to secrecy of everything that has become known to her concerning her client/client. Sylvia Holtslag, the 100% coach complies with the Personal Registration Act and will use her client/client’s data exclusively for the processing and administrative handling of the assignment. The client/client’s data will not be provided to third parties unless there are compelling legal reasons for doing so.
ARTICLE 16. SPECIAL PROVISIONS
16.1 Sylvia Holtslag, the 100% coach reserves the right to exclude from participation participants of a workshop who by their behavior or otherwise disrupt or otherwise impede the normal course of the workshop. Exclusion will be communicated to the client/client in writing with reasons and will not affect the obligation of the client/client to pay the full amount of the training or service to Sylvia Holtslag, the 100% coach.
16.2 For all matters/provisions not provided for in these General Conditions, Dutch law shall apply.
16.3 In the event of disputes, the competent Dutch court will rule.
A registration received by Sylvia Holtslag, the 100% coach including payment is considered registration for the event and acceptance of the conditions below.
Registration is by signing up through the website www.sylviaholtslag.nl
Registration also implies acceptance of the cancellation conditions, which are effective from the moment Sylvia Holtslag, the 100% coach has received payment, even if the participant has not yet received confirmation of her/his registration. Included in the cost of the event are: course materials, lunch and supervision for the duration of the event. Cancellation fees are the responsibility of the participant.
Payment for an event must be received by Sylvia Holtslag, the 100% coach before the start unless explicitly stated otherwise. If not, participation is not possible.
3. Cancel in case of events
Cancel by mail only at email@example.com
Cancellation more than 4 weeks (28 days) before an event is due 20% of the total amount due for administrative fees. Cancellation later than 4 weeks (28 days) before the start of program, the entire amount is due. A participant can be replaced by someone who is not yet registered for the respective event with Sylvia Holtslag, the 100% coach replacement is possible until no later than 5 days before the start of the event. In case of insufficient registrations, Sylvia Holtslag, the 100% coach reserves the right to cancel the event. In case of cancellation, registrants will receive an email from firstname.lastname@example.org no later than 5 days before the scheduled event.
All teaching materials and communications are the property of Sylvia Holtslag, the 100% coach and should not be used for distribution or copy without permission from Sylvia Holtslag, the 100% coach.
8 Changes to these Terms
1. If Sylvia Holtslag, the 100% coach decides to amend these Terms and Conditions, she will post the amended Terms and Conditions on her website. You are advised to check regularly to see if the Terms and Conditions have changed. Any changes will not apply to orders you placed prior to the date of change. These Terms and Conditions were last amended on January 6, 2020.
1. Sylvia Holtslag, the 100% coach strives to deliver the highest possible quality with respect to her products and services. In the unlikely event that you do have any complaints, please direct them by phone, mail, e-mail or other means to:
Sylvia Holtslag, the 100% coach
Industry Road 5
7944 HT MEPPEL
Phone: 0031 (0) 620476614 (Monday-Friday 8:30-17:00).
2. If you have gone through the complaints procedure, but you would like to take your complaint to another body afterwards, you can do so at the Dispute Commission through the European ODR Platform: http://ec.europa.eu/consumers/odr/.
1. These Conditions and the agreements concluded between you and Sylvia Holtslag, the 100% coach are governed by Dutch law, to the exclusion of the Vienna Sales Convention. This choice of law is without prejudice to any further protection you may enjoy under the mandatory provisions of the law that would apply in the absence of this provision.