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Femkje Coachingis a one-man business based in Amsterdam and registered in the Trade Register of the Chamber of Commerce under number 80278388

 

 

General

1. These terms and conditions apply to every proposal, quotation and agreement between 'Femkje Coaching ' henceforth be known as:Femkje Coaching , and a Client on which 'Femkje Coaching ' has declared these terms and conditions applicable, insofar as the parties have not expressly deviated from these terms and conditions in writing. “The present terms and conditions also apply to acts of the 'Femkje Coaching ' third parties engaged in the context of the/an assignment”. 'Femkje Coaching'.

 

1. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or should be annulled, the other provisions of these general terms and conditions will remain fully applicable. 'Femkje Coaching ' and the Client will then enter into consultations in order to agree on new provisions to replace the void or voided provisions, whereby the purpose and purport of the original provisions will be taken into account as much as possible. If there is any uncertainty about the interpretation of one or more provisions of these general terms and conditions, the explanation must take place 'in the spirit' of these provisions.

 

1. If a situation arises between the parties that is not regulated in these general terms and conditions, this situation must be assessed in accordance with the spirit of these general terms and conditions.

 

1. If 'Femkje Coaching ' does not always require strict compliance with these conditions, this does not mean that the provisions thereof do not apply, or that 'Femkje Coaching '  would in any way lose the right to demand strict compliance with the provisions of these terms in other cases.

 

 

 

 

 

Proposal, tenders

1. All proposals and quotes  from 'Femkje Coaching ' are without obligation, unless a term for acceptance has been set in the offer. If no acceptance period has been set, the proposal will always expire after 30 days.

 

1. 'Femkje Coaching ' cannot be held to its proposals or quotations if the Client can reasonably understand that the proposals or quotations, or a part thereof, contain an obvious mistake or error.

 

1. The prices stated in a proposal or quotation are exclusive of VAT and other government levies, any costs to be incurred in the context of the agreement, including travel and accommodation costs, shipping and administration costs, unless stated otherwise. If the acceptance deviates (whether or not on minor points) from the offer included in the proposal or quotation, 'Femkje Coaching' is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance, unless 'Femkje Coaching ' indicates otherwise.

 

1. A composite quote required 'Femkje Coaching ' not to perform part of the order against a corresponding part of the quoted price. Proposals or quotations do not automatically apply to future orders.

 

Contract duration and execution times

1. The agreement between 'Femkje Coaching ' and the Client is entered into for a definite period of time, unless the nature of the agreement dictates otherwise or if the parties expressly agree otherwise in writing.

 

1. 'Femkje Coaching ' will perform the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. All this on the basis of the state of the art known at that time.

 

Third Party Engagement

1. 'Femkje Coaching ' has the right to have certain activities performed by third parties. The applicability of article 7:404, 7:407 paragraph 2 and 7:409 of the Dutch Civil Code is expressly excluded.

 

1. If by Client or by 'Femkje Coaching If work is carried out by third parties engaged in the context of the assignment at the location of the Client or a location designated by the Client, the Client will provide the facilities reasonably desired by those employees free of charge.

Agreement

1. 'Femkje Coaching ' is entitled to execute the agreement in different phases and to invoice the part thus executed separately.

 

1. If the agreement is executed in phases, 'Femkje Coaching suspend the execution of those parts belonging to a subsequent phase until the Client has approved the results of the preceding phase in writing.

 

1. The Client shall ensure that all data, of which 'Femkje Coaching ' indicates that these are necessary or of which the Client should reasonably understand that they are necessary for the execution of the agreement, to 'Femkje Coaching ' are provided. If the information required for the implementation of the agreement is not provided in time,Femkje Coaching ' have been provided, has 'Femkje Coaching the right to suspend the performance of the agreement and/or to charge the extra costs resulting from the delay to the Client in accordance with the then customary rates. The execution period does not commence until after the Client has provided the data.Femkje Coaching ' made available. 'Femkje Coaching ' is not liable for damage, of any nature whatsoever, due to 'Femkje Coaching ' is based on incorrect and/or incomplete data provided by the Client.

 

1. If during the implementation of the agreement it appears that it is necessary to change or supplement it for proper implementation, the parties will proceed to adjust the agreement in good time and in mutual consultation. If the nature, scope or content of the agreement, whether or not at the request or instruction of the Client, of the competent authorities, etc., is changed and the agreement is changed in qualitative and / or quantitative terms as a result, this may have consequences for what was originally agreed. As a result, the originally agreed amount can also be increased or decreased. 'Femkje Coaching ' will provide a price quote as much as possible in advance. An amendment to the agreement may also change the originally stated term of execution. The Client accepts the possibility of amending the agreement, including the change in price and term of execution.

 

1. If the agreement is amended, including an addition, then 'Femkje Coaching ' entitled to implement it only after approval has been given by the 'Femkje Coaching authorized person and the Client has agreed to the price and other conditions stated for the performance, including the time to be determined at that time at which it will be implemented. The non-execution or non-immediate execution of the amended agreement does not constitute a breach of contract.Femkje Coaching ' and is not a ground for the Client to terminate or cancel the agreement.

 

1. Without failing to do so,Femkje Coaching ' refuse a request to change the agreement, if this can have consequences in qualitative and / or quantitative terms, for example for the work to be performed or goods to be delivered in that context.

 

1. If the Client should be in default in the proper fulfillment of what it owes to 'Femkje Coaching ', then the Client is liable for all damage on the part of 'Femkje Coaching arise directly or indirectly as a result.

Prices

1. If 'Femkje Coaching ' agrees a fixed fee or fixed price with the Client, then 'Femkje Coaching ' nevertheless entitled at all times to increase this fee or price without the Client being entitled in that case to dissolve the agreement for that reason, if the increase in the price results from a power or obligation under the law or regulations or is caused by an increase in the price of raw materials, wages, etc. or on other grounds that were not reasonably foreseeable when entering into the agreement.

 

1. If the price increase other than as a result of an amendment to the agreement amounts to more than 10% and takes place within three months after the conclusion of the agreement, then only the Client who is entitled to appeal to Title 5 Section 3 of Book 6 of the Dutch Civil Code is entitled to terminate the agreement by written statement, unless 'Femkje Coaching is then still prepared to perform the agreement on the basis of the originally agreed amount;

 

1. If the price increase results from a power or aFemkje Coachingresting obligation under the law;

 

1. If it has been stipulated that the delivery will take place more than three months after the conclusion of the agreement;

 

1. Or, upon delivery of an item, if it has been stipulated that the delivery will take place more than three months after the purchase.

 

 

Suspension, dissolution and premature termination of the agreement

1. 'Femkje Coaching' is authorized to suspend the fulfillment of the obligations or to dissolve the agreement if the Client does not, not fully or not timely fulfill the obligations under the agreement after the conclusion of the agreement.Femkje Coaching' circumstances that have become known give good grounds to fear that the Client will not fulfill its obligations, if the Client was requested to provide security for the fulfillment of its obligations under the agreement when the agreement was concluded and this security is not provided or is insufficient or if, due to the delay on the part of the Client, it is no longerFemkje Coaching' it may be required that he will comply with the agreement under the originally agreed conditions.

 

1. Furthermore, 'Femkje Coaching' authorized to dissolve the agreement if circumstances arise of such a nature that fulfillment of the agreement is impossible or if other circumstances arise that are of such a nature that unaltered maintenance of the agreement is not reasonably of 'Femkje Coaching' can be required.

 

1. If the agreement is dissolved, the claims of 'Femkje Coaching' on the Client immediately due and payable. If 'Femkje Coaching' suspends the fulfillment of the obligations, he retains his claims under the law and the agreement.

 

1. If 'Femkje Coaching' proceeds to suspension or dissolution, he is in no way obliged to pay compensation for damage and costs incurred in any way as a result.

 

1. If the dissolution is attributable to the Client, 'Femkje Coachingentitled to compensation for the damage, including the costs, resulting directly and indirectly.

 

1. If the Client does not fulfill its obligations arising from the agreement and this non-compliance justifies dissolution, then 'Femkje Coaching' is entitled to dissolve the agreement immediately and with immediate effect without any obligation on its part to pay any compensation or compensation, while the Client is obliged to pay compensation or compensation on account of non-performance.

 

1. If the agreement is terminated prematurely by 'Femkje Coaching', shall 'Femkje Coaching' arrange for the transfer of work still to be performed to third parties in consultation with the Client. This unless the cancellation is attributable to the Client. If the transfer of the work for 'Femkje Coaching' entails additional costs, these will be charged to the Client. The Client is obliged to pay these costs within the period specified for this, unless 'Femkje Coaching' indicates otherwise.

 

1. In the event of liquidation, (application for) suspension of payments or bankruptcy, of attachment - if and insofar as the attachment has not been lifted within three months - at the expense of the Client, of debt restructuring or any other circumstance as a result of which the Client is no longer can freely dispose of its assets, it isFemkje Coaching' is free to terminate the agreement immediately and with immediate effect or to cancel the order or agreement, without any obligation on its part to pay any compensation or compensation. The advancements ofFemkje Coachingin that case are immediately due and payable on the Client.

 

1. If the Client cancels a placed order in whole or in part, the work that has been carried out and the goods ordered or prepared for it, increased by any supply, removal and delivery costs thereof and the working time reserved for the implementation of the agreement, will be paid in full to be charged to the Client.

 

Force majeur

1. 'Femkje Coaching' is not obliged to fulfill any obligation towards the Client if he is prevented from doing so as a result of a circumstance that is not due to fault, and is not for his account under the law, a legal act or generally accepted views.

2. In these general terms and conditions, force majeure means, in addition to what is understood in this regard by law and jurisprudence, all external causes, foreseen or unforeseen, on which 'Femkje Coaching'can exert no influence, but through which'Femkje Coachingis unable to fulfill his obligations. Strikes in the company of 'Femkje Coachingor third parties included. 'Femkje Coaching' also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the agreement occurs after 'Femkje Coachingshould have fulfilled his commitment.

 

1. 'Femkje Coaching' can suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than 90 days, then each of the parties is entitled to dissolve the agreement, without any obligation to pay damages to the other party.

 

1. As far as 'Femkje Coaching' at the time of the commencement of force majeure, his obligations under the agreement have already been partially fulfilled or will be able to fulfill them, and the fulfilled or to be fulfilled part has independent value, is 'Femkje Coaching' is entitled to separately invoice the part already fulfilled or to be fulfilled respectively. The Client is obliged to pay this invoice as if it were a separate agreement.

 

Payment and collection costs

1. Payment must always be made within 14 days of the invoice date, in a manner specified byFemkje Coaching' to be specified in the currency in which the invoice is made, unless otherwise agreed in writing by 'Femkje Coaching' indicated. 'Femkje Coaching' is entitled to invoice periodically.

 

1. If the Client fails to pay an invoice on time, the Client will be in default by operation of law. The Client then owes the statutory interest. The interest on the due and payable amount will be calculated from the moment that the Client is in default until the moment of payment of the full amount due.

 

1. The Client is never entitled to set off the amount charged to it by it.Femkje Coachingowed. Objections to the amount of an invoice do not suspend the payment obligation. The Client who is not entitled to appeal to Section 5.3 (Articles 231 to 247, Book 6 of the Dutch Civil Code) is also not entitled to suspend payment of an invoice for any other reason.

 

1. If the Client is in default or in default in the (timely) fulfillment of its obligations, then all reasonable costs incurred in obtaining payment out of court will be borne by the Client. The extrajudicial costs are calculated on the basis of what is customary in Dutch collection practice, in accordance with the Standardization of Collection Costs Act (entry into force 1-7-2012). If 'Femkje CoachingHowever, has incurred higher costs for collection that were reasonably necessary, the actual costs incurred are eligible for reimbursement. Any judicial and execution costs incurred will also be recovered from the Client. The Client also owes interest on the collection costs due. Contrary to the aforementioned law, non-consumers owe 20% of the principal sum in collection costs without further notice if and as soon as they are in default, with a minimum of € 160.

 

Liability

1. If 'Femkje Coaching' should be liable, then this liability is limited to what is regulated in this provision.

 

1. 'Femkje Coaching' is not liable for damage, of whatever nature, caused by 'Femkje Coaching' based on incorrect and/or incomplete information provided by or on behalf of the Client.

 

1. If 'Femkje Coaching' should be liable for any damage, then the liability of 'Femkje Coachinglimited to a maximum of once the invoice value of the order, at least to that part of the order to which the liability relates.

 

1. The liability of'Femkje Coaching' is in any case always limited to the amount of the payment from his insurer, if applicable.

 

1. 'Femkje Coaching' is only liable for direct damage and excludes everyone from any form of liability for any other damage, including consequential, trading loss and personal injury. 'Femkje Coaching' is never liable for indirect damage, including consequential damage, lost profit, missed savings and damage due to business interruption.

 

1. Direct damage is exclusively understood to mean the reasonable costs incurred to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions, any reasonable costs incurred to remedy the defective performance of 'Femkje Coaching' to comply with the agreement, insofar as it meets 'Femkje Coaching' can be attributed and reasonable costs incurred to prevent or limit damage, insofar as the Client demonstrates that these costs have led to limitation of direct damage as referred to in these general terms and conditions.

 

1. The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of 'Femkje Coachingor her managerial subordinates.

 

 

Cancellation

1. The following cancellation provisions apply, unless the website states otherwise for any service or product or unless an agreement between the Client and 'Femkje Coachingotherwise agreed.

 

1. In the case of one-on-one coaching, the client has the right to cancel the appointment and/or make a new appointment free of charge up to 24 hours before the start. If the appointment is moved or canceled within 24 hours before the start, the Client owes the entire agreed price for the canceled or moved session. If a total sum has been agreed for several sessions, the amount due is the total sum divided by the number of sessions.

 

 

1. Cancellation of an assignment TueFemkje Coaching' has confirmed receipt of cancellation. The moment of cancellation is the date and time of receipt of the cancellation notice.

 

1. If the agreement concerns a long-term trajectory of several sessions agreed in advance, the following applies with regard to cancellation by the Client before the start of the trajectory: If the cancellation takes place within two weeks before the start of the first session of the trajectory, the Client is fully price due to 'Femkje Coaching'. Article 11.3 also applies.

 

disclaimer

1. The Client indemnifies 'Femkje Coaching' against any liability and will, where possible, include a corresponding indemnification for 'Femkje Coaching' in its agreements with third parties.Femkje Coaching' stipulate.

 

1. 'Femkje Coaching' will never be liable towards third parties for damage that arises during the execution of the agreement to which the present terms and conditions apply, other than which 'Femkje Coachingtowards the Client.

 

1. If 'Femkje Coaching' if a claim is made by third parties on that basis, then the Client is obliged 'Femkje Coachingto assist both in and out of court and to immediately do everything that may be expected of him in that case. Should the Client fail to take adequate measures, then 'Femkje Coaching', without notice of default, entitled to do so itself. All costs and damages on the part of 'Femkje Coachingand third parties arising as a result, are entirely at the expense and risk of the Client.

Intellectual ownership

1. It is the Client without written permission from 'Femkje Coaching'forbidden to the door'Femkje Coachingto alienate, show or otherwise use any documentation (in the broadest sense of the word), information, quotations, etc. provided to third parties. The Client is permitted to reproduce this documentation, information, quotations, etc. for its own use insofar as the assignment reasonably entails this.

 

1. The copyrights as well as all other rights remain with 'Femkje Coaching', unless otherwise agreed.

 

Applicable law and disputes

1. To all legal relationships in which 'Femkje Coaching' is a party, only Dutch law applies.

 

1. The judge in the place of 'Femkje Coaching' is exclusively authorized to take cognizance of disputes, unless the law prescribes otherwise. Nevertheless, hasFemkje Coachingthe right to submit the dispute to the competent court according to the law.

 

1. Parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.

 

Secrecy and Privacy

1. Both parties are obliged to maintain the confidentiality of all confidential information that they have obtained from each other or from another source in the context of their agreement. Information is considered confidential if this has been communicated by the other party or if this follows from the nature of the information.

 

1. The personal data thatFemkje Coaching' reached via the site will be treated carefully and confidentially. See also the privacy statement, included on the website. Data is used exclusively for the stated purpose. 'Femkje Coaching' adheres to the applicable privacy legislation, in particular the Personal Data Protection Act.

Change of general terms and conditions
1. The most recently filed version or the version that applied at the time of the establishment of the legal relationship with 'Femkje Coaching'.

Article 17. Identity –Femkje Coaching
 

Femkje Coaching
Willem de Zwijgerlaan 69
+31 6 24 46 64 11
info@femkjecoaching.nl

Chamber of Commerce number: 80278388

 

October 2022

 

 

 

 

 

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