GENERAL TERMS AND CONDITIONS JOULES COACHING

E-mail: info@holisticparenting.nlWebsite: www.holisticparenting.nlARTICLE 1 - DEFINITIONS1. JouLes Coaching: JouLes Holistisch Opvoedadvies, established in Eindhoven, Chamber of Commerce number 84420510.2. Client: the person with whom JouLes Coaching has entered into an agreement.3. Parties: JouLes Coaching and Client together.4. Consumer: a Client who is also an individual and who acts as a private person.ARTICLE 2 - APPLICABILITY 1. These conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of JouLes Coaching.2. JouLes Coaching and the Client may only deviate from these conditions if this has been agreed in writing.3. JouLes Coaching and the Client expressly exclude the applicability of the general terms and conditions of the Client or of others.ARTICLE 3 - PRICES1. JouLes Coaching uses prices in euros, including VAT and excluding any other costs such as administration or shipping costs, unless otherwise agreed in writing.2. JouLes Coaching may always change the prices of its services and products on its website and in other expressions. 3. JouLes Coaching and the Client agree on a total amount as a guideline price for a service provided by JouLes Coaching, unless otherwise agreed in writing. 4. JouLes Coaching may deviate from the guideline price by up to 10%. 5. JouLes Coaching must inform the Client in time why a higher price is justified, if the guideline price is going to be more than 10% higher. 6. The Client may cancel the part of the assignment that exceeds the guideline price (increased by 10%), if the guideline price is going to be more than 10% higher.7. JouLes Coaching may adjust the prices annually. 8. JouLes Coaching will communicate price adjustments to the Client prior to their entry into force.9. A consumer may cancel the agreement with JouLes Coaching if he does not agree with the price increase. Article 4 - Payments and payment terms1. JouLes Coaching may request a down payment of up to 50% of the agreed amount when entering into the agreement. 2. The Customer must have paid afterwards within 1 day after delivery.3. The payment terms used by JouLes Coaching are fatal payment terms. This means that if the Customer has not paid the agreed amount by the last day of the payment term at the latest, he is automatically in default and in breach, without JouLes Coaching having to send the Customer a reminder or put him in default. 4. JouLes Coaching may make a delivery dependent on immediate payment or demand security for the total amount of the services or products.1. The Customer pays for products immediately.2. JouLes Coaching may request a down payment of up to 50% of the agreed amount when entering into the agreement for a service.3. The Client must pay invoices to JouLes Coaching within 1 day after the invoice date, unless otherwise agreed or a different payment term is stated on the invoice.4. The payment terms mentioned are fatal payment terms. If the Client has not paid the amount by the last day of the payment term at the latest, he is automatically in default and in breach, without JouLes Coaching having to send the Client a reminder or put the Client in default. 5. JouLes Coaching may make a delivery dependent on immediate payment or demand security for the total amount of the service.ARTICLE 5 - RIGHT TO COMPLAIN 1. If the Client is in default, JouLes Coaching may invoke the right to complain with regard to the unpaid products delivered to the Client.2. JouLes Coaching exercises its right to complain by means of a written or electronic notification to the Client.3. Once the Customer has been informed of the invoked right of complaint, the Customer must immediately return the relevant products to JouLes Coaching, unless otherwise agreed in writing. 4. The Customer pays the costs for retrieving or returning the products in paragraph 3. ARTICLE 6 - RIGHT OF WITHDRAWAL 1. A consumer may cancel an online purchase within 14 days after purchase without giving any reason. This right of withdrawal does not apply if: - the product has been used- it is a product that can spoil quickly, such as food or flowers- it is a product that has been tailor-made or adapted especially for the consumer- it is a product that cannot be returned for hygienic reasons, such as underwear and swimwear- the seal is not intact, when it concerns data carriers with digital content such as DVDs or CDs- the product or service concerns accommodation, a trip, a restaurant business, transport, a catering order or a form of leisure activity- the product is a loose magazine or loose newspaper- it concerns an emergency repair- it concerns bets or lotteries- the consumer has waived his right of withdrawal- it concerns a service that is fully performed within the cooling-off period with the consent of the Customer and for which the Customer has expressly declared that he waives the right of withdrawal2. The 14-day reflection period in paragraph 1, starts:- on the day after the consumer has received the last product or part of 1 order- as soon as the consumer has concluded an agreement for the delivery of a service- as soon as the consumer has confirmed that he will purchase digital content via the internet3. The consumer can use his reflection period by sending an email with that subject to info@holisticparenting.nl, possibly using the withdrawal form that is available on the website of JouLes Coaching, www.holisticparenting.nl.4. The consumer is obliged to return the product to JouLes Coaching within 14 days after making his right of withdrawal known, failing which his right of withdrawal will lapse.ARTICLE 7 - REIMBURSEMENT OF DELIVERY COSTS 1. If the consumer has revoked his purchase on time and has returned the entire order to JouLes Coaching on time, JouLes Coaching will refund any shipping costs paid by the consumer within 14 days of receipt of the order that has been returned in full on time.2. The costs for delivery will only be borne by JouLes Coaching if the entire order is returned.ARTICLE 8 - REIMBURSEMENT OF RETURN COSTS 1. If the consumer invokes his right of withdrawal and returns the entire order on time, the Customer will pay the costs for this. ARTICLE 9 - RIGHT OF SUSPENSION1. Unless the Customer is a consumer, he hereby waives the right to suspend the fulfillment of any obligation arising from this agreement.ARTICLE 10 - RIGHT OF RETENTION 1. JouLes Coaching may exercise its right of retention and in that case retain the Customer's products until the Customer has paid all outstanding invoices of JouLes Coaching, unless the Customer has provided sufficient security for those costs. 2. The right of retention also applies on the basis of previous agreements as a result of which the Customer still has to pay money to JouLes Coaching.3. JouLes Coaching is not liable for any damage suffered by the Customer due to the use of its right of retention.ARTICLE 11 - SETTLEMENT1. Unless the Customer is a consumer, he waives his right to offset a debt to JouLes Coaching with a claim on JouLes Coaching.ARTICLE 12 - RETENTION OF TITLE 1. JouLes Coaching remains the owner of all delivered products until the Customer has paid all outstanding invoices from JouLes Coaching relating to an underlying agreement, including claims due to failure to comply.2. Until that time in paragraph 1, JouLes Coaching can make use of its retention of title and take back the goods. 3. Before ownership has passed to the Customer, the Customer may not pledge, sell, alienate or otherwise encumber the products. 4. If JouLes Coaching makes use of its retention of title, the agreement will be cancelled and JouLes Coaching may claim damages, lost profits and interest from the Customer.ARTICLE 13 - DELIVERY1. Delivery will take place while stocks last.2. Delivery will take place at JouLes Coaching, unless otherwise agreed.3. Delivery of products ordered online will take place at the address specified by the Customer. 4. If the Customer does not pay the agreed amounts or does not pay them on time, JouLes Coaching may suspend its obligations until the Customer pays.5. In the event of late payment, there is a case of creditor default, as a result of which the Customer cannot object to a late delivery to JouLes Coaching.ARTICLE 14 - DELIVERY TIME 1. The delivery times of JouLes Coaching are indicative. If delivery is made later, the Customer cannot derive any rights from this, unless otherwise agreed in writing.2. The delivery time commences when the Customer has fully completed the ordering process and has received confirmation of this from JouLes Coaching.3. The Customer will not receive any compensation and may not cancel the agreement if JouLes Coaching delivers later than agreed. The Customer may cancel the agreement if this has been agreed in writing or if JouLes Coaching cannot deliver within 14 days, after having been reminded in writing to do so or if the Customer and JouLes Coaching have agreed otherwise. ARTICLE 15 - ACTUAL DELIVERY1. The Customer must ensure that the actual delivery of his ordered products can take place on time.ARTICLE 16 - TRANSPORT COSTS1. The Customer pays the costs for transport, unless the Customer and JouLes Coaching have agreed otherwise in writing. ARTICLE 17 - PACKAGING AND SHIPPING1. If the packaging of a delivered product is opened or damaged, the Customer must have a note made of this by the carrier before receiving the product. If the Customer does not do this, he cannot hold JouLes Coaching liable for any damage.2. If the Customer arranges the transport of a product himself, he must report any visible damage to products or the packaging to JouLes Coaching prior to transport. If the Customer fails to do so, he cannot hold JouLes Coaching liable for any damage.ARTICLE 18 - INSURANCE1. The Customer must adequately insure and keep insured the following items against, among other things, fire, explosion and water damage, and theft:- delivered items that are necessary for the performance of the underlying agreement- items of JouLes Coaching that are present at the Customer- items that have been delivered under retention of title2. The Customer shall provide JouLes Coaching with the policy of these insurances for inspection at the first request.ARTICLE 19 - STORAGE1. If the Customer does not take delivery of ordered products until after the agreed delivery date, the risk of any loss of quality is entirely for the Customer.2. Any additional costs resulting from premature or late delivery of products are entirely for the Customer's account.ARTICLE 20 - WARRANTY1. When the Customer and JouLes Coaching have entered into an agreement with a service-providing nature, this only contains an obligation of effort for JouLes Coaching and therefore no obligation of result. 2. The warranty on products only applies to defects caused by defective manufacturing or construction or defective material. 3. The warranty does not apply: - in the case of normal wear and tear - for damage caused by accidents - for damage caused by changes made to the product - for damage caused by negligence or improper use by the Customer - when the cause of the defect cannot be clearly determined 4. The risk of loss, damage or theft of the products supplied by JouLes Coaching is transferred to the Customer as soon as they are legally or actually delivered, or at least come into the power of the Customer or of a third party who receives the product for the Customer. ARTICLE 21 - EXECUTION OF THE AGREEMENT 1. JouLes Coaching executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. 2. JouLes Coaching may have the agreed services performed in whole or in part by others.3. The agreement will be performed in consultation and after written agreement and payment of any advance payment by the Client. 4. The Client must ensure that JouLes Coaching can start performing the agreement on time.5. If the Client does not ensure that JouLes Coaching can start on time, the resulting additional costs will be borne by the Client.ARTICLE 22 - PROVISION OF INFORMATION BY THE CLIENT 1. The Client shall make all information, data and documents relevant to the correct performance of the agreement available to JouLes Coaching in a timely manner and in the desired form and manner.2. The Client guarantees the correctness and completeness of the information, data and documents made available, even if they originate from third parties, unless the nature of the agreement dictates otherwise. 3. When and to the extent that the Client requests this, JouLes Coaching will return the relevant documents. 4. If the Client does not, does not timely or does not properly provide the information, data or documents reasonably requested by JouLes Coaching and the execution of the agreement is delayed as a result, the resulting additional costs and additional hours will be charged to the Client.ARTICLE 23 - CONFIDENTIALITY 1. The Client shall keep all information, in whatever form, that he receives from JouLes Coaching confidential.2. The same applies to all other information concerning JouLes Coaching of which the Client knows or could reasonably suspect that it is secret or confidential, or of which he could expect that its distribution could harm JouLes Coaching.3. The Client shall take all necessary measures to ensure that he keeps the information in paragraphs 1 and 2 confidential. 4. The confidentiality obligation described in this article does not apply to information:- that was already public before the Customer learned this information or that later became public without this being the result of a breach of the Customer's confidentiality obligation- that is made public by the Customer on the basis of a legal obligation5. The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after its expiry.ARTICLE 24 - PENALTY CLAUSE1. If the Customer violates the article on confidentiality or intellectual property, he must pay JouLes Coaching an immediately due penalty for each violation.2. If the Customer is a consumer, the penalty in paragraph 1 is: € 1,000.3. If the Customer is not a consumer, the penalty in paragraph 1 is: € 5,0004. In addition, the Customer must pay an amount of 5% of the applicable amount in paragraph 2 or 3 for each day that the violation continues.5. The Customer must pay the fine in paragraph 1 without the need for a notice of default or legal proceedings. There also need not be any damage. 6. In addition to the fine in paragraph 1, JouLes Coaching may also claim compensation from the Customer.ARTICLE 25 - INDEMNIFICATION1. The Customer indemnifies JouLes Coaching against all claims from others related to the products and/or services supplied by JouLes Coaching. ARTICLE 26 - COMPLAINTS1. The Customer must examine a product supplied or service provided by JouLes Coaching as soon as possible for any shortcomings.2. If a delivered product or service does not meet what the Customer could reasonably expect, the Customer must inform JouLes Coaching of this within 1 month of discovering the shortcoming. 3. A consumer must inform JouLes Coaching of this within 2 months of discovering the shortcoming.4. The Client shall provide as detailed a description as possible of the shortcoming, so that JouLes Coaching can respond appropriately. 5. The Client must demonstrate that the complaint relates to an agreement between the Client and JouLes Coaching.6. If a complaint concerns ongoing work, the Client cannot demand that JouLes Coaching perform other work than agreed.7. If the Client is not satisfied with the services provided by JouLes Coaching, the Client shall inform JouLes Coaching of this as soon as possible. JouLes Coaching shall then attempt to reach an informal solution.8. If the aforementioned complaints procedure does not lead to a solution, the Client may file a complaint with the Committee for Assessment and Mediation (CvTB) and the Disciplinary Board (CvT). ARTICLE 27 - NOTICE OF DEFAULT1. The Client must notify JouLes Coaching of any notice of default in writing.2. The Client is responsible for ensuring that his notice of default actually reaches JouLes Coaching on time. ARTICLE 28 - CLIENT LIABILITY1. When JouLes Coaching enters into an agreement with multiple Clients, each of them is jointly and severally liable for fulfilling the agreements in that agreement. ARTICLE 29 - JOULES COACHING LIABILITY1. JouLes Coaching is only liable for damage suffered by the Client if that damage is caused by intent or deliberate recklessness.2. When JouLes Coaching is liable for damage, this only applies to direct damage related to the performance of an underlying agreement.3. JouLes Coaching is not liable for indirect damage, such as consequential damage, lost profit or damage to third parties.4. When JouLes Coaching is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance. If no insurance has been taken out or no damages are paid, then the liability is limited to the (part of the) invoice amount to which the liability relates.5. All images, photos, colours, drawings, descriptions on the website or in a catalogue are only indicative and cannot lead to any compensation, dissolution or suspension. ARTICLE 30 - EXPIRY PERIOD1. Any right of the Customer to compensation from JouLes Coaching expires 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.ARTICLE 31 - DISSOLUTION1. The Customer may cancel the agreement if JouLes Coaching is culpably in breach of its obligations, unless this breach does not justify dissolution due to its special nature or minor significance. 2. If fulfilment of the obligations by JouLes Coaching is still possible, dissolution can only take place after JouLes Coaching is in default. 3. JouLes Coaching may cancel the agreement with the Customer if the Customer does not fully or timely fulfil his obligations under the agreement, or if JouLes Coaching has become aware of circumstances that give it good reason to assume that the Customer will not fulfil his obligations. ARTICLE 32 - FORCE MAJEURE1. In addition to article 6:75 BW, a shortcoming of JouLes Coaching by the Customer cannot be attributed to JouLes Coaching if there is force majeure. 2. The force majeure situation in paragraph 1 also includes: - an emergency such as a civil war or natural disaster - default or force majeure of suppliers, deliverers or others - power, electricity, internet, computer or telecom disruptions - computer viruses - strikes - government measures - transport problems - bad weather conditions - work stoppages3. If a force majeure situation occurs as a result of which JouLes Coaching cannot fulfil one or more obligations towards the Client, those obligations will be suspended until JouLes Coaching can fulfil them. 4. From the moment that a force majeure situation has lasted for at least 30 calendar days, both the Client and JouLes Coaching may cancel the agreement in writing in its entirety or in part. 5. JouLes Coaching does not have to pay compensation to the Client in a force majeure situation, even if JouLes Coaching benefits from it. ARTICLE 33 - AMENDMENT OF AGREEMENT 1. If it is necessary to amend a concluded agreement for its implementation, the Client and JouLes Coaching may amend the agreement. ARTICLE 34 - AMENDMENT OF GENERAL TERMS AND CONDITIONS 1. JouLes Coaching may amend these general terms and conditions. 2. JouLes Coaching may always implement changes of minor importance. 3. JouLes Coaching will discuss major changes with the Customer in advance as much as possible.4. A consumer may terminate the underlying agreement in the event of a major change to the general terms and conditions. ARTICLE 35 - TRANSFER OF RIGHTS1. The Customer may not transfer any rights under an agreement with JouLes Coaching to others without the written permission of JouLes Coaching. 2. This provision applies as a clause with property law effect as in Article 3:83 paragraph 2 of the Dutch Civil Code. ARTICLE 36 - CONSEQUENCES OF NULLITY OR VOIDABILITY1. If one or more provisions of these general terms and conditions prove to be null and void or voidable, this will not affect the other provisions of these conditions. 2. A provision that is null and void or voidable will in that case be replaced by a provision that comes closest to what JouLes Coaching had in mind when drawing up the conditions on that point.ARTICLE 37 - APPLICABLE LAW AND COMPETENT COURT1. These general terms and conditions and any underlying agreement between the Client and JouLes Coaching are governed by Dutch law. 2. The court in the district of the place of business of JouLes Coaching has exclusive jurisdiction to hear any disputes between the Client and JouLes Coaching, unless the law provides otherwise.DRAWN UP ON 07 NOVEMBER 2023