General Terms And Conditions
Article 1 – Definitions Article 1 – Definitions
Contractor Contractor Contractor Contractor: Carol Ann Williams, owner of Soul Essentials, registered in the trade register under Chamber of Commerce number: 39088867 and under the marriage name Carol Ann Besselink. User of these general terms and conditions for the purpose of offering services and products (online);
Client/customer Client/customer: the natural person or body, which commands the contractor to provide services, or purchases products offered by the contractor.The client and the customer can, but do not need, be the same;
Digital products: Digital products:the data produced and delivered in digital form;
Reflection time reflection time: the period within which the client/customer can exercise his right of withdrawal;
Dag: calendar day;
Durable transaction expensive transaction: a distance contract with regard to a series of services, the delivery and/or purchase obligation of which is spread over time;Force majeure force majeure: in addition to what is included in the law and case law, this includes all external causes, foreseeable stagnation, malfunctions, on which the contractor cannot exert influence (including strikes, traffic malfunctions, unforeseeable stagnation, malfunctions, non-foreseeable stagnation, malfunctions, non-foreseeable stagnation, malfunctions, malfunctions, non-foreseeable stagnation, malfunctions, malfunctions in the supply of energy, transport difficulties, fire, loss or damage in transport and government measures);
Durable data carrier: any means that enables the client/customer to store information addressed to him personally in a way that enables future consultation and unchanged reproduction of the stored information addressed to him personally;
Distance contract: an agreement in which only one or more techniques for distance selling of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used in the context of a system;
Right of withdrawal of right of withdrawal: the possibility for the client/customer to waive the distance contract within the cooling-off period;
Technique for remote communication: means that can be used for concluding an agreement, without the client/customer having come together in the same room at the same time.
Article 2 – Identity of contractor
Carol Ann Besselink, born Carol Ann Williams, owner of Soul Essentials, located at Poortugaalstraat 94 in 2729 HG Zoetermeereer. Phone number: 06 – 46 34 39 22.
Accessibility: Monday to Friday from 9.00 to 17.00. You can use by phone or via the websitehttps://carolwilliamscoach.com https://carolwilliamscoach.com https://carolwilliamscoach.com https://carolwilliamscoach.com https://carolwilliamscoach.comAlways leave a message.
Article 3 – Applicability
These general terms and conditions apply to every offer and to any distance contract concluded via the online sale between the contractor and the client/customer, as well as to the resulting agreements.If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the client/customer in such a way that it is concluded, the text of these general terms and conditions can be made available electronically to the client/customer in such a way that it is concluded remotely, the text of these general terms and conditions, be made available electronically to the client can be easily stored on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be taken electronically.Deviations from these terms and conditions only apply insofar as they have been explicitly agreed in writing by the parties.The applicability of any conditions of the client is expressly rejected by the contractor, unless these have been explicitly accepted in writing by the contractor.No rights can be derived from the tacit non-application of these general terms and conditions.If one or more (parts)) of the provisions of these general terms and conditions are null and void, the other provisions of these general terms and conditions will remain applicable. The parties will then consult to agree on new rules to replace the null and void or destroyed provisions.
Article 4 – The offer Article 4 – The offer
The offer contains a complete and accurate description of the services offered.The description is sufficiently detailed to enable a proper assessment of the offer by the client / customer.If the contractor uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the contractor.Each offer contains such information that it is clear to the client/customer what the rights and obligations are attached to the acceptance of the offer.This concerns in particular:
the price including taxes (if applicable);the way in which the agreement will be concluded and which actions are necessary for this;whether or not the right of withdrawal applies;the method of payment, delivery and execution of the agreement;the period for acceptance of the offer, or the period within which the contractor guarantees the price;the amount of the rate for distance communication if the cost of using the technique for distance communication is calculated on a basis other than the regular basic rate for the means of communication used;whether the agreement is archived after the conclusion, and if so how it can be consulted by the client/customer;the way in which the client/customer – before concluding the agreement – check the data provided by him in the context of the agreement and, if desired, repair the data provided by him in the context of the agreement –
If an offer has a limited period of validity or is made under conditions, this is explicitly stated in the offer.During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates. No rights can be derived from the underlying offer after this date.Unless otherwise indicated in a quotation, the prices quoted are exclusive of VAT and for private clients including VAT.Custom quotations from the contractor are based on information provided by the client/customer.Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.Quotations do not automatically apply to future assignments.The contractor cannot be held to a quotation if the client can reasonably understand that (a part) of the quotation contains an obvious mistake or error.If the maximum number of registrations per group course, workshop or event has already been reached, the agreement will expire. Client/customer can then be placed on a waiting list if desired. For group activities, the agreement expires in the event that the minimum number of three registrations is not reached.
Article 5 – Conclusion, compliance agreement and suspension
An agreement between the contractor and a client/customer is concluded by acceptance of the offer and the fulfilment of the conditions set for this purpose.An order is granted by the signed return of a quotation made by the contractor, or by agreeing to a digitally sent by the contractor.If the client/customer has accepted the offer electronically, the contractor immediately confirms receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the contractor, the client/customer can dissolve the agreement.The agreement is also deemed to have been concluded in accordance with the quotation made by the contractor, as soon as the actual service has started by the contractor.If the agreement is concluded electronically, the contractor will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the client/customer pays electronically, the contractor has observed appropriate security measures.The Contractor can – within legal frameworks – inform itself whether the client/customer 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 not to enter into the agreement on the basis of this investigation, it is entitled to refuse an order or request or to attach special conditions to the execution.With regard to coaching agreements, the agreement concluded with the contractor leads to an obligation of effort, not to an obligation of results, not to an obligation of results.The Contractor is hereby obliged to carry out the work to be carried out to the best of its knowledge and ability, in accordance with the requirements of good craftsmanship.If the client/customer will be prevented at the jointly agreed time, the client must unsubscribe in time and in writing, i.e. at least 24 hours in advance. Costs for late unsubscribe may be charged by the contractor.If there is force majeure, so that compliance with the agreement can not reasonably be demanded, the execution of the agreement will be suspended, all without any obligation to pay compensation. The Contractor agrees on this in a timely manner with the client/customer. The decision to do so does not create any liability for the contractor.In the aforementioned exceptional cases, the contractor is free to have the service and/or delivery carried out by third parties. The Contractor agrees on this in a timely manner with the client/customer. Art. 7:404 BW is expressly excluded in the agreement.
Article 6 – Right of withdrawal
Upon delivery of services, the client/customer has the possibility to dissolve the agreement without giving reasons for at least fourteen days, starting on the day of entering into the agreement without giving reasons.In order to exercise his right of withdrawal, the client/customer will address the reasonable and clear instructions provided by the contractor in the offer and/or at the latest at the time of delivery in this regard.The Contractor has the right to cancel a service without giving any reason (before the start of the service).In the event that the client/customer terminates the participation in the interim or guidance process (in this case an agreement consisting of several services, in any case more than one separate service) terminates the participation in the interim, the client/customer has no right to have no right to participate in the interim or guidance process, the client/customer has no right, the client/customer has no right to have no right to participate in the interim after the start of the coaching or guidance process (in this case, the client/c any refund, unless the special circumstances of the case, in the opinion of the contractor, justify otherwise.
Article 7 – Costs in case of withdrawal
If the client/customer has paid an amount, the contractor will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.Cancellation by the client/customer can be made free of charge up to 2 weeks before the start of a coaching process or another guidance process. In the event of non-cancellation, the client/customer is obliged to pay the total amount of the service to be purchased.An individual coaching session can be cancelled or moved free of charge up to 24 hours before the start. The Contractor strives to always continue agreements or to move them to a different time. In case of cancellation within 24 hours, the contractor is entitled to charge the previously agreed price.The contractor has the right to terminate the agreement with immediate effect and without judicial intervention, if the client fails to fulfil the obligations arising from the agreement, including the obligations laid down in these conditions, unless the client/customer, after being urged to do so in writing, still complies with his obligations within 14 days after sending this reminder.
Article 8 – Providing information by the client
The client is obliged to provide all personal data requested by the contractor. The contractor will only request data that is necessary for the execution of the agreement. If changes occur to the specified data of the client after the conclusion of the agreement, this must be communicated to the contractor.The contractor is not responsible for the consequences of not having received information by the client due to incorrect (address) data.
Article 9 – Payment
When you place an online order, you can order and pay safely as a client / customer. You can pay digitally via a Payment Service Provider with credit card, PayPal or iDEAL.If there is no order by electronic means, payment must be made within the period indicated on the invoice, in a manner to be indicated by the contractor, unless otherwise agreed. If no term has been agreed, payment must be made within 14 days of the invoice date.The client/customer has the obligation to report inaccuracies in payment data provided or stated to the contractor without delay.If the client/customer fails to pay the invoice, he is immediately and without notice of default. Subject to legal restrictions, the contractor has the right to charge the client/customer in advance.In the event of default, the contractor may decide to suspend the service or the delivery to the client or to terminate the agreement with immediate effect. The contractor will inform the client/customer of its possible intention to suspend the service, or terminate the agreement, in writing.Objections to the amount of the invoice do not suspend the payment obligation of the client.All (extra)judicial costs involved in the collection will be borne by the client / customer.Unless otherwise agreed in writing, the client/customer is the person who is obliged to pay the agreed price for the services of the contractor’s services.
Article 10 – Liability and risk
The contractor does not accept any liability towards the client/customer arising as a result of a shortcoming or tort attributable to the contractor.If the contractor is liable for any damage, the liability is limited to a maximum of the amount of the total compensation of an assignment given.The limitations of liability set out in this article do not apply if the damage is due to intent or gross negligence of the contractor or its subordinates.If by or in connection with the provision of services by the contractor or otherwise damage is caused by the contractor, for which the contractor is liable, that liability will be limited to the amount of the benefit concluded by the contractor liability insurance, including the deductible carried by the contractor in connection with that insurance.Liability of the contractor does not at all times extend to property damage, immaterial damage.
Article 11 – Force majeure
The contractor is not obliged to comply with any obligation towards the client, if it is hindered by force majeure.The contractor may suspend the obligations under the agreement during the period that the force majeure lasts.If the contractor has already partially fulfilled its obligations at the time of force majeure, it is entitled to invoice the part already delivered or performed separately, or to partially credit the event of deposits.If this period lasts longer than two months, both parties are entitled to dissolve the agreement, without obligation to compensate damage to the other party.
Article 12 – Intellectual property and user rightsCopyright and any other intellectual property rights remain vested in the contractor. All documents and/or documents produced by the contractor are intended exclusively for use by the client/customer and may not be reproduced, made public, or carried out by others than the contractor without the prior permission of the contractor and may not be reproduced without the prior permission of the contractor without the prior permission of the contractor unless explicitly agreed otherwise or unless otherwise arising from the nature of the documents provided.
Article 13 – Complaints procedure
Complaints about the execution of the agreement must be submitted to the contractor within a reasonable time, this after the client/customer has found the defects within a reasonable time, fully and clearly described.In the absence of this, the client/customer is deemed to agree with the services provided.Submitting a complaint does not relieve the client/customer of his payment obligation.At the request of the client/customer, the contractor shall announce the complaints procedure.Complaints submitted to the contractor will be answered within a period of 14 days, counting from the date of receipt. If a complaint requires a foreseeable longer processing time, the contractor will reply within the period of 14 days with a message of receipt and an indication when the client/customer can expect a more detailed answer within the period of 14 days with a message of receipt and an indication when the client/customer can expect a more detailed answer within the period of 14 days.If the complaint cannot be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement.
Article 14 – Final provisions
If a provision in these general terms and conditions is null and void or should be destroyed, the other provisions of these general terms and conditions remain fully applicable.In order to replace the null and void or destroyed provision, the contractor and client/customer agree on a new provision in consultation. As far as possible, the purpose and scope of the original provision will be observed.Agreements between the contractor and the client/customer to which these general terms and conditions relate are exclusively governed by Dutch law.These conditions remain in force if the contractor changes his name, legal form or owner.
Privacy regulations privacy regulations
Article 1 – Personal data – Personal data
The personal data provided by the client/customer to the contractor are personal data within the meaning of the Personal Data Protection Act (Wbp).The contractor is responsible for ensuring that these personal data are processed in accordance with the Wbp and in a proper and careful manner.The personal data provided by the client/customer are intended exclusively for the purpose for which they were transferred and issued. This concerns data with which the contractor can carry out the assignment, data with which the contractor can carry out the financial administration and data with which the contractor can make contact with the client/customer.The client/customer may request access to his personal data and for improvement, supplementation or modification of this data.
Article 2 – Confidentiality
The contractor treats all information about individual clients confidentially and ensures that this information is not known to third parties. Only in emergencies where the life of the client/customer himself or of others is in danger of becoming, this can be deviated from.The contractor shall ensure that this confidentiality obligation is also complied with by any third parties engaged in the execution of its activities.
Article 3 – Retention period
The personal data will not be stored longer than is necessary for the purpose of carrying out the assignment, unless otherwise agreed with the client / customer.