General Terms and Conditions of Grace van der Heide
located in Egmond aan Zee
Version valid from December 1, 2020
General
These general terms and conditions apply to all offers from Grace vanderHeide. The terms and conditions are accessible to everyone and included on the Grace vanderHeide website. Upon request, we will send you a written copy.
By placing an order you indicate that you agree with the delivery and payment conditions. Grace vanderHeide reserves the right to change its delivery and/or payment conditions after the expiry of the term.
Unless otherwise agreed in writing, the general or specific terms and conditions or stipulations of third parties are not recognized by Grace vanderHeide.
Grace vanderHeide guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.
Delivery
Delivery takes place while stocks last.
Within the framework of the rules of distance selling, Grace vanderHeide fulfill orders at least within 30 days. If this is not possible (because the ordered item is not in stock or no longer available), or there is a delay for other reasons, or an order cannot be executed or only partially, then the consumer will receive within 1 month after placing the order. order and in that case he has the right to cancel the order without costs and notice of default.
Grace vanderHeide's obligation to deliver will be fulfilled, subject to proof to the contrary, as soon as the goods delivered by Grace vanderHeide have been offered to the customer. In the case of home delivery, the carrier's report, containing the refusal of acceptance, serves as full proof of the offer of delivery.
All terms stated on the website are indicative. No rights can therefore be derived from the aforementioned periods.
Prices
Prices will not be increased within the term of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.
All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors.
All prices on the site are in EUROs and include 9% or 21% VAT.
Trial period / right of withdrawal
In the event of a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 of the Dutch Civil Code), the customer has the right to return (part of) the delivered goods within a period of 14 working days without giving any reason. This period starts when the ordered goods are delivered. If the customer does not return the delivered goods to Grace vanderHeide after the expiry of this period, has returned, the sale is a fact. Before proceeding with the return, the customer is obliged to notify Grace vanderHeide in writing within the period of 14 working days after delivery. The customer must prove that the delivered goods have been returned on time, for example by means of proof of postal delivery. The goods must be returned in the original packaging (including accessories and associated documentation) and in new condition. If the goods have been used, encumbered or damaged in any way by the customer, the right to dissolution within the meaning of this paragraph will lapse. With due observance of the provisions of the previous sentence, Grace vanderHeide will ensure that the full purchase price excluding the calculated shipping costs is refunded to the customer within 30 days of proper receipt of the return. Returning the delivered goods is entirely at the expense and risk of the customer.
The right to dissolve, as described in the previous paragraph, only relates to the goods delivered and will in no case relate to services, such as telephone subscriptions of the services provided by Grace vanderHeide. offered (mobile) network operators. The general terms and conditions of the said network operators will apply to the latter services, where Grace vanderHeide only acts as an intermediary or agent.
The right of withdrawal does not apply to:
services of which the execution, with the consent of the consumer, has started before the period of seven working days
goods or services whose price is subject to fluctuations in the financial market, over which the supplier has no influence
goods that are manufactured according to the consumer's specifications, for example custom work, or that have a clearly personal character
for goods or services that cannot be returned due to their nature, for example for hygiene reasons or that can spoil or age quickly
audio and video recordings and computer software of which the consumer has broken the seal
the supply of newspapers and magazines; for the services of betting and lotteries
Data management
If you place an order with Grace vanderHeide, your details will be included in Grace vanderHeide's customer database. Grace vanderHeide complies with the Personal Records Act and will not provide your details to third parties. See our Privacy Policy.
Grace vanderHeide respects the privacy of the users of the internet site and ensures that your personal data is treated confidentially.
Grace vanderHeide in some cases uses a mailing list. Each mailing contains instructions to remove yourself from this list.
Guarantee
Grace vanderHeide guarantees that the products it supplies meet the requirements of usability, reliability and lifespan as reasonably intended by the parties to the purchase agreement, and therefore guarantees the manufacturer's warranty of the product delivered to you.
Grace vanderHeide's warranty period corresponds to the manufacturer's warranty period. However, Grace vanderHeide is never responsible for the ultimate suitability of the items and products for each individual application by the customer, nor for any advice regarding the use or application of the items and products.
The customer is obliged to check the delivered goods/products immediately upon receipt. If it appears that the delivered item/product is wrong, defective or incomplete, the customer must immediately report these defects in writing to Grace vanderHeide (before proceeding to return to Grace vanderHeide). to be reported to Grace vanderHeide in writing no more than 1 month after delivery. Return of the goods must take place in the original packaging (including accessories and accompanying documentation) and in new condition. and/or resale after a defect has been established, this right to complain and return lapses entirely.
If the customer's complaints are found to be well-founded by Grace vanderHeide, Grace vanderHeide will, at its discretion, replace the goods/products delivered free of charge or make a written arrangement with the customer regarding compensation, on the understanding that the liability of Grace vanderHeide and The amount of the compensation is always limited to a maximum of the invoice amount of the relevant items, or (at the discretion of Grace vanderHeide to the maximum amount covered in the relevant case by Grace vanderHeide's liability insurance. Any liability of Grace vanderHeide for any other form of damage is excluded, including additional compensation in whatever form, compensation for indirect damage or consequential damage or damage due to lost profit.
This warranty does not apply if:
A) and as long as the customer towards Grace vanderHeide is in default;
B) the customer has repaired and/or processed the delivered goods himself or has had them repaired and/or processed by third parties.
C) the delivered goods have been exposed to abnormal conditions or are otherwise handled carelessly or have been treated contrary to Grace vanderHeide's instructions and/or instructions for use on the packaging;
D) the defectiveness is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used;
Offers
Offers are without obligation, unless stated otherwise in the offer.
Upon acceptance of a non-binding offer by the buyer, Grace vanderHeide reserves the right to revoke or deviate from the offer within a period of 3 working days after receipt of that acceptance.
Oral promises are only binding on Grace vanderHeide after they have been expressly confirmed in writing.
Offers from Grace vanderHeide do not automatically apply to repeat orders.
Grace vanderHeide cannot be held to its offer if the customer should have understood that the offer, or a part thereof, contained an obvious mistake or error.
Additions, changes and/or further agreements are only effective if agreed in writing.
Agreement
An agreement between Grace vanderHeide and a customer is established after an order has been placed by Grace vanderHeide has been assessed for feasibility.
Grace vander reserves the right not to accept orders or assignments without stating reasons or to accept them only on the condition that the shipment takes place after payment in advance.
Images and specifications
All images; photos, drawings, etc.; eg data regarding weights, dimensions, colours, images of labels, etc. on the internet site of Grace vanderHeide are only approximate, are indicative and cannot give rise to compensation or dissolution of the agreement.
Force majeur
Grace vanderHeide is not liable if and insofar as its obligations cannot be fulfilled as a result of force majeure.
Force majeure is understood to mean any strange cause, as well as any circumstance, which should not reasonably be at its risk. Delay or non-performance by our suppliers, Internet failures, electricity failures, e-mail failures and failures or changes in technology provided by third parties, transportation difficulties, strikes, government action, delays in supply, negligence of suppliers and/ or manufacturers of Grace vanderHeide as well as of auxiliary persons, illness of personnel, defects in auxiliary or means of transport are expressly regarded as force majeure.
Grace vanderHeide reserves the right to suspend its obligations in the event of force majeure and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be amended in such a way that execution remains possible. By no means is Grace vanderHeide obliged to pay any fine or compensation.
If Grace vander has already partially fulfilled its obligations at the commencement of the force majeure, or can only partially fulfill its obligations, it is entitled to invoice the part already delivered or the part that can be delivered separately and the customer is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the part already delivered or to be delivered has no independent value.
Liability
Grace vanderHeide is not liable for damage to objects or persons caused by incorrect use of the products. Before use, read the instructions on the packaging and/or consult our website.
Grace vanderHeide is not liable for damage caused by intent or equivalent conscious and unconscious recklessness on the part of persons, clients of a care institution or people living at home, people with a non-congenital brain defect.
Any liability of Grace vanderHeide for any other form of damage is excluded, including damage as a result of reckless use of the product.
Retention of title
Ownership of all by Grace vanderHeide Goods sold and delivered to the customer remain with Grace vanderHeide as long as the customer's claims of Grace vanderHeide pursuant to the agreement or previous or later similar agreements, as long as the customer has not yet fulfilled the work performed or to be performed under these or similar agreements and as long as the customer has failed to fulfill the claims of Grace vander due to shortcomings in the performance of has not yet fulfilled such obligations, including claims in respect of fines, interest and costs, all this as referred to in Section 3:92 of the Dutch Civil Code.
The goods delivered by Grace vanderHeide which are subject to retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.
The customer is not authorized to pledge or otherwise encumber the goods subject to retention of title.
The customer now gives unconditional and irrevocable permission to Grace vanderHeide or a to appoint a third party to, in all cases where Grace vanderHeide wishes to exercise its property rights, to enter all those places where its property will then be located and to take those items there.
If third parties seize the goods delivered subject to retention of title or wish to establish or enforce rights thereon, the customer is obliged to accept Grace vanderHeide as soon as may reasonably be expected.
The customer undertakes to insure the goods delivered subject to retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection to Grace vanderHeide on first request.
Applicable law/competent court
Dutch law applies to all agreements.
Disputes arising from an agreement between Grace vanderHeide and buyer, which cannot be resolved in mutual consultation, the competent court within the district of Leeuwarden will take cognizance of, unless Grace vanderHeide prefers to submit the difference to the competent court of the buyer's place of residence, with the exception of those disputes that fall within the competence of the subdistrict court.
General Terms and Conditions of Grace van der Heide Coaching
located in Egmond aan Zee
Version valid from 05 March 2020
​
Article 1: Definitions
In these general terms and conditions, the following definitions apply:
Contractor: The legal entity, Grace vanderHeide Coaching, on behalf of which the coach offers services in the field of coaching or related activities subject to these general terms and conditions.
​
Client: The natural or legal person who has commissioned the Contractor to provide services in the field of coaching or related activities.
​
Coachee: The natural person who participates in a counseling process in the field of coaching or related activities.
​
Services: All coaching activities that have been commissioned, or that arise from or are directly related to the assignment, all this in the broadest sense of the word.
​
Agreement: Any agreement between the Client and the Contractor for the provision of services by the Contractor for the Client.
Article 2: Applicability of these terms and conditions
These general terms and conditions apply to all quotations, order confirmations and agreements in which services are offered or delivered by the Contractor.
These general terms and conditions also apply to any Agreement in which third parties are involved for the performance by the Contractor.
Deviations from these general terms and conditions are only valid if and insofar as they have been agreed in writing between the Client and the Contractor.
Any purchase or other general terms and conditions of the Client do not apply, unless the Contractor has expressly accepted them in writing.
If one or more provisions of these general terms and conditions are null and void or should be annulled, the other provisions of these general terms and conditions will remain fully applicable. The Client and the Contractor will then enter into consultation to agree on a new provision to replace the void or voided provision, as much as possible in accordance with the purpose and intent of the original provision.
Article 3: Quotations and conclusion of the Agreement
All quotations made by the Contractor are without obligation and are valid for 30 days, unless indicated otherwise. The Contractor is only bound by an offer if the acceptance thereof has been confirmed to the Contractor by the Client within the set period of validity without reservation or change.
The prices in the offers are exclusive of VAT unless expressly stated otherwise.
The Agreement is concluded by acceptance of the offer by the Client as referred to in the last sentence of paragraph 1. The Client and the Contractor have also entered into an Agreement, if the Contractor confirms an agreement made between the Client and the Contractor in writing and the Client does not confirm the correctness thereof. ten working days or – if that term is shorter – before the commencement of the work.
An agreement with a natural person as client can also be concluded if, at the request of that natural person, a conversation has been held with or on behalf of the Contractor, on the basis of which the parties agree on a guidance process and which is followed by the Contractor sending a invoice.
Article 4: Performance of the Agreement
Every Agreement leads to a best efforts obligation for the Contractor, whereby the Contractor is obliged to fulfill its obligations to the best of its ability, with due care and the necessary craftsmanship.
In all cases in which the Contractor deems this useful or necessary, it has the right – in consultation with the Client – to have certain work performed by third parties or to be assisted by third parties.
The Client shall ensure that all data, which the Contractor indicates are necessary for the execution of the agreement, are provided to the Contractor in a proper, complete and timely manner. If the information required for the execution of the agreement has not been provided to the Contractor in time, the Contractor has the right to suspend the execution of the agreement and/or to charge the additional costs resulting from the delay to the Client in accordance with the usual rates.
If a term has been agreed by the Contractor for the completion of certain activities, this is not a strict deadline, unless expressly agreed otherwise. Exceeding the agreed term therefore does not constitute an attributable shortcoming on the part of the Contractor. For that reason, the client cannot dissolve the agreement and is not entitled to compensation. If the agreed term is exceeded, the Client can set a new, reasonable term within which the Contractor must perform the Agreement. Exceeding this new term may constitute grounds for the Client to dissolve the agreement.
Business Clients purchase the services in advance. These can be used for 2 years from the date of acceptance of the offer.
When the Contractor is instructed to perform an assignment or part thereof in collaboration with a third party, the Client will determine in consultation with all those involved what each person's task is. The Contractor accepts no joint and several liability, nor liability for the performance of the task and the associated activities of the third party.
Article 5: Confidentiality and Privacy
Conversations between the Contractor and the coachee are regarded as strictly confidential. Information is considered confidential if this has been communicated by the Client or if this results from the nature of the information. The Contractor shall ensure that this obligation is also imposed on any employees or third parties engaged by it for an assignment. The Contractor will therefore not inform anyone, including the Client, about the content and progress of these conversations, unless the coachee has given permission for this.
During and after the Agreement(s) with the Client, the Contractor will keep secret and handle it with care, except for any obligation that the Client has provided in the context of the agreement(s) with the Client. law or an authorized government body imposes on him to disclose certain information.
Article 6: Intellectual property
The Contractor is entitled to the intellectual property rights with regard to the services and products it provides to the Client and/or coachee within the framework of the Agreement or uses it in the context of the Agreement, including but not limited to tests, readers, reports, models, training materials and computer programs.
The Client and/or coachee may not use these services and/or products, to which the Contractor is entitled with regard to intellectual property rights, without explicit written permission from the Contractor, other than for the purpose of this assignment.
The Contractor is entitled to use the knowledge obtained through the performance of the work for other purposes, insofar as no confidential information is disclosed to third parties and provided that it cannot be traced back to individual clients or coachees.
​
Article 7: Fee and costs
Unless expressly agreed otherwise, the Contractor's fee consists of a predetermined fixed amount per agreement or per service provided and/or can be calculated on the basis of rates per unit of time worked by the Contractor.
All fees are exclusive of government levies such as turnover tax (VAT), as well as exclusive of travel and other expenses incurred on behalf of the Client, including but not limited to invoices from third parties engaged.
The Contractor may request the Client to pay a reasonable advance in connection with fees that the Client owes or will owe and/or expenses that must be incurred on behalf of the Client. If the Contractor has requested a reasonable advance, the Contractor has the right to suspend the performance of the work until the Client has paid the advance to the Contractor.
The Contractor reserves the right to annually adjust the agreed fees due to changes in the general price index and any measures imposed by the government.
The Contractor makes a distinction between rates for business and private clients. The Contractor's standard rates are the private rates. The Contractor may decide, where appropriate, to charge the private rate to a private client/natural person under the strict condition that the Client finances the service from its own resources.
Article 8: Payment
Payment must be made within 30 days of the invoice date for a business client and within 14 days of the invoice date for a private client, in a manner to be indicated by the Contractor. Payment will be made without deduction, set-off or suspension for whatever reason
After expiry of the payment term, the Client is in default. From the moment of default, the Client owes the Contractor over the due amount default interest equal to the statutory interest, plus administration costs amounting to 10% of the outstanding invoices.
In the event that there are several clients, each Client is jointly and severally liable towards the Contractor for payment of the total invoice amount if the work has been performed for all these Clients.
Payments made by the Client always serve in the first place to settle all interest and costs owed, and in the second place to settle the longest outstanding invoices due, even if the Client states that the payment relates to a later/different invoice.
Article 9: Collection costs
If the Contractor takes collection measures against the Client who is in default, the costs related to that collection will be borne by the Client, which costs are set at at least 10% of the outstanding invoices. These costs include the costs of any collection agencies, bailiffs and/or lawyers to be engaged.
​
Article 10: Liability
The Contractor is only liable towards the Client and/or coachee for damage as a result of a serious attributable shortcoming in the execution of the Agreement. This is the case if the Contractor does not observe the required care and expertise in the execution of the agreement.
If, for whatever reason, no insurance payment is made, the Contractor's liability towards the Client and/or coachee is limited to the fee of the assignment to which the liability relates, with a maximum of €1,000.
The Contractor is not obliged to compensate indirect damage suffered by the Client or coachee, including but not limited to consequential damage, loss of profit and damage as a result of business interruption.
The Contractor will exercise due care when engaging third parties who are not active in its organization (such as consultants, experts or service providers). The Contractor is not liable for serious shortcomings towards the Client or coachee or for any errors or shortcomings of these third parties. In such a case, the Client is obliged to hold the engaged third parties liable and to recover any damage suffered from these third parties.
The Contractor is not liable for damage suffered by the Client or coachee, of whatever nature, if the Contractor has based its assignment on incorrect and/or incomplete information provided by the Client, unless this inaccuracy or incompleteness was clearly known to the Contractor or should have been.
The Contractor or any coaches or third parties commissioned by him who are charged with guiding coachees will not provide or use any means, methods, techniques or instructions or allow situations to arise that limit or adversely affect the coachee's ability to observe, analyze and assessing imminent damage for the coachee, in whatever form. If the coachee should incur any damage, the Contractor or coaches or third parties to be engaged by him is in no way liable for this.
The Client indemnifies the Contractor against all claims (such as damage and legal claims) from third parties related to the execution of the agreement between the Client and the Contractor, unless these are claims resulting from serious shortcomings on the part of the Contractor.
If the Client and/or the coachee has not brought a possible claim against the Contractor within one year after the discovery of the damage, this legal claim will lapse after the end of the year.
Article 11: Cancellation conditions
The activities referred to in the context of the agreement are deemed to start on the date of acceptance by the Contractor – which takes place by signing it – of the quotation received from the Contractor. Apart from this, the parties can agree on a different start date, but this date will then have to be explicitly and separately agreed in writing by the parties.
The Client owes 100% of the total agreed principal if he does not use the agreed services of the Contractor, even without canceling.
Cancellation of a single coach call by the coachee must be made at least 24 hours in advance, irrespective of the reason for cancellation, whereby the confirmation of receipt by the coach is leading. In the event of cancellation within 24 hours, the relevant costs will be deducted from the credit from the budget (for a business client) or invoiced (for a private client).
Article 12: Termination of the Agreement
The Contractor is entitled to terminate the agreement, with immediate effect, without judicial intervention, by means of a written notification thereof to the Client, if the Client fails to pay an invoice sent by the Contractor, within 14 days after a written reminder.
The Contractor is entitled to terminate the Agreement with immediate effect and without judicial intervention by means of a written notification of this to the Client, if any obligation arising from the agreement is not or not properly fulfilled within 14 days after a written reminder.
Both the Client and the Contractor may terminate the agreement in writing with immediate effect if the other party is granted a moratorium or has been declared bankrupt.
Article 13: Dispute Resolution
Dutch law applies to all agreements between the Client and the Contractor.
If the Contractor and the Client or the Coachee have a dispute arising from this Agreement, they are obliged to first try to resolve this dispute in consultation and, if this fails, to use mediation. A mediator will be appointed by mutual agreement. The costs of the mediator will be borne in part by the parties.
If consultation and/or mediation does not lead to a solution of the dispute, the competent judicial authority in the district where the Contractor is established has exclusive jurisdiction to hear the dispute.