Terms and Conditions
TERMS AND CONDITIONS TO BE BY ANNELI COACHING & THERAPY
ARTICLE 1. | DEFINITIONS
- In these general terms and conditions, the following terms, also those conjugated in plural or singular, are used in the following sense, insofar as the nature or purport of the provisions does not dictate otherwise.
- To Be by Anneli coaching & therapy: the user of these general terms and conditions, established in The Netherlands, registered in the Trade Register under Chamber of Commerce number XXXXXXXX.
- Counterparty: any natural or legal person with whom To Be by Anneli coaching & therapy has concluded or intends to conclude an agreement.
- Consumer: a counterparty as referred to in the previous paragraph, natural person, not acting in the exercise of a profession or business.
- Agreement: any between To Be by Anneli coaching & therapy and the other party concluded agreement, with which To Be by Anneli coaching & therapy has committed itself towards the other party to provide services and / or the delivery of products.
- Distance contract: an agreement as referred to in the previous paragraph that is concluded between To Be by Anneli coaching & therapy and a consumer is closed directly through the ordering or registration process on the website www.tobebyanneli.nl of www.tobebyanneli.com
- Services / provision of services: the under the agreement by or on behalf of To Be by Anneli coaching & therapy Services to be provided, including non-exhaustive, may include: individual coaching, group coaching, therapy sessions, lectures, workshops, one-on-one guidance and group guidance.
- Program: the entirety of meetings (with regard to coaching, therapy, workshops, lectures and guidance) that is part of the agreement. A program can consist of several meetings, but also a single meeting.
- Meeting: any as part of a program by or on behalf of To Be by Anneli coaching & therapy meeting on a specific day, during a specific time frame.
- Participant: anyone who participates in the agreed program within the framework of the agreement, whether or not also the other party.
- Written: in addition to traditional written communication, communication by e-mail, via What’sApp or any other means of communication that can be equated with this in view of the state of the art and the prevailing views in society.
ARTICLE 2. | GENERAL PROVISIONS
- These general terms and conditions apply to any offer from To Be by Anneli coaching & therapy and any agreement or counseling plan that has been reached.
- The applicability of any general terms and conditions of the other party, under whatever name, is explicitly rejected.
- The provisions of these general terms and conditions can only be deviated from explicitly and in writing. If and insofar as that which the parties have explicitly agreed in writing deviates from the provisions of these general terms and conditions, that which the parties have explicitly agreed in writing will apply.
- The nullification or invalidity of one or more of the provisions of these general terms and conditions or the agreement as such does not affect the validity of the other provisions. In such a case, the parties are obliged to enter into mutual consultation in order to make a replacement arrangement with regard to the affected clause. The purpose and purport of the original provision is taken into account as much as possible.
ARTICLE 3. | OFFER AND FORMATION OF THE AGREEMENT
- Every offer of To Be by Anneli coaching & therapy is without obligation and is subject to sufficient availability of the services offered. To Be by Anneli coaching & therapy can still revoke its offer until immediately after acceptance by the other party.
- Obvious errors and mistakes in an offer from To Be by Anneli coaching & therapy does not bind her.
- De wederpartij kan geen rechten ontlenen aan een aanbod van To Be by Anneli coaching & therapy dat gebaseerd is op door de wederpartij verstrekte onjuiste of onvolledige gegevens.
- Without prejudice to the provisions of paragraph 1, every agreement is concluded at the moment that the offer of To Be by Anneli coaching & therapy is accepted by the other party and the other party has met all the conditions stated in the offer, including applicable, full payment of the advance payment.
- To Be by Anneli coaching & therapy reserves the right to enter into the agreement under the suspensive condition that To Be by Anneli coaching & therapy has found the other party or participant suitable for participation in the relevant program. If To Be by Anneli coaching & therapy deems the other party or participant not suitable for participation, To Be by Anneli coaching & therapy will inform the other party of this with reasons and the other party makes a maximum claim to remission or refund of the agreed price for sessions not followed. The price for sessions that have been followed remains payable in full.
- If the other party leaves the fulfillment of any of its obligations under the agreement to one or more third parties, the other party is liable towards To Be by Anneli coaching & therapy for the proper fulfillment thereof by these third parties.
ARTICLE 4. | IMPLEMENTATION OF PROGRAMS & MEETINGS AND OBLIGATIONS OF THE OTHER PARTY
- If it has not yet been established when the agreement is concluded when a program or meeting will be provided, this will be determined on the basis of further mutual consultation between the parties.
- The other party guarantees that it provides To Be by Anneli coaching & therapy all information that is reasonably relevant for the design and implementation of the agreement, in a timely manner, completely and in any manner prescribed by To Be by Anneli coaching & therapy. . The other party guarantees the correctness of all information it provides to To Be by Anneli coaching & therapy.
- Furthermore, the other party must always provide To Be by Anneli coaching & therapy with all the cooperation required for the execution of the agreement. The other party will take all reasonable measures to optimize the performance of the agreement.
- The services are performed at the location of To Be by Anneli coaching & therapy or another location designated by it, unless expressly agreed otherwise. If it has been expressly agreed that the program will be performed at the location of the other party or another location designated by it and agreed between the parties, the other party guarantees that a space is available at that location that is suitable for providing the relevant program and the persons employed by To Be by Anneli coaching & therapy can make free use of all things and facilities reasonably desired by them at that location.
- To Be by Anneli coaching & therapy provides the agreed services to the best of insight and ability and according to the requirements that may be imposed on a competent colleague. To Be by Anneli coaching & therapy, however, only commits to a best efforts obligation; To Be by Anneli coaching & therapy can never guarantee that the results are achieved that the other party intends to achieve by entering into the agreement.
ARTICLE 7. | TERMS
To Be by Anneli coaching & therapy makes every effort to meet the implementation periods agreed between the parties. Except insofar as the dates and times can reasonably be regarded as fixed with regard to the implementation of programs and meetings, all execution times stated and / or agreed by To Be by Anneli coaching & therapy are exclusively to be regarded as indicative, non-fatal periods. . The default of To Be by Anneli coaching & therapy does not commence until after the other party has given To Be by Anneli coaching & therapy written notice of default, in which notice a reasonable period is stated within which To Be by Anneli coaching & therapy will still conclude the agreement. can fulfill and the fulfillment has not yet been fulfilled after the expiry of the latter period.
ARTICLE 8. | CANCELLATION AND RELOCATION OF MEETINGS BY THE OTHER PARTY
- The cancellation conditions of this article do not affect the provisions of article 4. Furthermore, the cancellation conditions of this article do not apply to courses. The provisions of Article 9 apply to study programs.
- The other party can cancel the participation in a meeting free of charge up to 48 hours before the start thereof. If cancellation takes place between 48 and 24 hours before the start of the meeting, the other party will owe 50% of the price applicable for the meeting. If cancellation takes place within 24 hours before the start of the meeting, no remission or refund will be made.
- Cancellation must be made by e-mail (email@example.com of firstname.lastname@example.org). The time when the cancellation statement of the other party has reached To Be by Anneli coaching & therapy, counts as the time of cancellation.
- Any relocation of a meeting, or relocation of participation to it, at the request of the other party, counts as cancellation of the agreement and the realization of a new agreement, whereby the cancellation scheme of this article applies accordingly, unless To Be by Anneli coaching & therapy decides to deviate from this in favor of the other party. To Be by Anneli coaching & therapy can reject a request from the other party for relocation, but will not withhold its consent on unreasonable grounds.
ARTICLE 10. | CANCELLATION AND RELOCATION OF PROGRAMS AND MEETINGS BY TO BE BY ANNELI COACHING & THERAPY
- To Be by Anneli coaching & therapy reserves the right at all times to cancel a program or meeting in the event of insufficient participants, force majeure or unforeseen special circumstances. Where possible, To Be by Anneli coaching & therapy will offer the other party a suitable alternative. On the same grounds, To Be by Anneli coaching & therapy can move one or more meetings in terms of date and / or time.
- In case of cancellation or relocation as referred to in the previous paragraph, To Be by Anneli coaching & therapy will notify the other party of this as soon as possible. In the event of relocation, the other party can only cancel the agreement for that part to which the relocation relates if performance on an alternative date and / or time to be determined, taking all circumstances of the case into account, not reasonably on the part of the other party. a participant can be required. In principle, the other party or participants may be expected to cooperate / cooperate in determining an alternative date and / or time.
- For services already provided and possibly still to be provided by To Be by Anneli coaching & therapy in connection with a possible cancellation by To Be by Anneli coaching & therapy as referred to in paragraph 1 or cancellation by the other party as referred to in paragraph 2, the the other party will owe the agreed price in proportion to the part of the agreement enjoyed or still to be enjoyed, unless these services have no independent value. In connection with cancellation or relocation as referred to in this article, the other party will never be entitled to further compensation than (partial) refund or remission of the agreed price.
ARTICLE 15. | SUSPENSION AND DISSOLUTION
- To Be by Anneli coaching & therapy is, if the circumstances of the case justify it, authorized to suspend the execution of the agreement or to dissolve the agreement in whole or in part with immediate effect, if and insofar as the other party fulfills its obligations under the agreement does not, not timely or not fully comply, or circumstances that have become known to To Be by Anneli coaching & therapy after the conclusion of the agreement give good grounds to fear that the other party will not fulfill its obligations. If the fulfillment of the obligations of the other party with regard to which it falls short or threatens to fall short is not permanently impossible, the right to dissolution will only arise after the other party has been given notice of default by To Be by Anneli coaching & therapy in writing. which notice of default states a reasonable term within which the other party can (still) fulfill its obligations and after expiry of the latter term, the fulfillment has still not been performed.
- If the other party is in a state of bankruptcy, has applied for (provisional) suspension of payments, the Natural Persons Debt Restructuring Act has been declared applicable to it, any attachment has been levied on its goods or in cases where the other party cannot otherwise freely control its assets. dispose of, To Be by Anneli coaching & therapy is entitled to terminate the agreement with immediate effect, unless the other party has already provided sufficient security for the amounts owed by it to To Be by Anneli coaching & therapy under the agreement.
- The other party is obliged to compensate the damage suffered by To Be by Anneli coaching & therapy as a result of the suspension or dissolution of the agreement.
- If To Be by Anneli coaching & therapy terminates the agreement on the basis of this article, all claims against the other party are immediately due and payable.
ARTICLE 16. | PAYMENTS
- Payments must be made in the manner prescribed by To Be by Anneli coaching & therapy, within the period stated on the invoice or otherwise indicated by To Be by Anneli coaching & therapy. For example, To Be by Annali coaching & therapy is entitled to claim full or partial advance payment from the other party.
- In case of prepayment, To Be by Anneli coaching & therapy is not obliged to implement the agreement until after the payment due by the other party has been received in full by To Be by Anneli coaching & therapy.
- To Be by Anneli coaching & therapy is entitled to make the invoices due to the other party available to it exclusively by e-mail.
- If timely payment is not made, the default of the other party will take effect by operation of law. From the day that the default of the other party commences, the other party owes interest of 2% per month on the outstanding amount, whereby part of a month is regarded as a full month. Contrary to the previous sentence, instead of the contractual interest referred to there, the statutory interest is calculated if the other party acts in the capacity of consumer.
- All reasonable costs, both judicial, extrajudicial and execution costs, incurred in order to obtain the amounts owed by the other party, are for the account of the other party.
ARTICLE 17. | LIABILITY AND INDEMNITY
- Participation in a program is completely voluntary and entirely at the risk of the other party or participant. To Be by Anneli coaching & therapy is in no way responsible or liable in this respect. To Be by Anneli coaching & therapy is not liable for damage that may arise in connection with the content of the documentation, advice or recommendations provided by or on behalf of To Be by Anneli coaching & therapy. Furthermore, To Be by Anneli coaching & therapy bears no liability for damage resulting from an act or omission of the participant as a result of knowledge and skills acquired by him through a program.
- To Be by Anneli coaching & therapy is never liable for damage and theft of personal belongings of the other party or participant.
- To Be by Anneli coaching & therapy is, except insofar as mandatory by law, not liable for damage resulting from errors or shortcomings of third parties whose help To Be by Anneli coaching & therapy in the implementation of the agreement Make use of.
- To Be by Anneli coaching & therapy is never liable for damage caused because it is based on incorrect or incomplete information provided by the other party or participant.
- To Be by Anneli coaching & therapy is never liable for indirect damage. To Be by Anneli coaching & therapy, without prejudice to the other provisions of these general terms and conditions and in particular the provisions of paragraph 7 of this article, can only be held liable towards the other party for direct damage that the other party suffers as a result of an attributable failure of To Be by Anneli coaching & therapy in the fulfillment of the agreement. An attributable shortcoming must be understood to mean a shortcoming that a good and careful colleague can and should avoid, all this with due observance of normal vigilance and the professional knowledge and resources required for the performance of the agreement.
- The liability of To Be by Anneli coaching & therapy is at all times limited to the invoice value of the agreement, or at least to that part of the agreement to which the liability of To Be by Anneli coaching & therapy relates. If the damage for which To Be by Anneli coaching & therapy is liable, is excessive in comparison with the invoice value of the agreement and is covered by the business liability insurance of To Be by Anneli Coaching & Therapy, the liability of To Be by Anneli coaching & therapy limited to the amount that the insurer in question actually pays out in the relevant case, supplemented with any deductible of To Be by Anneli coaching & therapy that applies under that insurance.
- The other party indemnifies To Be by Anneli coaching & therapy against any claims from third parties (including participants) who suffer damage in connection with the implementation of the agreement and the cause of which is attributable to others than To Be by Anneli coaching & therapy.
- All legal claims and defenses against To Be by Anneli coaching & therapy expire after one year. By way of derogation from the previous sentence, claims and defenses accruing to consumers that are based on facts that would justify the statement that a consumer purchase does not comply with the agreement will lapse after two years.
- The liability limitations from these general terms and conditions do not apply if the damage is the result of intent or deliberate recklessness on the part of To Be by Anneli coaching & therapy.
ARTICLE 18. | COMPLAINT POLICY
- Complaints with regard to the implementation of the agreement by or on behalf of To Be by Anneli coaching & therapy must be submitted in writing to To Be by Anneli coaching & therapy. As soon as possible after receipt of the complaint, the person submitting the complaint will receive a response by e-mail, provided that the complaint has been submitted by e-mail, or the e-mail address of the person concerned otherwise at To Be by Anneli coaching & therapy is known. To Be by Anneli coaching & therapy does not need to confirm receipt of complaints by post for which the e-mail address of the sender is not known.
- Complaints submitted to To Be by Anneli coaching & therapy will be answered within fourteen days of receipt. If a complaint requires a longer processing time, a reply will be given within fourteen days with a confirmation of receipt and an indication of when the complainant can expect the substantive handling of the complaint.
- To Be by Anneli coaching & therapy guarantees the confidential treatment of every complaint. Without the prior consent of the submitter, complaints will not be made available to third parties outside the organization of To Be by Anneli coaching & therapy, unless the complaint relates to a third party designated by To Be by Anneli coaching & therapy under the agreement. for its implementation.
- Complaints are not kept by To Be by Anneli coaching & therapy longer than is necessary for the realization of the purposes for which they are processed. To Be by Anneli coaching & therapy implements appropriate technical and organizational measures to protect complaints and other personal data of the submitter against loss and against any form of unlawful processing.
ARTICLE 19. | PRIVACY
- The personal data provided to To Be by Anneli coaching & therapy will only be used to record and implement the agreement. Personal data will not be provided to third parties, unless this is necessary in connection with the recording and implementation of the agreement, or must be done on the basis of a statutory regulation or court order.
- The other party, as well as participants, must regard all that is contributed during meetings by fellow participants, To Be by Anneli coaching & therapy or the third parties designated by it, as confidential information. This information may not be shared with third parties, except for normal application of what has been learned in practice. Only in this way can an open exchange of information during meetings be guaranteed, in which the privacy of any fellow participants, To Be by Anneli coaching & therapy and any third parties designated by it is fully respected.
ARTICLE 20. | INTELLECTUAL OWNERSHIP
- To Be by Anneli coaching & therapy and any third parties engaged by it for the provision of services reserve the copyright and all other intellectual property rights on the content of the content of programs and meetings compiled by them, the working methods and methods they use. , as well as the items made available by them, including (workshop or coaching) materials and other information provided in whatever form.
- The other party or participants will not reproduce the goods referred to in paragraph 1 or make them known to third parties, except for normal use in connection with the purpose for which these goods were made available to them or have come to their attention in the context of the agreement.
- The other party or participants is never permitted to make any changes to indications regarding intellectual property rights of To Be by Anneli coaching & therapy or third parties.
- Making video and / or sound recordings during meetings is not permitted, unless this takes place with the prior written consent of To Be by Anneli coaching & therapy. Recordings as referred to here, made with the prior written consent of To Be by Anneli coaching & therapy, may only be used for the purpose as stated or confirmed in writing by To Be by Anneli coaching & therapy.
- A violation of the provisions of this article obliges the infringing party in any case to pay compensation for the damage suffered by To Be by Anneli coaching & therapy and / or any third parties engaged by it for the provision of services as a result. Furthermore, the latter are entitled to demand immediate rectification of the infringement insofar as this is still reasonably possible.
ARTICLE 21. | FINAL PROVISIONS
- To Be by Anneli coaching & therapy is at all times entitled to change these general terms and conditions, on the understanding that the changes do not relate to an agreement that has already been concluded between the parties.
- Dutch law is exclusively applicable to every agreement and all legal relationships arising from it between the parties.
- Before appealing to the courts, the parties are obliged to make every effort to settle the dispute in mutual consultation. The competent court in disputes is the Dutch court, in the first instance the Gelderland District Court, Arnhem location.
Insofar as the law does not necessarily deviate therefrom, only the competent court within the district of the place of business of To Be by Anneli coaching & therapy is appointed to take cognizance of any legal disputes.
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