GENERAL TERMS AND CONDITIONS JOULES COACHING

English: 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 - APPLICABILITY1. These conditions apply to all quotes, offers, work, orders, agreements and deliveries of services or products by or on behalf of JouLes Coaching.2. JouLes Coaching and the Client can 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 change the prices of its services and products on its website and in other communications at any time. 3. JouLes Coaching and the Client agree on a total amount as a target price for a service provided by JouLes Coaching, unless otherwise agreed in writing. 4. JouLes Coaching may deviate from the target price by up to 10%. 5. JouLes Coaching must inform the Client in a timely manner why a higher price is justified if the target price will be more than 10% higher. 6. The Client may cancel the part of the order that exceeds the target price (plus 10%) if the target price will be more than 10% higher. 7. JouLes Coaching may adjust 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 terms 1. JouLes Coaching may request a deposit of up to 50% of the agreed amount when entering into the agreement. 2. The Customer must have made a payment 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 give notice of default. 4. JouLes Coaching may make 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 deposit 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 invoice date, unless otherwise agreed or a different payment term is stated on the invoice.4. The stated payment terms 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 notice of default. 5. JouLes Coaching may make 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 notice 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 shall pay 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 single magazine or 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 Customer's consent and where the Customer has expressly declared that he waives the right of withdrawal2. The 14-day reflection period in paragraph 1 commences:- 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 or she will purchase digital content via the internet3. The consumer can use his or her reflection period by sending an email with that subject to info@holisticparenting.nl, possibly using the withdrawal form available on the JouLes Coaching website, www.holisticparenting.nl.4. The consumer is obliged to return the product to JouLes Coaching within 14 days after notification of his right of withdrawal, otherwise his right of withdrawal will lapse.ARTICLE 7 - REIMBURSEMENT OF DELIVERY COSTS 1. If the consumer has revoked his purchase on time and returned the entire order to JouLes Coaching on time, JouLes Coaching will reimburse any shipping costs paid by the consumer within 14 days after receipt of the order that has been returned in full on time.2. The delivery costs are only borne by JouLes Coaching insofar as 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 thereof. 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 that require the Customer to pay money to JouLes Coaching.3. JouLes Coaching is not liable for any damage suffered by the Customer as a result of 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 of JouLes Coaching relating to an underlying agreement, including claims due to failure to perform.2. Until the time in paragraph 1, JouLes Coaching can exercise 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 exercises its retention of title, the agreement will be terminated 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 takes place at JouLes Coaching, unless otherwise agreed.3. Delivery of products ordered online takes place at the address specified by the Customer.4. If the Customer fails to pay the agreed amounts or fails to pay them on time, JouLes Coaching may suspend its obligations until the Customer pays.5. Late payment constitutes default by the creditor, meaning that the Customer cannot object to late delivery against JouLes Coaching.ARTICLE 14 - DELIVERY TIME1. JouLes Coaching’s delivery times are indicative. The Customer cannot derive any rights from later delivery, unless otherwise agreed in writing.2. The delivery time commences when the Customer has fully completed the ordering process and has received confirmation 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 a written reminder has been given or if the Customer and JouLes Coaching have agreed otherwise. ARTICLE 15 - ACTUAL DELIVERY 1. The Customer must ensure that the actual delivery of his ordered products can take place on time. ARTICLE 16 - TRANSPORT COSTS 1. The Customer shall pay the transport costs, unless the Customer and JouLes Coaching have agreed otherwise in writing. ARTICLE 17 - PACKAGING AND SHIPPING 1. 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 fails to do so, 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 the 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 make the policy of this insurance available for inspection upon first request of JouLes Coaching.ARTICLE 19 - STORAGE1. If the Customer takes delivery of ordered products later than 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 collection of products shall be borne entirely by the Customer.ARTICLE 20 - WARRANTY1. When the Client and JouLes Coaching have entered into an agreement with a service provision nature, this contains only an obligation of means for JouLes Coaching and therefore not an obligation of results. 2. The warranty on products only applies to defects caused by defective manufacturing or construction or defective materials. 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 due to negligence or improper use by the Client - when the cause of the defect cannot be clearly established 4. The risk of loss, damage or theft of the products supplied by JouLes Coaching shall pass to the Client as soon as they are legally or actually delivered, or at least come into the possession of the Client or of a third party who receives the product for the Client. ARTICLE 21 - PERFORMANCE OF THE AGREEMENT 1. JouLes Coaching shall perform 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 commence the performance of the agreement on time. 5. If the Client does not ensure that JouLes Coaching can commence on time, any 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 accuracy and completeness of the information, data and documents made available, even if these originate from third parties, unless the nature of the agreement dictates otherwise. 3. When and to the extent the Client requests this, JouLes Coaching will return the relevant documents. 4. If the Client fails to provide the information, data or documents reasonably requested by JouLes Coaching, fails to provide them in a timely manner or fails to provide them properly, and the performance of the agreement is delayed as a result, the resulting additional costs and additional hours will be borne by the Client.ARTICLE 23 - CONFIDENTIALITY 1. The Client shall keep confidential any information, in whatever form, that he receives from JouLes Coaching.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 dissemination could harm JouLes Coaching.3. The Client shall take all necessary measures to ensure that he keeps the information referred to 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 Client learned this information or that later became public without this being the result of a breach of the Client’s confidentiality obligation - that is made public by the Client on the basis of a legal obligation 5. The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after its end. ARTICLE 24 - PENALTY CLAUSE 1. If the Client violates the article on confidentiality or intellectual property, he must pay to JouLes Coaching an immediately due penalty for each violation. 2. If the Client is a consumer, the penalty in paragraph 1 is: € 1,000. 3. If the Client is not a consumer, the penalty in paragraph 1 is: € 5,000 4. In addition, the Client must pay an amount of 5% of the applicable amount in paragraph 2 or 3 for each day that the violation continues. 5. The Client must pay the fine in paragraph 1 without the need for notice of default or legal proceedings. There is also no need for any damage. 6. In addition to the fine in paragraph 1, JouLes Coaching may also claim damages from the Client.ARTICLE 25 - INDEMNIFICATION1. The Client indemnifies JouLes Coaching against all claims from third parties relating to the products and/or services supplied by JouLes Coaching. ARTICLE 26 - COMPLAINTS1. The Client must examine a product delivered 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 Client could reasonably expect, the Client must inform JouLes Coaching thereof within 1 month of discovering the shortcoming. 3. A consumer must inform JouLes Coaching thereof 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 may not demand that JouLes Coaching perform work other than that agreed upon.7. If the Client is dissatisfied with the services provided by JouLes Coaching, the Client shall inform JouLes Coaching of this as soon as possible. JouLes Coaching will then attempt to reach an informal solution.8. If the aforementioned complaints procedure does not lead to a solution, the Client may submit a complaint to the Commission for Assessment and Mediation (CvTB) and the Disciplinary Board (CvT). ARTICLE 27 - NOTICE OF DEFAULT1. The Client must notify JouLes Coaching in writing of any notice of default.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 profits 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, 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 for indicative purposes only and cannot lead to any compensation, termination or suspension. ARTICLE 30 - EXPIRY PERIOD1. Any right of the Customer to compensation from JouLes Coaching shall expire 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 - TERMINATION1. The Customer may cancel the agreement if JouLes Coaching is in breach of its obligations, unless this breach does not justify termination due to its special nature or minor significance. 2. If fulfilment of the obligations by JouLes Coaching is still possible, termination can only take place after JouLes Coaching is in default. 3. JouLes Coaching may cancel the agreement with the Client if the Client does not fully or timely fulfil their obligations under the agreement, or if JouLes Coaching has become aware of circumstances that give it good reason to assume that the Client will not fulfil their obligations. ARTICLE 32 - FORCE MAJEURE1. In addition to Article 6:75 of the Dutch Civil Code, a shortcoming of JouLes Coaching by the Client cannot be attributed to JouLes Coaching in the event of force majeure. 2. The force majeure situation in paragraph 1 also includes: - a state of emergency such as a civil war or natural disaster - default or force majeure of suppliers, delivery personnel 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 whole or in part in writing. 5. JouLes Coaching is not obliged to pay any compensation to the Client in a force majeure situation, even if JouLes Coaching benefits from it. ARTICLE 33 - AMENDMENT TO AGREEMENT 1. If it is necessary to amend a concluded agreement for its execution, the Client and JouLes Coaching may amend the agreement. ARTICLE 34 - AMENDMENT TO GENERAL TERMS AND CONDITIONS1. JouLes Coaching may amend these general terms and conditions. 2. JouLes Coaching may always implement minor changes. 3. JouLes Coaching will discuss any significant changes with the Client in advance as much as possible.4. A consumer may terminate the underlying agreement in the event of a significant change to the general terms and conditions. ARTICLE 35 - TRANSFER OF RIGHTS1. The Client 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 terms and 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 drafting the terms and conditions on that point.ARTICLE 37 - APPLICABLE LAW AND JURISDICTION1. These terms and conditions and any underlying agreement between the Client and JouLes Coaching are governed by Dutch law. 2. The court in the district where JouLes Coaching has its registered office has exclusive jurisdiction to hear any disputes between the Client and JouLes Coaching, unless the law provides otherwise. DRAWN UP ON NOVEMBER 7, 2023