GENERAL TERMS AND CONDITIONS
Subject matter of these conditions
These General Terms and Conditions have been agreed between you and me: Marcia Hamelijnck and my company: ‘Inzicht en Balans’, also working under the trade name ‘Oil up’. The terms and conditions set forth all terms and conditions that apply to my services and product supplies, including your rights and responsibilities when you decide to use my services or when you purchase a product from me. I therefore invite you to read the General Terms and Conditions carefully.
The aim is to openly represent the entire process and quality. This document has been compiled by Marcia Hamelijnck, owner of Inzicht en Balans and Oil up (To be referred to as MH). The General Terms and Conditions will be announced at the start of a cooperation or agreement. MH will apply these general terms and conditions for the submission of quotations, invoices and the execution of assignments and for the participants of the aforementioned services.
Article 1. Definitions
In these general terms and conditions I mean:
Contractor: Inzicht en Balans / Oil up / Marcia Hamelijnck, registered in the Chamber of Commerce trade register under number 17121910, independent distributor with Young Living and coach who works under the general terms and conditions, hereinafter to be referred to as MH.
Client: The natural or legal person who has commissioned the contractor to provide coaching and training services, both online and offline, or who requests a quotation for this purpose, or who purchases a product from the contractor or seeks advice from the contractor.
Participant: The natural person who participates in a workshop or trajectory in the field of coaching and training both online and offline.
Services: All work for which an assignment has been given, or which results from or is directly related to the assignment, all this in the broadest sense of the word.
Agreement: The agreement that is concluded between MH and the participant or client by confirmation of MH after registration.
Workshops: online or offline lessons, training or courses provided by MH.
Classes: online or offline lessons, also called workshop or training, provided by MH.
Article 2. Applicability of these conditions
The general terms and conditions apply to all offers, invoices, quotations and agreements in which services or products are offered or delivered by the client or participant; this applies, among other things, to offers, work, quotations, invoices, registration forms, product deliveries and agreements between MH and clients or participant or their legal successors.
By entering into a training course or purchase agreement, both online and offline, the client declares to have agreed to the General Terms and Conditions.
Deviations from these general terms and conditions shall only be valid if and insofar as they have been agreed in writing between the client and the contractor.
The Contractor sets as many conditions as possible to guarantee safety and trust. Each client or client remains responsible for his or her own process.
If a participant or client explicitly rejects the general terms and conditions in writing, MH and the client/participant will agree explicitly on applicable terms and conditions afterwards.
6. Uncertainties about the interpretation of the provisions in these general terms and conditions shall be interpreted in accordance with the purpose of these provisions.
Article 3. Establishment and implementation of the agreement
The agreement between the contractor and the client or participant is concluded by signing a registration purchase form or by written confirmation by the client or participant by means of a registration or purchase agreement or order confirmation sent by e-mail, messenger or Whatsapp or by registration via a website.
The Client has the right to exercise a right of withdrawal without giving reasons within fourteen working days, after receipt of the registration form or order confirmation.
MH reserves the right to cancel a workshop or class. If MH intends to cancel the agreement, MH will inform the client or participant as soon as possible and return any payments made by the client.
Additional agreements or amendments to the agreement, as well as (verbal) agreements and/or promises by personnel of the contractor, are only binding on the contractor if they have been confirmed in writing.
All offers are free of obligation, unless explicitly stated otherwise in writing.
The Client or participant will ensure that all information which the Contracted Party indicates is necessary for the proper performance of the Agreement will be provided to the Contracted Party in full and on time. If the information required for the execution of the agreement is not provided to the contractor on time, the contractor has the right to suspend the execution of the agreement and/or to charge the client for additional costs resulting from the delay in accordance with the usual rates.
The Contractor shall exercise services, workshops, classes, coaching and training to the best of his knowledge and ability and in accordance with the requirements of good workmanship. This obligation has the character of an ‘obligation to perform to the best of one’s ability’, as the achievement of the desired result cannot be guaranteed.
The services are provided at the prices that apply on the day of the conclusion of the Agreement. All prices are given in euros.
The prices and the cost estimates based thereon for the order are stated in the quotations. The rates and/or cost estimates are exclusive of travel and accommodation costs. VAT and other costs related to the order that force MH to adjust the rates or to adjust the other cost reimbursements referred to above, can be passed on.
In all cases where the contractor deems this useful or necessary, it is entitled – in consultation with the client or participant – to have certain work carried out by third parties or to be assisted by third parties.
If the contractor is given the assignment to carry out an assignment or part of an assignment in cooperation with a third party, the client or participant shall determine, in consultation with all parties involved, what each party’s task is. The Contractor does not accept any joint and several liability or liability for the performance of the task and the associated activities of the third party.
Exceeding the agreed term 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.
The Client may, however, set a new reasonable term within which the Supplier must execute the Agreement if the agreed term is exceeded. Exceeding this new term may provide the client with a ground for dissolving the agreement.
Article 4 Copyright and Intellectual Property
Unless otherwise agreed with the client or participant, all data provided, such as readers, brochures, project and training material, software, e-books and the like, are subject to the copyright of the contractor.
All intellectual property rights associated with the agreement, belonging to the workshops, classes, coaching and training, belong to MH and are and will remain the property of MH. Examples are the intellectual property resulting from, for example, teaching material developed, supplied or made available by MH.
All information and data provided by the contractor, such as brochures, readers, project and training materials, software, e-books, etc., are the property of the contractor and are exclusively intended for the agreed order and may not be reproduced, disclosed or brought to the attention of third parties without the contractor’s prior consent.
The participant acquires a non-transferable right to use the course material for the duration of the agreement. The right of use includes use of the course material.
The client or participant must always do everything that may reasonably be expected of him to safeguard the property rights of the contractor. If third parties seize the goods delivered subject to retention of title or wish to establish or enforce rights to them, the consumer is obliged to immediately inform the Contractor of this.
MH is entitled to use photographic or video recordings of the participant and the client for promotional purposes, to the extent that no strictly confidential information of the participant or client is revealed, unless agreed otherwise in writing. MH will inform the participant and the client of this at all times.
The copyright on the workbooks, brochures, education materials, training materials, powerpoint sheets, manuals, flowcharts, stencils, recordings and any other (written) materials used in the training, hereinafter referred to as ‘materials’, issued by the contractor, is vested in the contractor, unless another copyright owner has been notified of the material. Without the express written consent of the contractor, the client will not publish any information in any form whatsoever from the materials or reproduce it in any way, or use it for his own training, or distribute it in any way whatsoever.
Own models, techniques and instruments used for the execution of the order and included in the advice or research result are and remain the property of the contractor.
Article 5. Use of information and workspace by the Client
In order to ensure that the performance of a service runs smoothly and as far as possible according to a timetable, the client shall provide on time and correctly all documents and information that the contractor needs or that the client should understand the contractor needs. This also applies to the provision and information of employees of the client’s own organisation who may be involved in the activities or training.
If the contractor so requests, the customer shall provide its own workspace at its location free of charge with a data internet connection.
The client shall provide all cooperation, data and information in a timely manner which the contractor deems necessary or useful in order to be able to carry out the assignment successfully.
The client will select participants with care, motivate them and inform them about the content and working method of training or coaching or provide information about matters of an organisational nature.
If the above mentioned items are not sufficiently realized, this can be considered as a form of force majeure and the corresponding provisions of force majeure apply.
Article 6 Confidentiality
The client and contractor shall, even after termination of the agreement, observe confidentiality with regard to all information that has been made available to them by the other party in the context of the conclusion and execution of an assignment and of which the confidential nature has either been indicated or can reasonably be seen.
Discussions, sessions and other contacts that take place in any form between the contractor and the coachee and the client will be considered strictly confidential. The Contractor will therefore not make any announcement to anyone, including the Principal, about the content and course of these contacts, unless the Participant has given its explicit consent.
Article 7 Force majeure and suspension
In the event of force majeure, the Contractor reserves the right to cancel, change, move (to time and location) or suspend assignments until the circumstances resulting from the force majeure no longer occur.
If a case of force majeure occurs, MH is obliged to inform the client or participant as soon as possible. MH will endeavour to continue and complete the workshop, class, training, coaching or assignment or to continue or complete the training or assignment at a later date.
The Contractor is not obliged to fulfil any obligation towards the Principal or participant after the conclusion of an agreement if it is prevented from doing so as a result of a circumstance that cannot be attributed to fault, or force majeure, for example during a training course or coaching process itself decide to stop.
In the event of force majeure, MH has the right to suspend or dissolve the agreement without judicial intervention and without being liable for damages. If the dissolution is attributable to the client or participant, the contractor is entitled to compensation of the damage, including costs, time, caused directly or indirectly.
In the event that it is established that the force majeure is of a permanent nature, each of the parties is entitled to dissolve the agreement and the contractor will refund the invoice amount, unless this dissolution takes place after the assignment has been postponed at the request of the client, in which case no refund will be made.
In addition to the statutory interpretation and the interpretation in Dutch case law, force majeure will be understood in these conditions as an external cause (foreseen or unforeseen) over which MH has no influence and as a result of which fulfilment of MH cannot reasonably be required.
If it is not possible to continue or complete the workshop, class, training or coaching, both parties may terminate the contract. Invoices that have already been paid will be refunded in proportion to the number of sessions taken. MH may invoice the part of the work performed at the time of the dissolution in proportion to the agreed price. The Contracted Party will be entitled to claim payment for the work performed in the performance of the relevant Agreement before the circumstance preventing performance arose.
Article 8 Conditions for payment
All purchases of products and services are subject to an obligation to pay in advance of the training. Payment must be made within 14 days of the invoice date, in a manner to be indicated by the contractor. Payment will be made without deduction, set-off or suspension for any reason whatsoever.
The client or participant must pay the full amount of the product or service in one go, unless payment in instalments has been agreed or an exception has been made. Staggered payments shall be subject to a full payment obligation. In the event of registration in the period just prior to a Service, the invoice must be paid before the Service commences. If the invoice amount is not paid in full within this period, the client or participant shall be in default by operation of law, unless otherwise agreed in writing.
Refunds are only possible for workshops, classes, training courses and coaching programmes that have not yet started. The participant has the right to cancel participation in a service by (registered) letter or by e-mail confirmed by the contractor, within 14 working days after registration via registration form or order agreement. No refund is possible at the start of the service.
The other party shall be in default if it fails to pay the invoices within the term stated on them or if it fails to respond to payment reminders or reminders from MH. MH will be entitled to charge reminder and/or collection costs.
Payment in respect of training for companies and organisations must be made within 14 days of the invoice date, unless otherwise agreed.
If the Client remains in default of timely payment of an invoice, the Client will be in default by operation of law and the Contractor may assign the claim for collection. The related costs, both judicial and extrajudicial, shall be for the account of the client.
Article 9. Dissolution and premature termination of the agreement
The contractor is entitled to dissolve the fulfilment of the obligations if the client or participant fails to fulfil the obligations arising from the agreement, or fails to do so in full or on time, after the agreement has been concluded.
Furthermore, the contractor is entitled to dissolve the agreement if circumstances arise of such a nature that fulfilment of the agreement is impossible, is dangerous or can cause damage, or if other circumstances arise of such a nature that unaltered maintenance of the agreement cannot reasonably be required.
If the contractor proceeds to dissolve the agreement, it will not be obliged in any way to compensate any damage or costs that may arise as a result.
If, in the event of bankruptcy, suspension of payments, liquidation, termination of business operations, transfer of business ownership or in the event of the participant or client being placed under management, administration or guardianship, under guardianship, the contractor has the right to terminate the performance of the agreement in whole or in part without further notice of default and without judicial intervention.
If the customer or participant stops the service during the service, no refund will be made.
In the event of cancellation of part of a service by the client or participant, the client or participant remains liable for the full tuition fee for the service, even if the service is paid for in instalments.
In the event of prevention or non-participation or force majeure on the part of the client or participant in a service, the client and participant shall remain liable for the full tuition fee.
In the event of serious force majeure or circumstances of the client or participant, the training can be followed at a later date, in consultation with MH. In the event that a client or participant is unable to attend a service, a substitute may be allowed to take the place with the permission of MH, provided the substitute meets the registration conditions of the service.10 If the service has started, replacement is only possible at the beginning of the service.
MH reserves the right to cancel the service without giving any reason. In this case, the amount paid shall be refunded to the contractor.
Article 10. Liability and Indemnification
The application of the tools provided by the contractor to the client or participant is entirely the responsibility of the client. The Contractor is not responsible for damage in any form whatsoever that occurs during or after the training or coaching or purchase of a product. The client or participant is and always will be responsible for his/her own health.
The client is aware that training, coaching or the purchase of a product are intended for people who are mentally healthy and want to follow a training course in which they can gain new insights. These are not people with psychiatric conditions that can prevent sudden attacks or other serious negative reactions. The sponsor should state in advance whether he/she has a psychiatric diagnosis according to DSM-IV. MH is never responsible for damage of any kind.
In the event that the Contractor is liable, this liability will be limited to the provisions of this provision.
The Contracted Party will never be liable for consequential damage.
The Contractor cannot in any way be held liable for what the Principal does with the knowledge gained or the product after the workshop, class, training, coaching or purchase of a product.
The principal is held liable if he/she hands over the content of the teaching material to third parties or uses it for his/her own business without the contractor’s permission.
The Contractor shall exercise due care when engaging third parties not working in its organisation (such as consultants, experts or service providers).
The Contractor is not liable for serious shortcomings towards the Principal or participant or for any errors or shortcomings of these third parties. The Client is obliged to hold the third parties engaged liable and to recover any damage suffered from these third parties.
The client indemnifies the contractor or participant against all claims (such as damages and legal claims) of third parties related to the execution of the agreement between the client or participant and the contractor, unless it concerns claims to consequences of serious shortcomings of the contractor.
If MH could be held liable, this can only be done up to a maximum of twice the invoice value of the order, unless it concerns liability for a part of the order.
MH will not be liable for indirect damage, such as consequential damage, trading loss, loss of profit, damage due to business stagnation and/or other forms of indirect damage, except in the case of wilful intent or gross negligence, and MH will not be liable for damage caused by or to third parties.
MH is not liable for damage suffered by the trainer as a result of medical or psychosocial advice or advice of another nature.
Article 11. Rights and obligations of the General Assembly
MH has an obligation to perform the agreement with due care and to the best of its knowledge and ability.
Where applicable, MH will ensure that there is a suitable teaching room, teaching materials, learning environment and authorised trainers.
MH has the right to have work carried out for a service by third parties, trainers with equivalent qualifications.
Information provided by the client or participant will be treated confidentially by the contractor, its personnel and/or persons working for it. The entrepreneur complies with the applicable privacy legislation.
The Contractor has the right to exclude a participant in a training course or workshop from (further) participation if the Contractor is of the opinion that the circumstances justify this decision. Circumstances may include, but are not limited to: aggressiveness, psychiatric diagnosis not named, or deviant behavior of participant.
MH is entitled to use the data of the client or participant for the transmission of teaching material in the learning environment, the newsletter, mail or app messages, information about services or other information. The customer or participant can automatically unsubscribe from every mailing at any time.
Article 12. Rights and obligations of the client or participant
The client or participant must sign out at least 5 hours in advance if there must be a case of force majeure. You can unsubscribe via an app or mail.
The Principal or participant shall ensure that the necessary information as stated on the registration form is provided in good time. If additional costs have to be incurred as a result of the delay, MH may recover these costs from the client or participant.
The client or participant is obliged to inform us of any changes in contact details in a timely manner.
The participant is obliged to behave properly during meetings, i.e. not to engage in physical aggression or serious intimidation.
If a client or participant does not comply with the requirements, access to the service may be refused.
Changes to already planned sessions or appointments during a process for individual coaching or group coaching can be made free of charge up to 24 hours before the start of the agreed time.
In the event of a change less than 24 hours prior to the session, 100% of the amount for this session will be charged.
The Principal and the Participant are both obliged to treat confidential information they have obtained from each other with care.
Copyright of all material used by MH is the property of MH, unless explicitly stated otherwise in the material.
Article 13. Applicable law and disputes
All legal relationships to which MH is a party are governed exclusively by Dutch law, even if an obligation is performed abroad in whole or in part or if the party involved in the legal relationship is domiciled there.
The court in the place of establishment of the User shall have exclusive jurisdiction to hear any disputes. Nevertheless, the Entrepreneur shall have the right to submit the dispute to the competent court according to the law.
Parties shall only appeal to the court after they have made every effort to settle a dispute in mutual consultation.
MH may amend these general terms and conditions. Announcements of new general terms and conditions shall be made by sending them to the client or participant.
Article 14. Questions and complaints
The Contracted Party will have a complaints procedure that applies to all services and products provided to clients or participants.
The most recently filed version of the general terms and conditions or the version that applied at the time of the conclusion of the commission agreement shall always apply.
Questions of an administrative nature and questions about the content of the service will be answered by the client within a period of 7 working days, calculated from the date of receipt. Letters that require a foreseeable longer processing time will be answered by the client with a message of receipt and an indication proposal.
Complaints about the implementation of the agreement must be described in a timely, complete and clear manner.
Complaints are resolved in dialogue. If the complaint cannot be resolved in dialogue, a dispute will arise that is subject to the dispute settlement procedure of Article 13.
General Data Protection Regulation
I protect personal data on the basis of the GDPR and request permission to retain data on a consent form.
I do not collect more data than is necessary for the purpose of processing.
I do not store data for longer than necessary.