In the present conditions, Annerieke Kortier Advies is understood to mean Annerieke Kortier Advies, established in Utrecht, with offices at Diamantweg 48, as well as the associated legal or natural persons and associated trade names (Vat op Wijn, de contentshop).
1.1 In these general terms and conditions and the agreements to which they have been declared applicable, the following terms have the following meanings:
Definition of client: the natural person or legal person who wishes to purchase / purchase a certain service or product from Annerieke Kortier Advies and who has signed the agreement (company or private customer).
Definition of student: the person who has been declared by the client as the actual participant in a course / training / custom project / seminar / coaching program.
Definition of services: the services that Annerieke Kortier Advies may or may not sell and deliver online or which are sold and delivered services, such as E-books, (online) courses, etc.
2.1 Changes and additions to any provision in the agreement are only valid if they have been laid down in writing and confirmed by both parties.
2.2 If any provision of these terms and conditions or the agreement for any reason is not valid, the provisions herein remain in force.
2.3 If any provision of the general terms and conditions or the agreement is not valid for any reason, the parties will negotiate the content of a new provision, which provision will be as close as possible to the content of the original provision.
2.4 The term “in writing” also includes e-mail. The electronic system of Annerieke Kortier Advies is deemed to be the only proof of the content and the time of receipt and transmission of the electronic communication concerned.
3. Payment and billing
3.1 Annerieke Kortier Advies sends the client invoices for services and products to be supplied by it or (in case of advance payment).
3.2 The full amount must be in the possession of Annerieke Kortier Advies no later than 14 days after the invoice date.
3.3 The Client must have paid the amounts due, including VAT, no later than on the agreed payment dates or within the agreed payment terms. The Client is not entitled to suspend its payment obligations, even in the event of complaints.
3.4 If payment for the delivery of services or products is to be made in advance, the client cannot assert any right to delivery before full payment of the amount due to Annerieke Kortier Advies has taken place.
3.5 Annerieke Kortier Advies is entitled to send invoices electronically to the email address indicated by the client.
3.6 Payment must be made net on the bank account of Annerieke Kortier Advies, without any discount, deduction or setoff. The value day indicated on the bank statements of Annerieke Kortier Advies is regarded as the day of payment.
3.7 If the client has not paid the full amount due within an agreed payment term or at the latest on an agreed payment date, the client will be in default by operation of law, without any notice of default being necessary.
3.8 All costs of collection of the judicial and extrajudicial costs owed by the client are for the account of the client. This includes the costs of attachment, bankruptcy filing, collection costs, as well as the costs of lawyers, bailiffs and other experts engaged by Annerieke Kortier Advies.
3.9 Unless otherwise stated in writing, the prices quoted by Annerieke Kortier Advies are always exclusive of VAT and other government levies.
3.10 Annerieke Kortier Advies reserves the right for shipping, administration and charge handling fees.
4. Obligations of the participant in the implementation of a course
4.1 The participant must ensure the correct and complete provision of essential information requested by Annerieke Kortier Advice and / or necessary for the training / coaching.
4.2 The participant must, from a positive basic attitude, be cooperative when following training / coaching.
5. Rights of offering regarding the execution of a course
5.1 Annerieke Kortier Advies is entitled:
- to change the content of a course in the interim for reasons of qualitative improvement;
- to determine the group size with regard to the training and coaching sessions in a course;
- change the planning of parts of a course with regard to place or time in the interim;
- determine which teacher / trainer will give a training or coaching, and possibly replace a teacher / trainer in the meantime;
- (interim) refuse the participation of a particular client (participant) for reasons of its own. The client / participant concerned will be notified of this, without Annerieke Kortier Advies being obliged to state reasons, after which their payment obligations will lapse and payments already made (in proportion to services not yet received) will be refunded.
6. Cancellation by / cancellation of and prevention of client (not the participant) in a course
6.1 The client is entitled to cancel participation by it or by a participant and to terminate the agreement regarding participation in a course, with a notice period of 2 weeks.
6.2 Cancellation of participation in a course or cancellation of the agreement must be made by the client by e-mail to firstname.lastname@example.org.
6.3 In the event of cancellation / cancellation by the client, Annerieke Kortier Advies is not obliged to refund pro rata of the amount paid by the client, and the client is obliged to pay Annerieke Kortier Advies any payment terms still due.
7.1 Annerieke Kortier Advies is not liable to the client for any damage resulting from this agreement, unless if and insofar as this damage is due to the intent or deliberate recklessness of Annerieke Kortier Advies.
7.2 If and insofar as any liability would come to rest on Annerieke Kortier Advies, on whatever ground, this is at all times limited to direct damage, and limited to payment under the liability insurance of Annerieke Kortier Advies covers the relevant damage and up to benefits are paid.
7.3 Apart from the cases referred to in Article 7.1, the liability of Annerieke Kortier Advies is in any case limited to the amount charged for the damage-causing performance.
7.4 Any damage to Annerieke Kortier Advies, except for damage that has been recognized by Annerieke Kortier advice, will lapse by the mere lapse of 12 months after the claim arose.
8. Force majeure
8.1 If Annerieke Kortier Advies is prevented from (further) executing the agreement by force majeure of a permanent or temporary nature, irrespective of whether the force majeure was foreseeable, Annerieke Kortier Advies is entitled to terminate the contract in whole or in part by written notification without judicial intervention and without any obligation to pay compensation for the agreement, unabated Annerieke Kortier Advies’s right to payment by the client for services already performed by Annerieke Kortier Advies before there was a force majeure situation, or to further the performance of the agreement in whole or in part.
8.2 Annerieke Kortier Advies will inform the client / participant as soon as possible of the situation of force majeure. If possible, the parties will try to find a solution in consultation. Annerieke Kortier Advies has only a best effort obligation.
8.3 Force majeure includes all circumstances (outside the influence of Annerieke Kortier Advies) whereby Annerieke Kortier Advies is temporarily or permanently unable to meet its obligations, such as illness or death of a teacher / trainer, riot, war, riots, floods, terrorism failures, emergency, electricity failures, and furthermore all circumstances in which Annerieke Kortier Advies cannot reasonably be expected to (further) fulfill its obligations towards the client / participant.
Implementation by third parties
9.1 Annerieke Kortier Advies is entitled to engage third parties for the execution of an agreement.
10.1 Annerieke Kortier Advies will not disclose substantive information that it has received from the client (or participants) in the context of the execution of an agreement, unless otherwise agreed or Annerieke Kortier Advies is obliged to do so on the basis of laws or regulations.
10.2 Client resp. participants are obliged to observe secrecy with regard to all confidential information that they have obtained in the context of the execution of an agreement with regard to a program from Annerieke Kortier Advies or other clients / participants in a program. Information is considered confidential if this has been communicated by Annerieke Kortier Advies / other participants or if this arises from the nature of the information. If in doubt, the information is considered confidential.
Intellectual property rights
11.1 The intellectual property rights regarding courses, training, programs, documents, brochures, handouts, lectures, exercises, offers, expressions on the internet / site of Annerieke Kortier Advies, ezines, e-mails, models, techniques, other documents developed by Annerieke Kortier Advies and information resulting from the activities of Annerieke Kortier Advies and the software used are vested in Annerieke Kortier Advies or its licensors, unless another person entitled to a work has been declared. Reproduction, distribution or sale of these materials is prohibited.
11.2 The intellectual property right and copyright regarding the expressions referred to in Article 14.1 are not transferred on the basis of an agreement, unless agreed otherwise in writing.
11.3 Without prior written permission from Annerieke Kortier Advies it is not permitted to edit, multiply or make public any concept, material or information supplied to it by Annerieke Kortier Advies in whole or in part, through any medium to be made available to third parties. or to make it available to third parties, whether or not for a fee.
11.4 It is not permitted to remove or change any indication of rights from information supplied by Annerieke Kortier Advies.
12.1 Annerieke Kortier Advies treats personal data that it receives under the agreement with the client in strict confidence and in accordance with applicable privacy laws and regulations.
12.2 Annerieke Kortier Advies will include in a customer file the name and address details of the client and the participants in a course designated by it. These are used to execute an agreement and can also be used to keep those involved informed of other services (such as training, events and programs) by Annerieke Kortier Advies.
12.3 Client and participants agree to the use of the relevant data for the purpose described above.
12.4 If a client / participant does not appreciate information about (new) services, he / she can inform Annerieke Kortier Advies at any time and Annerieke Kortier Advies will then stop the provision of information.
Applicable law and competent rights
13.1 Dutch law applies to all agreements concluded by the parties.
13.2 Any disputes in connection with or arising from an agreement will in the first instance be submitted to the competent court in Groningen, without prejudice to Annerieke Kortier Advies’s right to submit a dispute to another court that has jurisdiction according to the law / treaty.