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1. Definitions
In these general terms and conditions, the terms below shall have the following
meanings:
a. Heart Matters Coaching: Heart Matters Coaching of Oegstgeest, listed in the trade
register of the Chamber of Commerce under number 08153988
b. Client: Any natural or legal person that contracts Heart Matters Coaching to
perform Services and/or supply Products.
c. Services: All services performed by Heart Matters Coaching, such as coaching,
training, consultancy and other forms of counselling, holding lectures and workshops,
all in the broadest sense, including the provision of Services through Skype or Zoom,
as well as the performance of any other work carried out by the Client in the context
of the contract, including activities that are not performed at the Client’s express
request.
d. Products: All goods delivered to the Client by Heart Matter Coaching.
e. Agreement: Any arrangement between the Client and Heart Matters Coaching
regarding the performance of Services and/or the supply of Products.
f. Participant: Any natural person other than the Client participating in a Programme,
lecture or workshop.
g. Programme: A coaching, training, consultancy or counselling programme.
2.1 These general terms and conditions apply to all quotes and Agreements for the
performance of Services and/or supply of Products by Heart Matters Coaching. Any
deviations from these general terms and conditions shall only be valid if they are
expressly agreed in writing.
2.2 Any purchase conditions or other general terms and conditions of the Client shall
not apply, unless Heart Matters Coaching has expressly accepted the same in
writing.
2.3 If any provision of these general terms and conditions is invalid or unenforceable,
the other provisions of these general terms and conditions shall remain in full effect.
Moreover, any such invalid or unenforceable provision shall be converted into a
provision that, to the maximum extent possible, has the same effect.
2.4 These general terms and conditions shall also apply to any additional orders and
follow-up orders from the Client.
2.5 These general terms and conditions comprise a general section and special
sections on the performance of Services and the supply of Products.
3.1 The Agreement shall take effect when the Client accepts a quote from Heart
Matters Coaching in writing, when Heart Matters Coaching confirms a verbal order
from the Client or when the Client places an order in the web shop of the Heart
Matters Coaching website after Heart Matters Coaching has confirmed this order by
email.
3.2 All quotes issued by Heart Matters Coaching shall be free of obligation and valid
for three months, unless expressly stated otherwise.
4.1 All prices stated on the Heart Matters Coaching website include turnover tax
(VAT) but do not include shipping. The prices are stated in euros.
4.2 Heart Matters Coaching’s fee consists of the rates it charges for any Services
offered or agreed upon. The rates are stated on the Heart Matters Coaching website.
Heart Matters Coaching shall be entitled to change any agreed rates from time to
time.
4.3 Invoicing and payment for the agreed Services and the supply of Products shall
take place through the Heart Matters Coaching website prior to the performance of
the Services and the supply of the Products.
4.4 If, notwithstanding the provision under 4.3., the Client is invoiced and does not
pay within the payment term stated on the invoice or by the agreed date, the Client
shall be in default by operation of law without any further notice of default being
required. Heart Matters Coaching shall be entitled to suspend the (further) fulfilment
of the Agreement or to terminate the Agreement with immediate effect without judicial
intervention.
4.5 From the moment the Client is in default, the Client shall owe Heart Matters
Coaching 5% interest per year on the outstanding amount and 15% collection
charges on the outstanding amount for any collection measures taken by Heart
Matters Coaching.
5.1 The offers on the website www.circlesofenergy.com have been compiled with the
utmost care. Heart Matters Coaching endeavours to ensure that the information is
complete and accurate. Manifest misspellings and/or errors in images, drawings,
descriptions, specifications of sizes or weight, prices or other indications that Heart
Matters Coaching provides on the website shall not be binding on Heart Matters
Coaching.
Any offer shall at least state:
• the key features of the Products and/or Services;
• the price including VAT;
• the delivery costs;
• the methods of payment, delivery and fulfilment of the agreement;
• the option of termination and returning Products;
• any details regarding the warranty on the Products and regarding the Services;
• the term of validity of the offer.
The information referred to under a. through f. shall also be stated in the electronic
order confirmation.
5.2 Heart Matters Coaching reserves at all times the right to refuse or reverse an
order placed without stating reasons. Heart Matters Coaching shall notify the Client
as soon as possible of the refusal or reversal in question. If Heart Matters Coaching
decides to refuse or reverse an order placed, Heart Matters Coaching shall not be
obliged in any way to pay the Client any compensation.
6.1 Heart Matters Coaching shall accept no liability whatsoever towards the Client
and/or Participant for any loss or damage arising from or in connection with the
Services performed and/or Products supplied.
6.2 If any loss or damage is caused in relation to people or goods by or in connection
with the performance of Services and/or supply of Products by Heart Matters
Coaching or otherwise for which Heart Matters Coaching is liable, that liability shall
be limited to the amount paid out under the general (professional) liability insurance
policy taken out by Heart Matters Coaching, including Heart Matters Coaching’s
excess under the policy.
6.3 If and insofar as the loss or damage for which Heart Matters Coaching is liable is
not paid out under the policy referred to under 6.2, Heart Matters Coaching’s liability
shall be limited to the invoice value of the Agreement, at least to that portion of the
Agreement to which the liability relates.
6.4 Heart Matters Coaching expressly accepts no liability for any operating losses or
any other indirect or consequential loss or damage of any nature whatsoever.
6.5 If the Client and/or a Participant do/does not bring a legal action against Heart
Matters Coaching within one year of discovering the loss or damage, their right to do
so shall lapse.
7.1 All intellectual property rights relating to the publications, materials, software, etc.
used by Heart Matters Coaching or issued to the Client or a Participant by Heart
Matters Coaching under the Agreement or to any Products supplied to the Client by
Heart Matters Coaching rest solely with Heart Matters Coaching or its licensors. The
Client and/or Participant may only use the same for the purposes of the Agreement.
7.2 Heart Matters Coaching shall be entitled to use any knowledge acquired in the
fulfilment of the Agreement for other purposes, subject to the provisions of Articles
11.2 and 11.3.
8.1 All personal details that the Client provides to Heart Matters Coaching in
connection with any Services and/or Products that Heart Matters Coaching offers,
performs and/or supplies shall be used solely for the purpose of performing Services
and/or supplying Products and shall not be made available to third parties, except as
necessary to handle complaints or provide service.
9.1 The legal relationship between the Client and Heart Matters Coaching shall be
governed by Netherlands law, to the exclusion of the Vienna Sales Convention.
9.2 Any disputes that cannot be resolved in mutual consultation shall be brought
before the competent court in the municipality where Heart Matters Coaching is
domiciled, except if Heart Matters Coaching, as claimant or applicant, opts for the
competent court in the municipality where the Client resides or is domiciled.
SPECIAL TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES
10.1 Heart Matters Coaching shall fulfil the Agreement with due care. An Agreement
shall create an obligation for Heart Matters Coaching to perform and to fulfil the
Agreement to the best of its knowledge and its ability.
10.2 If required for the proper fulfilment of the Agreement, Heart Matters Coaching
may have certain activities carried out by third parties, subject to prior consultation
with the Client.
10.3 The Client shall ensure that all information that Heart Matters Coaching states is
necessary for the fulfilment of the Agreement shall be issued to Heart Matters
Coaching in full and in good time. If this is not done, Heart Matters Coaching shall be
entitled to suspend the fulfilment of the Agreement and/or charge the Client for the
associated costs.
11.1 The Client shall be authorised to cancel the Agreement subject to the following:
• if an appointment for a one-time session is cancelled within 24 hours prior to
commencement, the Client shall owe 100% of the cost;
• if any agreed Programme is cancelled more than two weeks before
commencement, the Client shall owe 50% of the cost associated with the
cancelled Programme, and if the Client cancels within two weeks of
commencement, the Client shall owe 100% of the cost of the cancelled
Programme;
• if any agreed lecture or workshop is cancelled more than four weeks before
commencement, the Client shall owe 50% of the cost associated with the
cancelled lecture or workshop, and if the Client cancels within four weeks of
commencement, the Client shall owe 100% of the cost of the cancelled lecture or
workshop.
11.2 The Client shall owe 100% of the agreed cost of a one-time session,
Programme, lecture or workshop if, also without cancelling, the Client does not make
use of the agreed services of Heart Matters Coaching.
11.3 Heart Matters Coaching shall be entitled to cancel the Services agreed or
refuse, whether or not in the interim, the participation of a Client or Participant without
stating reasons. If the Services have not yet commenced, the entire amount already
paid to Heart Matters Coaching shall be refunded to the Client. If the Services have
already commenced, any amount already paid for the Services yet to be performed
shall be refunded to the Client.
11.4 Heart Matters Coaching shall be entitled to cancel the Agreement with
immediate effect without judicial intervention by means of a written notice of
termination to the Client, if any obligation of the Client under the Agreement is not
fulfilled within 14 days after written notice of default.
12.1 Subject to any statutory obligation or duty of disclosure, Heart Matters Coaching
shall be obliged to maintain confidentiality towards third parties with regard to all
confidential information that it has received from the Client or Participant in
connection with the fulfilment of the Agreement. Information shall be confidential if
this follows from the nature of the information or if the Client or Participant has
notified Heart Matters Coaching thereof.
12.2 The content and development of contacts in any form whatsoever between
Heart Matters Coaching and the Participant shall be regarded as strictly confidential.
Heart Matters Coaching shall not disclose any details about this to the Client without
the Participant’s express permission.
13.1 If the Agreement has been concluded via the Heart Matters Coaching website,
the Client, as a consumer, shall have the opportunity to cancel the Agreement
without stating reasons for 14 days after the start of the Agreement, unless the
Services have already been performed within this term with the consent of the Client.
SPECIAL TERMS AND CONDITIONS FOR THE SUPPLY OF PRODUCTS
14.1 Heart Matters Coaching shall endeavour to deliver orders within 7 working days,
but shall in any event deliver within 14 days after the order. If the delivery is delayed
or cannot be made or only partially made, Heart Matters Coaching shall notify the
Client within 14 days after the order. Unless expressly agreed otherwise, an agreed
delivery or completion deadline shall at all times be a target date. Heart Matters
Coaching shall not be in default by merely failing to meet a (delivery) deadline and
this shall not entitle the Client to claim damages, to cancel or terminate the
agreement or to not fulfil any obligation to Heart Matters Coaching.
14.2 The delivery address shall be the address specified by the Client.
15.1 As a consumer, the Client shall have the opportunity to terminate the agreement
without stating reasons for 14 days after receipt of the Products.
15.2 As a consumer, the Client shall return any Products at its own expense and risk.
As a consumer, it shall be up to the Client to prove that the Products have been
presented for return shipment, for example by means of a track & trace code from the
sub post office.
15.3 The Products must be returned in their original condition, without any signs of
use or damage, and in the original, undamaged packaging of Heart Matters
Coaching.
16.1. Immediately on or after delivery, the Client shall be obliged to check whether
the delivery corresponds to the agreement and to examine the goods specifically for
soundness, integrity and completeness.
16.2 If the packaging of any item that the Client receives is damaged, the Client must
not open this packaging but instead notify Heart Matters Coaching immediately.
16.3 If the Client discovers any defects and/or shortcomings during the check
referred to in paragraph 1, the Client must report the same to Heart Matters
Coaching in writing within three days after delivery. If the Client fails to do so within
the period stated in this paragraph, any claims against Heart Matters Coaching in
respect of these shortcomings or defects shall lapse.
16.4 Heart Matters Coaching shall not handle any complaints that have resulted from
use and relate to wear and tear or damage.
16.5 Any complaint the Client may have with regard to the goods delivered by Heart
Matters Coaching must be reported to Heart Matters Coaching by email, after which
the complaint shall be handled within a reasonable period of time.
