GENERAL TERMS AND CONDITIONS Estefanía Cultrera-Elfring
E-mail: origenholistico@outlook.com
Website: https://origenholistico.com/
Definitions
Estefanía Cultrera-Elfring: Origen Holístico, established in Groningen, Netherlands, Chamber of Commerce no. kvk 90330323.
Customer: the party which Estefanía Cultrera-Elfring has agreed with.
Parties: Estefanía Cultrera-Elfring and the customer together.
Consumer: a customer who is an individual acting for private purposes.
Applicability
These terms and conditions will apply to all quotations, offers, activities, orders, agreements, and deliveries of services or products by or on behalf of Estefanía Cultrera-Elfring.
Parties can only deviate from these conditions if explicitly agreed upon in writing.
The parties expressly exclude the applicability of supplementary and deviating general terms and conditions of the customer or third parties.
Prices
All prices used by Estefanía Cultrera-Elfring are in euros, inclusive of VAT, and exclusive of any other costs such as administration costs, levies, and travel, shipping, or transport expenses unless expressly stated otherwise or agreed otherwise.
Estefanía Cultrera-Elfring is entitled to adjust any prices for its products or services, whether shown in its shop, on its website, or otherwise, at any time.
The parties agree on a total price for a service provided by Estefanía Cultrera-Elfring. This is always a target price unless the parties have explicitly agreed upon a fixed price in writing that cannot be deviated from.
Estefanía Cultrera-Elfring is entitled to deviate up to 10% of the target price.
If the target price exceeds 10%, Estefanía Cultrera-Elfring must inform the customer in due time why a higher price is justified.
If the target price exceeds 10%, the customer has the right to cancel the part of the order that exceeds the target price by 10%.
Estefanía Cultrera-Elfring has the right to adjust prices annually.
Estefanía Cultrera-Elfring will communicate price adjustments to the customer before the price increase becomes effective.
The consumer can terminate the contract with Estefanía Cultrera-Elfring if he disagrees with the price increase.
Payments and payment term
Estefanía Cultrera-Elfring is required, after the agreement, to pay the total therapy cost before the second session.
The customer must have paid the total amount within 7 days after delivery.
Payment terms are considered fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without Estefanía Cultrera-Elfring having to send the customer a reminder or put him in default.
Estefanía Cultrera-Elfring reserves the right to condition a delivery on immediate payment or to require adequate security for the total amount of the services or products.
Consequences of late payment
Suppose the customer needs to pay within the agreed term. In that case, Estefanía Cultrera-Elfring is entitled to charge an interest of 2% per month for non-commercial transactions from the day the customer defaults, whereby a part of a month is counted for a whole month.
When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Estefanía Cultrera-Elfring.
The collection costs are calculated based on the Reimbursement for extrajudicial collection costs.
If the customer does not pay on time, Estefanía Cultrera-Elfring may suspend its obligations until the customer has met his payment obligation.
In the event of liquidation, bankruptcy, attachment, or suspension of payment on behalf of the customer, Estefanía Cultrera-Elfring's claims on the customer are immediately due and payable.
If the customer refuses to cooperate with the performance of the agreement by Estefanía Cultrera-Elfring, he is still obliged to pay the agreed price to Estefanía Cultrera-Elfring.
Right of withdrawal
A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
the consumer has not renounced his right of withdrawal
The following are also excluded:
The cooling-off period of 14 days, as referred to in paragraph 1, commences:
If desired, the consumer can notify his right of withdrawal via origenholistico@outlook.com using the withdrawal form that can be downloaded from Estefanía Cultrera-Elfring's website, https://origenholistico.com/.
The consumer is obliged to return the product to Estefanía Cultrera-Elfring within 14 days of being notified of his right of withdrawal, after which the right of withdrawal will lapse.
Suspension of obligations by the customer
The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
Settlement
The customer waives his right to settle any debt to Estefanía Cultrera-Elfring with any claim on Estefanía Cultrera-Elfring.
Insurance
The customer undertakes to insure and keep insured the following items adequately against fire, explosion, and water damage as well as theft:
goods delivered that are necessary for the execution of the underlying agreement
goods being the property of Estefanía Cultrera-Elfring that are present at the premises of the customer
goods that have been delivered under retention of title
At the first request of Estefanía Cultrera-Elfring, the customer provides the policy for these insurances for inspection.
Guarantee
When parties have agreed to the included services, these services only contain best-effort obligations for Estefanía Cultrera-Elfring, not obligations of results.
Performance of the agreement
Estefanía Cultrera-Elfring executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good quality.
Estefanía Cultrera-Elfring has the right to have the agreed services (partially) performed by third parties.
The agreement is executed in mutual consultation, after written agreement and payment of the possibly agreed-upon advance by the customer.
It is the customer's responsibility that Estefanía Cultrera-Elfring can start the implementation of the agreement on time.
If the customer does not ensure that Estefanía Cultrera-Elfring can start implementing the agreement in time, the customer will be charged the resulting additional costs and/or extra hours.
Duty to inform the customer
The customer shall make available to Estefanía Cultrera-Elfring all information, data, and documents relevant to the correct execution of the agreement on time and in the desired format and manner.
The customer guarantees the correctness, completeness, and reliability of the information, data, and documents made available, even if they originate from third parties unless otherwise ensuing from the nature of the agreement.
If and insofar as the customer requests this, Estefanía Cultrera-Elfring will return the relevant documents.
If the customer does not timely and properly provide the information, data, or documents reasonably required by Estefanía Cultrera-Elfring and the execution of the agreement is delayed because of this, the customer will be charged the resulting additional costs and extra hours.
Intellectual property
Estefanía Cultrera-Elfring retains all intellectual property rights (including copyright, patent rights, trademark rights, design and design rights, etc.) on all designs, drawings, writings, data carriers or other information, quotations, images, sketches, models, scale models, etc., unless parties have agreed otherwise in writing.
The customer may not copy or have copied the intellectual property rights without prior written permission from Estefanía Cultrera-Elfring, nor may they show them to third parties, make them available, or use them in any other way.
Confidentiality
The client keeps any information he receives (in whatever form) from Estefanía Cultrera-Elfring confidential.
The same applies to all other information concerning Estefanía Cultrera-Elfring that he knows or can reasonably suspect is secret or confidential or of which it can expect that its disclosure may cause damage to Estefanía Cultrera-Elfring.
The customer takes all necessary measures to ensure that the information referred to in paragraphs 1 and 2 is kept secret.
The obligation of secrecy described in this article does not apply to information:
which was already made public before the customer heard this information or which later became public without being the result of a violation of the customer's duty to confidentiality
which is made public by the customer due to a legal obligation
The confidentiality obligation described in this article applies for the duration of the underlying agreement and for 3 years after its termination.
Penalties
Suppose the customer violates the articles of these general terms and conditions about secrecy or intellectual property. In that case, he forfeits on behalf of Estefanía Cultrera-Elfring an immediately due and payable fine of € 1.000 if the customer is a consumer and € 5.000 if the customer is a company, for each violation and, in addition, an amount of 5% of the aforementioned amount for each day that this violation continues.
No actual damage, prior notice of default, or legal proceedings are required to forfeit the fine referred to in the first paragraph of this article.
The forfeiture of the fine referred to in the first paragraph of this article shall not affect the other rights of Estefanía Cultrera-Elfring, including its right to claim compensation in addition to the fine.
Indemnity
The customer indemnifies Estefanía Cultrera-Elfring against all third-party claims related to the products and services supplied by Estefanía Cultrera-Elfring.
Complaints
The customer must examine a product or service provided by Estefanía Cultrera-Elfring as soon as possible for shortcomings.
If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Estefanía Cultrera-Elfring as soon as possible, but in any case, within one month after the shortcomings are discovered.
Consumers must inform Estefanía Cultrera-Elfring of this within two months of detecting the shortcomings.
The customer gives a detailed description of the shortcomings so that Estefanía Cultrera-Elfring can respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, it can in no case lead to Estefanía Cultrera-Elfring being forced to perform other work than has been agreed.
Giving notice
The customer must provide any notice of default to Estefanía Cultrera-Elfring in writing.
It is the customer's responsibility to ensure that a notice of default actually reaches Estefanía Cultrera-Elfring (in time).
Joint and several Client liabilities
If Estefanía Cultrera-Elfring agrees with several customers, each of them shall be jointly and severally liable
for the total amounts due to Estefanía Cultrera-Elfring under that agreement.
Liability of Estefanía Cultrera-Elfring
Estefanía Cultrera-Elfring is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
If Estefanía Cultrera-Elfring is liable for any damage, it is only liable for direct damages that result from or are related to the execution of an agreement.
Estefanía Cultrera-Elfring is never liable for indirect damages, such as consequential loss, lost profit, lost savings, or damage to third parties.
If Estefanía Cultrera-Elfring is liable, its liability is limited to the amount paid by a closed (professional) liability insurance. In the absence of (full) payment by an insurance company of the damages, the amount of the liability is limited to the (part of the) invoice to which the liability relates.
All images, photos, colors, drawings, and descriptions on the website or in a catalog are only indicative and approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Expiry period
In any case, the customer's right to compensation from Estefanía Cultrera-Elfring expires within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in Article 6:89 of the Dutch Civil Code.
Dissolution
The customer has the right to dissolve the agreement if Estefanía Cultrera-Elfring imputably fails to fulfill his obligations unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
If the fulfillment of the obligations by Estefanía Cultrera-Elfring is not permanent or temporarily impossible, dissolution can only take place after Estefanía Cultrera-Elfring is in default.
Estefanía Cultrera-Elfring has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfill his obligations under the contract or if circumstances give Estefanía Cultrera-Elfring reasonable grounds to fear that the customer will not be able to meet his obligations adequately.
Force majeure
In addition to the provisions of Article 6:75 Dutch Civil Code, a shortcoming of Estefanía Cultrera-Elfring in the fulfillment of any obligation to the customer cannot be attributed to Estefanía Cultrera-Elfring in any situation independent of the will of Estefanía Cultrera-Elfring, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Estefanía Cultrera-Elfring.
The force majeure situation referred to in paragraph 1 is also applicable - but not limited to the state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, couriers or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions, and work stoppages.
If a force majeure situation arises, Estefanía Cultrera-Elfring cannot fulfill one or more obligations towards the customer; these obligations will be suspended until Estefanía Cultrera-Elfring can comply.
Once a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
Estefanía Cultrera-Elfring does not owe any (damage) compensation in a force majeure situation, even if it has obtained any advantages due to the force majeure situation.
Modification of the agreement
If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall adjust the agreement accordingly in a timely manner and in mutual consultation.
Changes in the general terms and conditions
Estefanía Cultrera-Elfring is entitled to amend or supplement these general terms and conditions.
Minor changes can be made at any time.
Significant changes in the content will be discussed by Estefanía Cultrera-Elfring with the customer in advance as much as possible.
Consumers are entitled to cancel the agreement if the general terms and conditions substantially change.
Transfer of rights
The customer cannot transfer its rights deferring from an agreement with Estefanía Cultrera-Elfring to third parties without the prior written consent of Estefanía Cultrera-Elfring.
This provision applies as a clause with a property law effect, as referred to in Section 3:83 (2) of the Dutch Civil Code.
Consequences of nullity or annullability
If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
In that case, a provision that is null or annullable shall be replaced by a provision that comes closest to what Estefanía Cultrera-Elfring had in mind when drafting the conditions on that issue.
Applicable law and competent court
Dutch law is exclusively applicable to all agreements between the parties.
The Dutch court in the district where Estefanía Cultrera-Elfring is established is exclusively competent in any disputes between parties unless the law prescribes otherwise.
Attribution
These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/nl/nl).
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