Established on February 1, 2021.
General Conditions Kim Heilijgers located in Veldhoven.
General Terms and Conditions for users and customers of Kim Heilijgers.
All information that Kim Heilijgers communicates via the website and via other electronic means such as email as well as all software and tools and references to other sites or products that are discussed are to be used at your own risk.
Kim Heilijgers does not in any way guarantee the correctness or completeness of the information on the website and / or in other electronic communication such as e-mails, and therefore does not accept any liability for damage, of whatever nature, that is the result. actions and / or decisions based on said information.
Kim Heilijgers can also not be held liable for any damage caused to your PC, both hardware and software, or other material and non-material damage that could result from the use of this website or other online tools.
Article 1 Definitions
Article 2 General
Article 3 Offers
Article 4 Provision of information and cooperation
Article 5 Execution of the assignment and involvement of third parties
Article 6 Changes to the assignment, additional work
Article 7 Contract duration; implementation period
Article 8 Rates
Article 9 Payment conditions
Article 10 Retention of title
Article 11 Investigation, complaints and complaints
Article 12 Termination
Article 13 Suspension and termination
Article 14 Return of items made available.
Article 15 Liability
Article 16 Indemnities
Article 17 Force majeure
Article 18 Confidentiality
Article 19 Intellectual property and copyrights.
Article 20 Disputes
Article 21 Applicable law
Article 22 Amendments
Article 23 Remote services
ARTICLE 1 – DEFINITIONS
In these general terms and conditions, the following terms are used with the additional meaning, unless stated otherwise.
- Contractor: Kim Heilijgers
- Client: * (the contractor’s counterparty)
- Assignment: * (the activities to be determined in mutual consultation between the client and the contractor that must be performed by the contractor and the conditions under which this must be done)
ARTICLE 2 – GENERAL
- The general terms and conditions apply to all offers, quotations, work, assignments and agreements between the contractor and client (s) to which the contractor has declared these terms and conditions applicable, insofar as these terms and conditions have not been deviated from in writing.
- These terms and conditions also apply to assignments with the contractor involving third parties.
- If one or more of the provisions in these general terms and conditions lapse, the other provisions of these general terms and conditions will continue to apply. In that case, the parties will consult to agree on replacement provisions, based as far as possible on the purpose and purport of the original provision.
ARTICLE 3 – QUOTES
- Quotations from the contractor are based on the information provided by the client. The client guarantees that to the best of its knowledge it has provided all information essential for the design, execution and completion of the assignment. The offers made by the contractor are without obligation and valid for 30 days, unless stated otherwise. The contractor is only bound by the offers if their acceptance is confirmed in writing by the other party within 30 days, unless indicated otherwise.
- The prices in the quotations mentioned are exclusive of VAT, other government levies and other costs incurred for the assignment, such as shipping and handling costs, unless stated otherwise.
- If the acceptance deviates (on minor points) from the offer included in the quotation, the contractor is not bound by it. The assignment will then not be concluded in accordance with this deviating acceptance, unless the contractor indicates otherwise.
- A composite quotation does not oblige the contractor to perform part of the assignment against a corresponding part of the stated price.
- Offers do not automatically apply to future assignments.
ARTICLE 4 – PROVISION OF INFORMATION AND COOPERATION
The client will provide the contractor with all documents, information and contacts that are necessary for the proper execution of the assignment in a timely manner.
ARTICLE 5 – PERFORMANCE OF THE ASSIGNMENT AND INVOLVEMENT OF THIRD PARTIES
- The Contractor will perform the activities within the framework of the assignment, to the best of its knowledge, expertise and ability.
- Insofar as it is necessary for the proper execution of the assignment, the contractor has the right to have (parts of) the work carried out by third parties. He does this in consultation with the client and will do his utmost to achieve the agreed obligations and quality.
- The contractor does not accept any liability for the work performed by third parties, insofar as they themselves have entered into an agreement with the client.
- The Contractor is not liable for damage that has arisen because he relied on incorrect and / or incomplete information provided by the Client, unless the inaccuracy or incompleteness of the information should have been known to him.
- If it has been agreed that the assignment will be carried out in phases, the contractor may suspend the execution of those parts that belong to a subsequent phase until the client has approved the results of the preceding phase in writing.
- If work is carried out for the assignment by the contractor or third parties engaged by the contractor at the location of the client or a location designated by the client, the client shall provide the facilities reasonably desired by those employees free of charge.
ARTICLE 6 – CHANGES TO THE ASSIGNMENT, ADDITIONAL WORK
- The Client accepts that the time schedule of the assignment can be influenced if the parties decide in the interim to change the approach, method or scope of the assignment and the resulting activities. If interim changes arise in the performance of the assignment by the client, the contractor will make the necessary adjustments on the instructions of the client. If this leads to additional work, he will charge this as an additional assignment to the client. The contractor may charge the additional costs for changing the assignment to the client.
- Contrary to paragraph 1, the contractor will not charge additional costs if the change or supplement to the assignment is the result of circumstances attributable to the contractor.
ARTICLE 7 – CONTRACT DURATION; PERFORMANCE TIME
- Parties enter into the assignment for a definite period of time, this will be agreed in writing.
- If a term has been agreed within the term of the assignment for the completion of certain activities, this is not a strict deadline. If the implementation period is exceeded, the client must therefore give the contractor written notice of default.
ARTICLE 8 – RATES
- If the parties have not agreed otherwise in writing, the contractor will determine its rate according to its standard rate.
- The contractor’s rate includes the costs of secretarial work and telephone costs. He declares travel and any accommodation expenses according to agreements in the quotation.
- Amounts are exclusive of VAT.
- If the Contractor agrees an hourly rate with the Client, the Contractor is nevertheless entitled to increase this rate without the Client in that case being entitled to dissolve the agreement for that reason, if the increase in the price arises from an authority or obligation under the law or regulations or their cause is caused by an increase in the price of raw materials, wages, etc. or on other grounds that were not reasonably foreseeable at the time the agreement was entered into.
- The Contractor may – without prior written notification – increase the rate agreed in the quotation as of 1 January of each calendar year by a maximum of the percentage of inflation in the previous year provided by Statistics Netherlands. In the event of a price increase outside inflation, the contractor may also increase the prices. Client may cancel the assignment with an annual increase of more than 10%. He is not allowed to do this if the increase results from the law.
- The contractor will inform the client in writing of its plans for increasing the rate, including the amount and the effective date.
- If the client does not agree with the increase of more than 10% planned by the contractor, he can cancel the assignment in writing within two weeks after notification, per the starting date of the increase stated in the notification from the contractor.
ARTICLE 9 – PAYMENT TERMS
- Payment must be made within 14 days of the invoice date, unless otherwise agreed.
- For amounts above € 150, we can ask for a down payment of 30%.
- Payment takes place by means of a transfer to a bank account designated by Kim Heilijgers, unless otherwise agreed.
- Payment is made monthly.
- After the due date of the third payment reminder, the client will be in default by operation of law and the contractor will be entitled to charge the statutory interest. The client calculates the interest on the amount to be paid from the moment that the client is in default until the amount has been paid in full. The costs of a reminder, demand and summation amount to € 100.00 each time and are for the account of the client. This only applies after sending the third payment reminder.
- The Contractor has the right to have the payments made by the Client stretch in the first place to reduce the costs, then to reduce the interest that has become due and finally to reduce the principal sum and the current interest. The Contractor can, without being in default as a result, refuse an offer for payment if the Client indicates a different order for the allocation of the payment. The contractor can refuse full payment of the principal sum, if the vacant and accrued interest and collection costs are not also paid.
- In the event of liquidation, bankruptcy, seizure or suspension of payment of the client, the claims of the contractor on the client are immediately due and payable.
- If the client does not fulfill the obligations, all costs incurred in order to be able to make a claim are for the client, both judicial and extrajudicial.
ARTICLE 10 – RESERVATION OF OWNERSHIP
- All goods delivered by the contractor, such as designs, sketches, drawings, films, software and (electronic) files, remain the property of the contractor until the client has fulfilled all its obligations.
- The client is not authorized to pledge or otherwise encumber the goods subject to retention of title.
- If third parties impose an attachment on the goods delivered under retention of title or if they wish to establish or assert rights thereon, the client must inform the contractor of this as soon as can be expected of him.
ARTICLE 11 – INVESTIGATION, CLAIMS AND COMPLAINTS
- Complaints about the work performed must be reported by the client to the contractor in writing within two weeks of the invoice date and no later than three weeks after completion of the work in question. The notice of default must contain a description of the shortcoming that is as detailed as possible, so that the contractor can respond adequately.
- If a complaint is justified, the contractor will still perform the work as agreed, unless this has become demonstrably pointless. The latter must be made known by the client in writing.
- If the performance of the agreed work is no longer possible or useful, the contractor is liable, within the limits of article 15.
ARTICLE 12 – TERMINATION
If the agreement is terminated prematurely by the Contractor, the Contractor will, in consultation with the Client, arrange for the transfer of work still to be performed to third parties. This unless the cancellation is attributable to the Client. If the transfer of the work entails additional costs for the Contractor, these will be charged to the Client. The Client is obliged to pay these costs within the specified period, unless the Contractor indicates otherwise.
ARTICLE 13 – SUSPENSION AND DISSOLUTION
- The Contractor is authorized to suspend the fulfillment of the obligations or to dissolve the agreement, if the Client does not, not fully or not timely fulfill the obligations under the agreement, circumstances that have become aware of the Contractor after the conclusion of the agreement give the Contractor good grounds. to fear that the Client will not fulfill its obligations, if the Client was requested to furnish security 9 for the fulfillment of its obligations under the agreement when concluding the agreement and this security is not provided or is insufficient or if, due to the delay, the side of the
- The Client can no longer be expected of the Contractor to fulfill the agreement under the originally agreed conditions.
- Furthermore, the Contractor is authorized to dissolve the agreement if circumstances arise of such a nature that fulfillment of the agreement is impossible or if circumstances otherwise arise that are of such a nature that the unaltered maintenance of the agreement cannot reasonably be assumed by the Contractor. are required. If the agreement is dissolved, the claims of the Contractor on the Client are immediately due and payable. If the Contractor suspends fulfillment of the obligations, it will retain its rights under the law and agreement.
- If the Contractor proceeds to suspension or dissolution, it is in no way whatsoever obliged to pay compensation for damage and costs arising in any way.
- If the dissolution is attributable to the Client, the Contractor is entitled to compensation for the damage, including the costs, caused directly and indirectly.
- If the Client does not fulfill his obligations arising from the agreement and this non-compliance justifies termination, the Contractor is entitled to immediately and with immediate effect to dissolve the agreement without any obligation on its part to pay any compensation or compensation, while the Client, on account of breach of contract, is obliged to pay compensation or compensation.
ARTICLE 14 – RETURN OF ITEMS MADE AVAILABLE
- If the contractor has made items available to the client during the execution of the order, the client must return the delivered goods at his written request within 14 days in their original condition, free of defects and in full. If the client does not fulfill this obligation, all resulting costs will be for his account.
- If the client still defaults after receiving a reminder, the contractor may recover the resulting damage and costs, including the costs of replacement.
ARTICLE 15 – LIABILITY
- For accepted assignments the contractor has a best-efforts obligation. If the Contractor should be liable, this liability is limited to what is regulated in this provision.
- The Contractor is not liable for damage, of whatever nature, arising because the Contractor has relied on incorrect and / or incomplete information provided by or on behalf of the Client.
- Contractor is only liable for direct damage. Indirect damage is exclusively understood to mean the reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions, any reasonable costs incurred for the Contractor’s defective performance of the agreement. answered, insofar as these can be attributed to the Contractor and reasonable costs incurred to prevent or limit damage, insofar as the Client demonstrates that these costs have led to a limitation of direct damage as referred to in these general terms and conditions. The Contractor is never liable for indirect damage, including consequential damage, lost profit, missed savings and damage due to business interruption.
- If the contractor is liable for direct damage, this liability is limited to a maximum of the invoice amount and in any case the amount of the payment to be made by the contractor’s insurer in the appropriate case.
- The limitations of liability referred to in this article do not apply if the damage is due to intent or gross negligence on the part of the contractor or his supervisor subordinates.
ARTICLE 16 – INDEMNIFICATIONS
The Client indemnifies the Contractor against claims from third parties who suffer damage in connection with the performance of the agreement and the cause of which is attributable to others than the Contractor. If the Contractor is sued by third parties on that basis, the Client is obliged to assist the Contractor both in and out of court and to do everything that may be expected of him in that case without delay. Should the Client fail to take adequate measures, the Contractor is entitled to do so himself without notice of default. All costs and damage on the part of the Contractor and third parties that arise as a result, are fully for the account and risk of the Client.
ARTICLE 17 – FORCE MAJEURE
- The parties do not have to comply with an obligation if they are hindered by circumstances that cannot be attributed to fault, and – according to the law – even if they are responsible for a legal act or generally accepted beliefs.
- Force majeure is understood to mean – in addition to what is understood by law and case law – all external causes, foreseen or unforeseen, on which the contractor cannot exert influence, but as a result of which it is unable to fulfill its obligations. Work strikes in the company of the contractor, illness and / or incapacity for work are also included.
- The Contractor also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after he should have fulfilled his obligations.
- If the Contractor has already partially fulfilled his obligations at the time of force majeure or will he be able to fulfill them, he may declare this part. The Client will then pay this invoice as if it were a separate assignment.
ARTICLE 18 – CONFIDENTIALITY
- Both parties are obliged to keep confidential information they received for the assignment secret. Information is considered confidential if this is indicated by the other party or if this is apparent from the (type of) information.
- According to a statutory provision or a court order, the contractor must provide confidential information to third parties designated by law or the competent court and cannot invoke a legal or authorized right of refusal that is recognized or permitted by the competent court then he is not obliged to pay compensation or compensation and the other party is not entitled to dissolve the assignment on the basis of the damage that has arisen as a result.
ARTICLE 19 – INTELLECTUAL PROPERTY AND COPYRIGHTS
The Contractor reserves the rights and powers that accrue to him under the Copyright Act and other intellectual laws and regulations. The Contractor has the right to use the knowledge gained through the performance of an agreement for other purposes, insofar as no strictly confidential information of the Client is disclosed to third parties.
ARTICLE 20 – DISPUTES
- In all cases not covered by these general terms and conditions, the Social Media Coach and the customer decide in mutual consultation.
- If it proves impossible to resolve such a dispute in mutual consultation, the dispute will be settled by the competent court.
ARTICLE 21 – APPLICABLE LAW
Dutch law applies to every assignment between the contractor and the client. Even if an obligation is fully or partially performed abroad or when the client lives or is established abroad.
ARTICLE 22 – AMENDMENTS
The latest version or the version that applied at the time the assignment was concluded is always the applicable version.
ARTICLE 23 – REMOTE SERVICES
This provision only applies to the Client in the capacity of Consumer.
In the event of Remote Services, Kim Heilijgers has the right to oblige the Client to pay up to 50% of the rate in advance.
In the event of Remote Services, the Client has the right to revoke the Agreement for 14 days after the conclusion of the Agreement, without stating reasons.
If Kim Heilijgers has not complied with its obligation to provide information or has not provided information in the correct form, the Client has the right to dissolve the Agreement for 1 year after the conclusion of the Agreement, without stating reasons. If Kim Heilijgers still complies with the obligation to provide information within 1 year, the period of 14 days starts to run the day after he has complied with that obligation.
The Client can revoke the Agreement via the standard withdrawal form placed by Kim Heilijgers or in a manner chosen by the Client.
The right of withdrawal lapses when the Service has been fully performed. In addition, the right of withdrawal lapses if Kim Heilijgers has started the execution of the Service with the explicit prior consent of the Client and if the Client has acknowledged that he will lose his right of withdrawal as soon as Kim Heilijgers has fully performed the Service.
If the Client has made use of his right of withdrawal, Kim Heilijgers will refund the full amount paid, including the paid shipping costs, no later than 14 days after the dissolution of the Agreement.
The provisions of this article do not apply if the Agreement relates to:
- Real estate
- Financial services
- Services concerning accommodation, transport, catering establishment
- Services that are performed on a specific date or during a specific period
- Newspapers and magazines, including newsletters and quick notifications
- Products and / or Services whose price is dependent on fluctuations in the financial market over which Kim Heilijgers has no influence and which occur within the withdrawal period
- Sealed Products of which the Client has broken the seal
- Hygienic Products of which the Client has broken the seal
- Products and / or Services that are already delivered within the cooling-off period with the consent of the Client
- Products and / or Services that cannot be returned due to their nature
- Products and / or Services that can spoil or become obsolete quickly
- Products and / or Services of a personal nature
- Products and / or Services tailor-made.