Terms & Conditions

Applicability of general terms and conditions

1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Ellen Rikhye Coaching.
2. Parties can only deviate from these terms and conditions if they have expressly agreed so in writing.
3. The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.

Offers and quotes

1. Offers and quotations from Ellen Rikhye Coaching are without obligation, unless explicitly stated otherwise.
2. An offer or quotation is valid for a maximum of 3 months, unless a different acceptance period is stated in the offer or quotation.
3. If the customer does not accept an offer or quotation within the applicable term, the offer or quotation will lapse.
4. Offers and quotations do not apply to repeat orders, unless the parties have expressly agreed to this in writing.

Acceptance

1. When accepting a quotation or offer without obligation, Ellen Rikhye Coaching reserves the right to withdraw the quotation or offer within 3 days after receipt of the acceptance, without the customer being able to derive any rights from this.
2. Oral acceptance of the customer is only binding for Ellen Rikhye Coaching after the customer has confirmed this in writing (or electronically).

Prices

1. All prices that Ellen Rikhye Coaching uses are in euros, are exclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or otherwise agreed.
2. All prices that Ellen Rikhye Coaching uses for its products or services, on its website or that are otherwise made known, can be changed by Ellen Rikhye Coaching at any time.
3. The price with regard to a service is determined by Ellen Rikhye Coaching on the basis of the hours actually spent.
4. The price is calculated according to the usual hourly rates of Ellen Rikhye Coaching, applicable for the period in which he performs the work, unless a different hourly rate has been agreed.
5. If the parties have agreed on a total amount for a service provided by Ellen Rikhye Coaching, this is always a target price, unless the parties have expressly agreed in writing on a fixed price, which cannot be deviated from.
6. Ellen Rikhye Coaching is entitled to deviate up to 10% from the target price.
7. If the target price is more than 10% higher, Ellen Rikhye Coaching must inform the customer in good time why a higher price is justified.
8. If the target price is more than 10% higher, the customer has the right to cancel the part of the order that exceeds the target price plus 10%.
9. Ellen Rikhye Coaching has the right to adjust the prices annually.
10. Ellen Rikhye Coaching will communicate price adjustments to the customer prior to its commencement.
11. The consumer has the right to cancel the agreement with Ellen Rikhye Coaching if he does not agree with the price increase.

Consequences of not paying on time

1. If the customer does not pay within the agreed term, Ellen Rikhye Coaching is entitled to charge an interest of 1% per month from the day the customer is in default, whereby part of a month is counted as a whole month .
2. If the customer is in default, he also owes extrajudicial collection costs and any compensation to Ellen Rikhye Coaching.
3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
4. If the customer does not pay on time, Ellen Rikhye Coaching may suspend its obligations until the customer has fulfilled its payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, Ellen Rikhye Coaching’s claims against the customer are immediately due and payable.
6. If the customer refuses to cooperate with the execution of the agreement by Ellen Rikhye Coaching, he is still obliged to pay the agreed price to Ellen Rikhye Coaching.
7. Right of suspension

Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.

Settlement

Unless the customer is a consumer, the customer waives his right to set off a debt owed to Ellen Rikhye Coaching against a claim against Ellen Rikhye Coaching.

Insurance

1. The customer undertakes to sufficiently insure and keep insured the following items against, among other things, fire, explosion and water damage as well as theft:
   o delivered goods that are necessary for the execution of the underlying agreement
   o affairs of Ellen Rikhye Coaching that are present at the customer
   o goods delivered subject to retention of title
2. At Ellen Rikhye Coaching’s first request, the customer makes the policy of these insurance policies available for inspection.

Guarantee

When the parties have entered into an agreement with a service-providing nature, it only contains obligations of effort for Ellen Rikhye Coaching, not obligations of results.

Performance of the agreement

1. Ellen Rikhye Coaching performs the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2. Ellen Rikhye Coaching has the right to have the agreed services (partially) performed by third parties.
3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of any agreed advance by the customer.
4. It is the responsibility of the customer that Ellen Rikhye Coaching can start the execution of the agreement in time.
5. If the customer has not ensured that Ellen Rikhye Coaching can start the execution of the agreement in time, the resulting additional costs and/or extra hours will be borne by the customer.

Information provided by the customer

1. The customer makes all information, data and documents relevant for the correct execution of the agreement available to Ellen Rikhye Coaching in a timely manner and in the desired form and manner.
2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, insofar as the nature of the agreement does not dictate otherwise.
3. If and insofar as the customer requests this, Ellen Rikhye Coaching will return the relevant documents.
4. If the customer does not provide the information, data or documents reasonably required by Ellen Rikhye Coaching, not in time or properly, and the execution of the agreement is delayed as a result, the resulting additional costs and extra hours will be borne by the customer. customer.

Duration of the contract for a service

1. The agreement between Ellen Rikhye Coaching and the customer regarding a service or services is entered into for a period of 6 months, unless the nature of the agreement dictates otherwise or the parties have expressly agreed otherwise in writing.
2. At the end of the term referred to in paragraph 1 of this article, the agreement will be tacitly converted into an agreement for an indefinite period, unless one of the parties terminates the agreement with due observance of a notice period of months, or a consumer terminates the agreement with due observance of of a notice period of 1 (one) month, as a result of which the agreement ends by operation of law.
3. If the parties have agreed on a term for the completion of certain work within the term of the agreement, this is never a strict deadline. If this term is exceeded, the customer must give Ellen Rikhye Coaching written notice of default.

Termination agreement service for a definite period of time

1. The customer or consumer cannot terminate an agreement regarding a service that has been entered into for a definite period of time after 1 (one) year.
2. After the minimum term of 1 (one) year, the aforementioned agreement can be terminated by the customer with due observance of a notice period of 3 months.
3. After the minimum term of 1 (one) year, the aforementioned agreement can be canceled by a consumer with due observance of a notice period of 1 (one) month.
4. If the agreement concerning a service has been entered into for less than 1 (one) year, the agreement cannot be terminated prematurely.

Confidentiality

1. The customer keeps secret any information he receives (in whatever form) from Ellen Rikhye Coaching.
2. The same applies to all other information regarding Ellen Rikhye Coaching which he knows or can reasonably suspect to be secret or confidential, or of which he can expect that dissemination could harm Ellen Rikhye Coaching.
3. The customer takes all necessary measures to ensure that he also keeps the information referred to in paragraphs 1 and 2 secret.
4. The duty of confidentiality described in this article does not apply to information:
   o which was already public before the customer learned this information or which has subsequently become public without being the result of a breach of the customer’s duty of confidentiality
   o disclosed by the customer on the basis of a legal obligation
5. The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after its expiry.

Penalty Clause

1. If the other party violates the article of these general terms and conditions about confidentiality or about intellectual property, it forfeits an immediately due and payable fine for each violation for the benefit of the trade name.
   • if the other party is a consumer, this fine is €1,000
   • if the other party is a legal person, this fine is € 5,000
2. In addition, the other party forfeits an amount of 5% of the amount referred to in paragraph 1 for each day that that violation continues.
3. No prior notice of default or legal proceedings are required for forfeiture of this fine. There is also no need for any kind of damage.
4. Forfeiture of the fine referred to in the first paragraph of this article does not affect the other rights of Ellen Rikhye Coaching, including its right to claim compensation in addition to the fine.

Disclaimer

The customer indemnifies Ellen Rikhye Coaching against all third-party claims related to the products and/or services supplied by Ellen Rikhye Coaching.

Complaints

1. The customer must examine a product or service provided by Ellen Rikhye Coaching as soon as possible for any shortcomings.
2. If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform Ellen Rikhye Coaching of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. set.
3. Consumers must inform Ellen Rikhye Coaching of this within 2 months after discovery of the shortcomings.
4. The customer provides as detailed a description as possible of the shortcoming, so that Ellen Rikhye Coaching is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in any case not lead to Ellen Rikhye Coaching being obliged to perform other work than has been agreed.

Notice of default

1. The customer must notify Ellen Rikhye Coaching in writing of any notice of default.
2. It is the customer’s responsibility that a notice of default actually reaches Ellen Rikhye Coaching (on time).

Joint and several liability customer

If Ellen Rikhye Coaching enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts that they owe to Ellen Rikhye Coaching under that agreement.

Liability Ellen Rikhye Coaching

1. Ellen Rikhye Coaching is only liable for any damage that the customer suffers if and insofar as that damage is caused by intent or deliberate recklessness.
2. If Ellen Rikhye Coaching is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.
3. Ellen Rikhye Coaching is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.
4. If Ellen Rikhye Coaching is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the ) invoice amount to which the liability relates.
5. All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiration period

Any right of the customer to compensation from Ellen Rikhye Coaching expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Right to dissolution

1. The customer has the right to dissolve the agreement if Ellen Rikhye Coaching imputably fails to fulfill its obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.
2. If the fulfillment of the obligations by Ellen Rikhye Coaching is not permanently or temporarily impossible, dissolution can only take place after Ellen Rikhye Coaching is in default.
3. Ellen Rikhye Coaching has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill his obligations under the agreement, or if Ellen Rikhye Coaching has taken note of circumstances that give him good grounds to fear that the customer will not be able to fulfill his obligations properly.

Force of the majority

1. In addition to the provisions of article 6:75 of the Dutch Civil Code, a failure on the part of Ellen Rikhye Coaching in the fulfillment of any obligation with regard to the customer cannot be attributed to Ellen Rikhye Coaching in any of the will of Ellen Rikhye Coaching independent situation, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected of Ellen Rikhye Coaching.
2. The force majeure situation referred to in paragraph 1 also includes – but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a force majeure situation occurs as a result of which Ellen Rikhye Coaching cannot fulfill 1 or more obligations towards the customer, those obligations will be suspended until Ellen Rikhye Coaching can meet them again.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
5. Ellen Rikhye Coaching does not owe any (damage) compensation in a force majeure situation, even if it benefits from any advantage as a result of the force majeure situation.

Amendment of the agreement

If after the conclusion of the agreement it appears necessary for its implementation to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.

Change of terms and conditions

1. Ellen Rikhye Coaching is entitled to change or supplement these general terms and conditions.
2. Minor changes can be made at any time.
3. Ellen Rikhye Coaching will discuss major substantive changes with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Transfer of rights

1. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Ellen Rikhye Coaching.
2. This provision applies as a stipulation with property law effect as referred to in Section 3:83(2) of the Dutch Civil Code.

Consequences of nullity or voidability

1. If one or more provisions of these general terms and conditions prove to be invalid or voidable, this will not affect the other provisions of these terms and conditions.
2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Ellen Rikhye Coaching had in mind when drafting the conditions on that point.

Applicable law and competent court

1. Only Dutch law applies to every agreement between the parties.
2. The Dutch court in the district where Ellen Rikhye Coaching is located / practices / has its office is exclusively competent to take cognizance of any disputes between the parties, unless the law prescribes otherwise.

Prepared on 01 December 2020.