the fine print

General terms and conditions Maarten Wolsing Sales coach

Definitions

Maarten Wolsing Salescoach: Maarten Wolsing Salescoach, established in Deventer under Chamber of Commerce no. 70393575.
Customer: the person with whom Maarten Wolsing Salescoach has entered into an agreement.
Parties: Maarten Wolsing Sales coach and customer together.
Consumer: a customer who is also an individual and who acts as a private person.

Applicability of general terms and conditions

These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Maarten Wolsing Salescoach.
Parties can only deviate from these terms and conditions if they have expressly agreed so in writing.
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

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

Acceptance

When accepting a quotation or offer without obligation, Maarten Wolsing Salescoach 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.
Oral acceptance of the customer is only binding for Maarten Wolsing Salescoach after the customer has confirmed this in writing (or electronically).

Prices

All prices that Maarten Wolsing Salescoach uses are in euros, 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 agreed otherwise.
Maarten Wolsing Salescoach can change all prices that Maarten Wolsing Salescoach uses for its products or services, on its website or that are otherwise made known.
Maarten Wolsing Salescoach can offer services on a 'no cure no pay' basis.
In the case of no cure no pay, the payment obligation for the customer arises when the agreed result has been achieved.

Consequences of not paying on time

If the customer does not pay within the agreed term, Maarten Wolsing Salescoach 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.
If the customer is in default, he also owes extrajudicial collection costs and any compensation to Maarten Wolsing Salescoach.
The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
If the customer does not pay on time, Maarten Wolsing Salescoach may suspend its obligations until the customer has fulfilled its payment obligation.
In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, the claims of Maarten Wolsing Salescoach against the customer are immediately due and payable.
If the customer refuses to cooperate in the execution of the agreement by Maarten Wolsing Salescoach, he is still obliged to pay the agreed price to Maarten Wolsing Salescoach.

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 Maarten Wolsing Salescoach against a claim against Maarten Wolsing Salescoach.

Insurance

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:

delivered goods that are necessary for the execution of the underlying agreement
matters of Maarten Wolsing Sales coach who are present at the customer
goods delivered under retention of title

At the first request of Maarten Wolsing Salescoach, 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, this only contains obligations of effort for Maarten Wolsing Salescoach, not obligations of results.

Performance of the agreement

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

Provision of information by the customer

The customer makes all information, data and documents relevant for the correct execution of the agreement available to Maarten Wolsing Salescoach in a timely manner and in the desired form 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, insofar as the nature of the agreement does not dictate otherwise.
If and insofar as the customer requests this, Maarten Wolsing Salescoach will return the relevant documents.
If the customer does not provide the information, data or documents reasonably required by Maarten Wolsing Salescoach, or does not timely 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.

Duration of the contract for a service

The agreement between Maarten Wolsing Salescoach and the customer regarding a service or services is entered into for the duration of Months, unless the nature of the agreement dictates otherwise or the parties have expressly agreed otherwise in writing.
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 2 months, or a consumer terminates the agreement with due observance of a notice period of 1 (one) month, whereby the agreement ends by operation of law.
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 Maarten Wolsing Salescoach written notice of default.

Termination agreement service for a definite period of time

The customer or consumer cannot terminate an agreement regarding a service that has been entered into for a definite period of time, no earlier than after 1 (one) year.
After expiry of 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.
After expiry of the minimum term of 1 (one) year, the aforementioned agreement can be terminated by a consumer with due observance of a notice period of 1 (one) month.
If the agreement concerning a service has been entered into for less than 1 (one) year, the agreement cannot be terminated prematurely.

Disclaimer

The customer indemnifies Maarten Wolsing Salescoach against all third-party claims related to the products and/or services supplied by Maarten Wolsing Salescoach.

Complaints

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

Notice of default

The customer must notify Maarten Wolsing Salescoach of any notice of default in writing.
It is the customer's responsibility that a notice of default actually reaches Maarten Wolsing Salescoach (on time).

Joint and several liability customer

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

LiabilityMaarten Wolsing Sales coach

Maarten Wolsing Salescoach is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.
If Maarten Wolsing Salescoach is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.
Maarten Wolsing Salescoach is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.
If Maarten Wolsing Salescoach 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.
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 Maarten Wolsing Salescoach 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

The customer has the right to dissolve the agreement if Maarten Wolsing Salescoach imputably fails to fulfill its obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.
If the fulfillment of the obligations by Maarten Wolsing Salescoach is not permanently or temporarily impossible, dissolution can only take place after Maarten Wolsing Salescoach is in default.
Maarten Wolsing Salescoach 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 Maarten Wolsing Salescoach has taken cognizance of circumstances that give him good grounds to fear that the customer will not be able to properly fulfill its obligations.

Force of the majority

In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure on the part of Maarten Wolsing Salescoach in the fulfillment of any obligation with regard to the customer cannot be attributed to Maarten Wolsing Salescoach in a situation independent of the will of Maarten Wolsing Salescoach. , as a result of which the fulfillment of his obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of his obligations cannot reasonably be expected of Maarten Wolsing Salescoach.
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.); default 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.
If a force majeure situation arises as a result of which Maarten Wolsing Salescoach cannot fulfill one or more obligations towards the customer, those obligations will be suspended until Maarten Wolsing Salescoach can fulfill them again.
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.
Maarten Wolsing Salescoach 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

Maarten Wolsing Salescoach is entitled to amend or supplement these general terms and conditions.
Minor changes can be made at any time.
Maarten Wolsing Salescoach will discuss major substantive changes with the customer in advance as much as possible.
Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Transfer of rights

Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Maarten Wolsing Salescoach.
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

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.
A provision that is null or voidable will in that case be replaced by a provision that comes closest to what Maarten Wolsing Salescoach had in mind when drafting the conditions on that point.

Applicable law and competent court

Dutch law applies exclusively to every agreement between the parties.
The Dutch court in the district where Maarten Wolsing Salescoach is located / has its practice / has its office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.

Prepared on 02 February 2021.