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General Terms and Conditions
Company Sophia van Sorgen – The Cancer Cocoon
Drafted on 17 November 2019 General Terms and Conditions of Company Sophia van Sorgen, established in the Netherlands, registered with the Chamber of Commerce under number 59615206.
Definitions
In these General Terms and Conditions, the following terms are used as defined below, unless explicitly stated otherwise.
General Terms and Conditions: The General Terms and Conditions as stated below.
Company Sophia van Sorgen: Company Sophia van Sorgen, registered with the Chamber of Commerce under number 59615206.
Company:The Client acting in the exercise of a trade or profession.
Consumer:The Client not acting in the exercise of a trade or profession.
Service: All work, of whatever form, that Company Sophia van Sorgen has carried out for, or for the benefit of, the Client.
Distance service- provision scheme:Every contract concluded between the Client and the Company Sophia van Sorgen, where under an organised distance service-provision scheme, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded, such as a website, telephone or other means of distance communication.
Honorarium: The financial reimbursement that is agreed with the Client for the performance of the assignment.
Distance sales: Every contract concluded between the Client and the Company Sophia van Sorgen, where under an organised distance sales, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded, such as a website, telephone or other means of distance communication.
Assignment: The contract of instruction to provide services.
Contract: Any contract entered into between Company Sophia van Sorgen and the Client.
Products: All items that are the subject of the Contract entered into between Company Sophia van Sorgen and the Client.
Client: The one who has accepted the validity of these General Terms and Conditions and has purchase the product and/or had given instructions for the provision of the Service. The Client includes both consumers as companies.
Article 1 Scope
1. These General Terms and Conditions apply to every quotation and Contract entered into between Company Sophia van Sorgen and the Client, unless the parties are departed from the General Terms and Conditions explicitly and in writing.
2. These General Terms and Conditions are also applicable to contracts with Company Sophia van Sorgen for the implementation of which third parties must be involved.
3. The applicability of any of the Client’s purchasing conditions or other general terms and conditions is expressly excluded.
4. If one or more provisions of these General Terms and Conditions are void or voidable, the other provisions of these General Terms and Conditions remain in effect. In this event, Company Sophia van Sorgen and the Client will consult with each other to agree new provisions to replace the void or voided ones.
5. Departures from the Contract and the General Terms and Conditions are only valid if they are explicitly agreed with Company Sophia van Sorgen in writing.
Article 2 Offers and/or quotations
1. Offers and/or quotations should preferably be made in writhing and/or in electronic form, unless pressing circumstances make this impossible.
2. Offers and/or quotations are valid for 6 months, unless stated otherwise in the offer and/or quotations.
3. Company Sophia van Sorgen cannot be held to its offer and/or quotations if the Client, in accordance with the requirements of reasonableness and fairness and generally accepted standards, should have understood that the offer and/or quotation or an element thereof contains a manifest fault or clerical error.
4. If the acceptance departs from the offer and/or quotation included in the offer and/or quotation, whether or not on points of minor importance, then Company Sophia van Sorgen is not bound by this. The Contract then does not come into being in accordance with this differing acceptance, unless Company Sophia van Sorgen indicates otherwise.
5. A composite offer and/or quotation do not oblige Company Sophia van Sorgen to perform an element of the Assignment for a corresponding part of the stated price.
6. Offers and/or quotations do not automatically apply to future orders or reorders.
Article 3 Formation of the contract
The Contract comes into being through the timely acceptance by the Client of Company Sophia van Sorgen’s offer and/or quotation.
Article 4 Termination
The Contract cannot be terminated prematurely, unless parties agreed otherwise.
Article 5 Amendments to the contract
1. If, during the implementation of the Contract, it becomes apparent that it is necessary to amend or supplement the Contract to ensure its proper implementation, then Company Sophia van Sorgen will inform the Client of this as soon as possible. The parties will then amend the Contract in a timely manner and in mutual consultation.
2. If the parties agree that the Contract will be amended or supplemented, this can influence the time of the completion of the implementation. Company Sophia van Sorgen will inform the Client of this as soon as possible.
3. If the amendment or supplementation of the Contract will have financial, quantitative and/or qualitative consequences, then Company Sophia van Sorgen will inform the Client of this in advance.
4. If a fixed Honorarium, price and/or fee is agreed, then Company Sophia van Sorgen will indicate the extent to which the amendment or supplementation of the Contract will influence the price. In this event Company Sophia van Sorgen will attempt, as far as possible, to issue a quotation in advance.
5. Company Sophia van Sorgen may not make any additional charges if the amendment or supplementation is a consequence of circumstances that can be attributed to Company Sophia van Sorgen.
6. Amendments to the Contract originally entered into between the Client and Company Sophia van Sorgen are only valid from the time at which these amendments are accepted in writing by both parties by means of a supplementary or amended Contract.
Article 6 Implementation of the contract
Company Sophia van Sorgen will implement the Contract to the best of its knowledge and ability, and in accordance with the requirements of good workmanship.
Company Sophia van Sorgen is entitled to arrange for certain work to be carried out by third parties. The applicability of article 7:404; 7:407, paragraph 2 and article 7:409 of the Dutch Civil Code is explicitly excluded.
Company Sophia van Sorgen is entitled to implement the Contract in phases.
If the Contract is implemented in phases, Company Sophia van Sorgen is entitled to invoice and require payment for each implemented element separately. If and for as long as this invoice is not paid by the Client, Company Sophia van Sorgen is not obliged to implement the following phase, and is entitled to suspend the contract. If the Contract is implemented in phases, Company Sophia van Sorgen is entitled to suspend the implementation of those elements that belong to the following phase or phases until the Client has approved in writing the results of the preceding phase.
The Client will issue all information or instructions that are necessary for the implementation of the Contract, or which the Client can be reasonably expected to understand are necessary for implementation of the Contract, to Company Sophia van Sorgen in a timely manner.
If the above-mentioned information and instructions are not issued, or not issued in a timely manner, then Company Sophia van Sorgen is entitled to suspend the implementation of the Contract. The additional expenses that are incurred through the delay will be borne by the Client.
Article 7 Prices and fees
1. The prices and fees are expressed in euros and inclusive of VAT, import and export duties, excise duties and other taxes or government levies, unless indicated otherwise.
2. The prices and fees are inclusive of travel, accommodation, packaging, delivery, transportation costs and administration costs, unless indicated otherwise.
3. If a fee isn’t expressly agreed, the Honorarium and/or fee will determined by the actual amount of hours and the usual hourly fee of Company Sophia van Sorgen.
4. Company Sophia van Sorgen will provide a statement of all associated costs, or provide information on the basis of which these costs can be calculated by the Client, in a timely manner before the Contract is entered into.
Article 8 Amendment of honorarium, prices and fees
1. If Company Sophia van Sorgen agrees a fixed Honorarium, price and/or fee when the Contract is entered into, then Company Sophia van Sorgen is entitled to increase this Honorarium, price or fee, also when the Honorarium, price or fee is not originally specified provisionally.
2. If Company Sophia van Sorgen has the intention of amending the Honorarium, price and/or fee, it will inform the Client of this as soon as possible.
3. If the increase of the Honorarium, price or fee takes place within three months of the Contract being entered into, the Client can terminate the Contract by means of a written statement, unless:
- the increase arises from a right of Company Sophia van Sorgen or an obligation resting upon Company Sophia van Sorgen in accordance with the law;
- the increase is due to a rise in the price of raw materials, wages etc. or on other grounds that could not reasonably have been foreseen when the Contract was entered into;
- Company Sophia van Sorgen is still prepared to implement the Contract on the basis of that which was originally agreed;
- it is stipulated that the implementation will be carried out more than three months after the Contract was entered into.
4. The Client is entitled to terminate the Contract if the Honorarium, price or the fee are increased more than three months after the Contract was entered into, unless it is stipulated in the Contract that the implementation will be carried out more than three months after the Contract was entered into.
5. Company Sophia van Sorgen will inform the Client in the event of the intention to increase the Honorarium, price or the fee, stating the extent of the increase and the date upon which it will take effect.
Article 9 Distance service-provision scheme and/or sales
1. This provision only applies to the Client in the capacity as Consumer.
2. In the event of distance sales delivery has to take place within thirty days.
3. In the event of sales distance of and/or distance service-provision scheme Company Sophia van Sorgen has the right to oblige the Client to pay at most 50 percent of the Honorarium in advance.
4. In the event of distance service-provision scheme the Client has the right to withdraw the contract during a period of fourteen days after concluded the contract, without giving any reason.
5. In the event of distance sales the Client has the right to withdraw the contract after thirty days, if Company Sophia van Sorgen didn’t delivered the Product within thirty days, unless parties agreed to a different delivery period.
6. In the event of distance sales the Client has the right to withdraw the contract during a period of fourteen days after receiving the goods, without giving any reason.
7. If Company Sophia van Sorgen did not has provided the required information regarding the right of withdrawal or did not issued the information in the correct form, the Client has the right to terminate the Contract, without given any reason, during a period of three months after the Client received the Products of Company Sophia van Sorgen. If the Company Sophia van Sorgen will provided the Client with the above-mentioned information during the three month, the withdrawal period shall expire fourteen days after the day upon which the Client receives that information.
8. The Client can withdraw the contract by using the model form of Company Sophia van Sorgen or in another manner chosen by the Client.
9. The right to withdrawal lapses at the moment the Service is completely performed. In addition, the right to withdrawal lapses if Company Sophia van Sorgen started with the performance of the Service with the prior express consent of the Client and if the Client acknowledge that he will lose his right of withdrawal once the contract has been fully performed by the Company Sophia van Sorgen.
10. If the Client sends the goods back, the Client has to return the goods in a proper packaging with all accessories and in original condition. The shipping costs will be at risk and for the account of the Client.
11. If the Client used his right to withdrawal the Contract, the Client is obliged to return the goods within fourteen days, because the Client informed Company Sophia van Sorgen to withdrawal the Contract.
12. If the Client used his right to withdrawal the Contract, Company Sophia van Sorgen will reimburse all payments, including the shipping costs, within fourteen days after the dissolution of the Contract.
13. If the goods are not available, Company Sophia van Sorgen will inform the Client of this as soon as possible and Company Sophia van Sorgen will reimburse the payment within fourteen days. If Company Sophia van Sorgen and the Client agree that a good of similar quality and price may be delivered, the shipping costs will be for the account for the Client. The foregoing is only applicable if the Client uses his right to terminate the Contract during the withdrawal period.
14. The provisions of this article shall not apply if the Contract regards to
- financial services;
- services which are performed on a specific date or during a specific period;
- products and/or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the Company Sophia van Sorgen and which may occur within the withdrawal period;
- Products and/or services which are delivered/performed within the cooling-off period with the consent of the Client;
- products and/or services that cannot be returned because of their nature;
- Products and/or services of personal nature;
- products and/or services specifically made or performed for the Client.
Article 10 Delivery and implementations periods
1. The delivery and/or implementation will take place within a period stated by Company Sophia van Sorgen.
2. If a period is agreed or stated for the delivery of the product and/or for the implementation, then this period is only indicative and is not to be regarded as a strict deadline.
3. If Company Sophia van Sorgen needs information or instructions from the Client that are necessary for the delivery and/or implementation, then the delivery and/or implementation period will commence after the Client has provided these to Company Sophia van Sorgen.
4. If a delivery or implementation period is exceeded, the Client must issue Company Sophia van Sorgen written notice of default, whereby Company Sophia van Sorgen will be offered a reasonable period to deliver the good and/or to implement the Contract .
5. A notice of default is not necessary if the delivery has become permanently impossible, or it otherwise becomes apparent that Company Sophia van Sorgen will not meet its obligations arising from the Contract. If Company Sophia van Sorgen does not delivery within this period, then the Client is entitled to terminate the Contract without judicial intervention and/or seeking compensation.
Article 11 Coaching / Readings course
1. The Client can sign up at Company Sophia van Sorgen for guidance and coaching.
2. After signing up Company Sophia van Sorgen shall conduct a free intake of maximum 30 minutes with the Client to determine which type of guidance and coaching fits the Client the best and how many sessions the Client needs.
3. After the intake took place Company Sophia van Sorgen will determine which type of guidance and coaching fits the Client the best and how many sessions the Client needs. The Client can accept, modify in concert with Company Sophia van Sorgen or refuse the offer of Company Sophia van Sorgen.
4. Company Sophia van Sorgen can decline or cancel the guidance and coaching without given any reason.
5. The Client cannot cancel the guidance and/or coaching, except in the case of force of majeure.
Article 12 Online Workshops
1. The Client can sign up at Company Sophia van Sorgen for an online workshops.
2. After signing up the Client gets per e-mail access to the program though a personal account or per e-mail.
3. The Client will have access to his personal account tot all the material.
Article 13 Payment
1. Payment will take place by means of transfer to a bank account specified by Company Sophia van Sorgen, unless agreed otherwise. Transfer will take place by means of an invoice.
2. Payment can be made both in advance and afterwards.
3. Payment afterwards must be made within 14 days of the invoice date, in a manner to be specified by Company Sophia van Sorgen and in the currency in which the invoice is issued, unless agreed otherwise.
4. The Client is not authorised to deduct any amount from the payable amount by reason of a counterclaim made by the Client.
5. Company Sophia van Sorgen is entitled to invoice the Client for work carried out in the period in question. Invoicing will take place monthly.
6. Company Sophia van Sorgen and the Client may agree that payment be made in instalments in proportion with the progress of the work. If payment in instalments is agreed, the Client must make payment in accordance with the periods and percentages as established in the Contract.
7. Objections to the level of the invoice do not have the effect of suspending the payment obligations.
8. After the expiry of a period of 14 days after the invoice date, the Client will be, without a notice of default, by operation of law in default. The Client has to bear from the moment of default on the immediately claimable amount an interest at the rate of 3% per month, unless the statutory interest rate is higher.
9. In the event of bankruptcy, suspension of payment or placement under conservatorship, the amounts owed to Company Sophia van Sorgen and the obligations of the Client towards Company Sophia van Sorgen are immediately claimable.
Article 14 Collection costs
1. If the Client is in default or in breach of the Contract in fulfilling its obligations (in a timely manner) then all reasonable costs incurred to obtain an out-of-court settlement are payable by the Client.
2. With regard to the extrajudicial (collection) charges, Company Sophia van Sorgen is entitled, in so far as the Client act in the capacity as a Company, in departure from article 6:96 paragraph 5 of the Dutch Civil Code and the Payment of Extrajudicial Collection Charges Decree, to a payment of 15% of the total outstanding principal sum, with a minimum of € 90,- for every invoice that is wholly or partly unpaid.
3. With regard to the extrajudicial (collection) charges, Company Sophia van Sorgen is entitled, in so far as the Client act in the capacity as a Consumer, to a payment of the maximum sum that is determine in the Payment of Extrajudicial Collection Charges Decree.
4. In so far as the Client act in the capacity as a Consumer,Company Sophia van Sorgen is only entitled to a reimbursement of extrajudicial collection charges after the Company Sophia van Sorgen send the client a reminder to pay within 14 the outstanding invoice or invoices after the client came into default.
5. Any reasonable legal costs and execution costs incurred are also payable by the Client.
Article 15 Retention of title
1. All items supplied by Company Sophia van Sorgen within the framework of the Contract remain the property of Company Sophia van Sorgen until the Client has properly fulfilled and fully complied with that which is required of it by virtue of the Contract.
2. Payable amounts also include the reimbursement of all charges and interest, including those of earlier or later supplies and services provided, as well as compensation claims due to breach of contract.
3. For as long as the ownership of the supplied items has not been transferred to the Client, the Client may not sell on, pledge or in any other way encumber that which falls under the retention of title, except within the normal conduct of its business.
Article 16 Suspension
1. If the Client does not fulfil an obligation arising from the Contract, or does not meet it fully or in a timely manner, then Company Sophia van Sorgen is entitled to suspend the corresponding obligation. In the event of partial or inadequate fulfilment, suspension is only permitted in so far as this is justified by the shortcoming.
2. Moreover, Company Sophia van Sorgen is entitled to suspend the fulfilment of the obligations if:
- after the Contract is entered into, Company Sophia van Sorgen becomes aware of circumstances that give good grounds to fear that the Client will not fulfil its obligations;
- the Client is requested, on entering into the Contract, to provide security for the fulfilment of its obligations arising from the Contract, and this security is not provided or is insufficient;
- circumstances arise of such a nature that fulfilment of the Contract is impossible, or that the unamended maintenance of the Contract cannot be reasonably required of Company Sophia van Sorgen.
3. Company Sophia van Sorgen reserves the right to claim compensation.
Article 16 Termination
1. If the Client does not fulfil an obligation arising from the Contract, or does not meet it fully, in a timely manner or properly, then Company Sophia van Sorgen is entitled to terminate the Contract with immediate effect, unless the shortcoming, in view of its limited significance, does not justify the termination.
2. Moreover, Company Sophia van Sorgen is entitled to terminate the Contract with immediate effect if:
- after the Contract is entered into, Company Sophia van Sorgen becomes aware of circumstances that give good grounds to fear that the Client will not fulfil its obligations;
- the Client is requested, on entering into the Contract, to provide security for the fulfilment of its obligations arising from the Contract, and this security is not provided or is insufficient;
- due to a delay on the part of the Client, Company Sophia van Sorgen can no longer be required to fulfil the Contract under the originally agreed conditions;
- circumstances arise of such a nature that fulfilment of the Contract is impossible, or that the unamended maintenance of the Contract cannot be reasonably required of Company Sophia van Sorgen;
- the Client is declared bankrupt, submits an application for a suspension of payment, requests the application of debt rescheduling for natural persons or is served with a writ of sequestration on all or part of its property;
- the Client is placed under conservatorship;
- the Client deceases.
3. Termination will take place by means of a written declaration, without judicial intervention.
4. If the Contract is terminated, the Client’s debts to Company Sophia van Sorgen become immediately due and payable.
5. If Company Sophia van Sorgen terminates the Contract on the above-mentioned grounds, Company Sophia van Sorgen is not liable for any costs or compensation.
6. If the termination is attributable to the Client, the Client is liable for the damage suffered by Company Sophia van Sorgen.
Article 17 Force majeure
1. Breaches may not be attributed to Company Sophia van Sorgen or the Client is they are not their fault, or if they are not accountable by law, juristic act, or according to the generally accepted standards. In this case the parties are also not bound to fulfil the obligations arising from the Contract.
2. In these General Terms and Conditions, the term “force majeure” is defined as – in addition to what is understood in law and jurisprudence in this regard – all external causes, foreseen or unforeseen, upon which Company Sophia van Sorgen can exercise no influence and through which Company Sophia van Sorgen is not able to fulfil its obligations.
3. Circumstances regarded as resulting in force majeure include strikes, lockouts, fire, water damage, natural disasters or other external contingencies, mobilisation, war, traffic congestion, blockades, import or export restrictions or other government measures, stagnation or delay in the supply of raw materials or machinery components and lack of labour forces, as well as any circumstances through which normal business operations are impeded, as a result of which the fulfilment of the Contract by Company Sophia van Sorgen cannot be reasonably sought by the Client.
4. Company Sophia van Sorgen is also entitled to invoke force majeure if the circumstance that hinders (further) fulfilment of the Contract occurs after Company Sophia van Sorgen should have fulfilled its obligations.
5. In case of force majeure the parties are not obliged to proceed with the Contract, and are not bound to pay any compensation.
6. During the period that the force majeure continues, both Company Sophia van Sorgen and the Client can fully or partly suspend the obligations arising from the Contract. If this period lasts for longer than 2 months, both parties are entitled to terminate the Contract with immediate effect, by means of a written notification, without judicial intervention and without the parties being able to claim any damages.
7. If the situation of force majeure is of a temporary nature, Company Sophia van Sorgen reserves the right to suspend the agreed service for the duration of the situation of force majeure. In the event of permanent force majeure both parties are entitled to terminate the Contract without judicial intervention.
8. If at the time of the occurrence of force majeure Company Sophia van Sorgen has already partly fulfilled, or will fulfil, its obligations arising from the Contract, and independent value accrues to the part fulfilled or to be fulfilled, then Company Sophia van Sorgen is entitled to separately invoice the part already fulfilled or to be fulfilled. The Client is bound to pay this invoice as if there were a separate Contract.
Article 18 Guarantees
1. The Contract between Company Sophia van Sorgen and the Client leads to an obligation to perform to the best of one’s ability and not to an obligation to guarantee a certain result. Thermoforming Consulting accordingly guarantees that the work carried out by it will conform with the Contract and will be properly carried out.
2. Company Sophia van Sorgen accordingly guarantees that the work carried out by it will conform with the Contract and will be properly carried out with good workmanship and using proper materials.
3. The guarantee stated in these General Terms and Conditions applies to usage within and outside Europe.
4. If the delivered Product has been produced by a third party, the third party will provide the guarantee, unless indicated otherwise.
5. If the delivered Product does not conform with the guarantee, company will, after notification of this, replace or repair the Product free of charge within a reasonable period.
6. When the guarantee period has expired, all costs of repair or replacement, including administrative, shipping and call-out charges, will be borne by the Client.
7. No form of guarantee covers damage caused by incompetent use or lack of care, or as a result of alterations made by the Client or by third parties, nor does Company Sophia van Sorgen provide any guarantee for damage arising as a result of these defects.
8. The guarantee also becomes inoperative if the defect has arisen through or is a result of circumstances beyond the control of Company Sophia van Sorgen. These circumstances include weather conditions.
Article 19 Liability
1. The implementation of the Contract is entirely at the risk and responsibility of the Client. Company Sophia van Sorgen is only liable for direct damage that has arisen through wilful recklessness or an intentional act or omission of Company Sophia van Sorgen.
2. The liability of Company Sophia van Sorgen is excluded for indirect damage, including in any event consequential damage, loss of profit, lost savings and loss due to business interruption, or immaterial damage to the Client. In the case of consumer purchase, this limitation does not extend further than is permitted pursuant to article 7:24, paragraph 2 of the Dutch Civil Code.
3. Company Sophia van Sorgen is not liable for damage, of whatever nature, resulting from Company Sophia van Sorgen basing its actions upon inaccurate and/or incomplete information provided by the Client, unless this inaccuracy or incompleteness ought to have been known to Company Sophia van Sorgen.
4. If Company Sophia van Sorgen is liable for any damage, then the liability of Company Sophia van Sorgen is limited to an amount equal to the amount of € 10.000,-, or to the amount to which the insurance taken out by Company Sophia van Sorgen gives entitlement, with the deduction of the policy excess borne by Company Sophia van Sorgen under the terms of the insurance.
5. The limitations of the liabilities in this article will not apply if the damage is due to an intentional act or recklessness of Company Sophia van Sorgen or due to his supervisory subordinates.
6. The Client must report the damage for which Company Sophia van Sorgen can be held liable to Company Sophia van Sorgen as soon as possible, but in any event within 10 days of the damage having arisen, on penalty of the forfeiture of any right to compensation for this damage.
7. Any liability claim against Company Sophia van Sorgen lapses within one year of the Client having become aware, or possibly reasonably having become aware, of the harmful event.
Article 20 Indemnity
1. The Client indemnifies Company Sophia van Sorgen against any claims by third parties who suffer damage in connection with the implementation of the Contract which is attributable to the Client.
2. If Company Sophia van Sorgen may be sued for this reason, then the Client is bound to provide Company Sophia van Sorgen with both judicial and extrajudicial support. Furthermore, all costs and damage on the part of Company Sophia van Sorgen and third parties will be at the expense and risk of the Client.
Article 21 Limitation period
1. In departure from the legal limitation period, a limitation period of one year applies to all claims against Company Sophia van Sorgen and any third parties brought in by Company Sophia van Sorgen.
2. The foregoing shall not apply to claims which are based on the non-conformity of the delivered goods of the Contract. In this case claims lapses after two years after the Client has informed Company Sophia van Sorgen about the defect of the delivered good.
Article 22 Intellectual property
1. Company Sophia van Sorgen reserves the rights and powers accruing to it under the provisions of the Copyright Act and other intellectual property legislation and regulations.
2. Company Sophia van Sorgen reserves the right to utilise the knowledge acquired for the performance of the work and general information for other purposes and other work, in so far as no confidential information is hereby communicated to third parties.
Article 23 Confidentiality
Both Company Sophia van Sorgen and the Client are obliged, for the duration of and after the termination of the Contract, to maintain confidentiality regarding all facts and particulars concerning the business which they know or can reasonably suspect are confidential. This duty of confidentiality also includes all details of employees, clients, commissioning bodies and other business contacts which are learned of by reason of the Assignment.
Article 24 Privacy and cookies
1. Company Sophia van Sorgen will store the details and information that the Client provides to Company Sophia van Sorgen carefully and confidentially.
2. Company Sophia van Sorgen may only use the personal details of the Client within the framework of the implementation of its obligation to supply, or of dealing with a complaint.
3. When visiting our website Company Sophia van Sorgen can collect the information on the use of the website of the Client through cookies.
4. The information that Company Sophia van Sorgen collects through cookies can be used for functional an analytical purposes.
5. Company Sophia van Sorgen is not permitted to lend out, hire out or sell the personal details of the Client, or to publicise them in any other manner.
6. If Company Sophia van Sorgen is obliged to provide confidential information to third parties by virtue of a legal provision or court decision, and Company Sophia van Sorgen cannot claim a legal right of immunity, or such a right recognised or permitted by the competent court in this respect, then Company Sophia van Sorgen is not liable to pay compensation or grant indemnification. The Client is also not entitled to terminate the Contract by reason of any damage arising in this way.
7. The Client agrees that Company Sophia van Sorgen may approach the Client for statistical or customer satisfaction research. If the Client does not wish to be approached for research, the Client may make this known.
8. Company Sophia van Sorgen reserves the right to utilise the other details of the Client in anonymous form for (statistical) research and databases.
Article 25 Newsletter
1. The Client can sign up for the newsletter.
2. The newsletter will keep the Client informed of the latest new and the most recent developments.
3. The Client will receive the newsletter by e-mail.
4. The Client can opt out in writing of though a hyperlink of the newsletter at any time. In this case the Client will receive no more messages.
Article 26 Amendment of the general terms and conditions
1. Company Sophia van Sorgen is entitled to amend the general terms and conditions unilaterally.
2. Amendments will also apply to Contract that are already concluded.
3. Company Sophia van Sorgen will inform the Client by e-mail about the amendments.
4. The amendments to the general terms and conditions will be in force after thirty days after the Client is informed of the amendments.
5. If the Client does not agree with the announced amendments, the Client is entitled to terminate the Contract.
Article 27 Interpretation, translation
1. As well as the original Dutch version of these General Terms and Conditions, there are two other versions of the General Terms and Conditions, translated into English.
2. The Dutch version of the General Terms and Conditions of Company Sophia van Sorgen is the authentic version. This version of the General Terms and Conditions will take precedence in the event of the explanation or interpretation of the General Terms and Conditions. In the event of a difference in meaning or interpretation between the two versions, then the Dutch version of the General Terms and Conditions will prevail.
Article 28 Applicable law, disputes
Dutch law is exclusively applicable to all legal relationships to which Company Sophia van Sorgen is a party. This also applies if an obligation is wholly or partly fulfilled outside of the Netherlands or if the Client has its place of business outside of the Netherlands. Disputes between Company Sophia van Sorgen and the Client will only be submitted to the competent court in the Netherlands district, unless the law mandatorily prescribes otherwise. The applicability of the Vienna Sales Convention (CISG) is excluded.
Article 29 Location
These General Terms and Conditions are filed at the Chamber of Commerce under number 59615206.
Definitions
In these General Terms and Conditions, the following terms are used as defined below, unless explicitly stated otherwise.
General Terms and Conditions: The General Terms and Conditions as stated below.
Company Sophia van Sorgen: Company Sophia van Sorgen, registered with the Chamber of Commerce under number 59615206.
Company:The Client acting in the exercise of a trade or profession.
Consumer:The Client not acting in the exercise of a trade or profession.
Service: All work, of whatever form, that Company Sophia van Sorgen has carried out for, or for the benefit of, the Client.
Distance service- provision scheme:Every contract concluded between the Client and the Company Sophia van Sorgen, where under an organised distance service-provision scheme, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded, such as a website, telephone or other means of distance communication.
Honorarium: The financial reimbursement that is agreed with the Client for the performance of the assignment.
Distance sales: Every contract concluded between the Client and the Company Sophia van Sorgen, where under an organised distance sales, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded, such as a website, telephone or other means of distance communication.
Assignment: The contract of instruction to provide services.
Contract: Any contract entered into between Company Sophia van Sorgen and the Client.
Products: All items that are the subject of the Contract entered into between Company Sophia van Sorgen and the Client.
Client: The one who has accepted the validity of these General Terms and Conditions and has purchase the product and/or had given instructions for the provision of the Service. The Client includes both consumers as companies.