General Terms & Conditions
version: July 2022
ARTICLE 1. DEFINITIONS
1.1. Manon Vermeulen: the one-woman business Manon Vermeulen, with its registered office in Amsterdam and registered with the Chamber of Commerce under file number 75015544.
1.2. Customer: the natural person or legal entity who has entered into an agreement with Manon Vermeulen
1.3. Under “general terms and conditions” is understood: the whole of the provisions as set out below.
1.4. Services: all services that Manon Vermeulen performs for the customer. This includes, but is not limited to: personal life and leadership coaching, group-coaching programs, training and workshops (both online and offline).
1.5. Agreement: the agreement between Manon Vermeulen and the customer under which Manon Vermeulen will perform the service.
1.6. Information: all data from the customer.
1.7. Website: www.manonvermeulen.com
ARTICLE 2. APPLICABILITY
2.1. These general terms and conditions apply to all offers made by Manon Vermeulen, including, proposals made, quotations made, agreements concluded, services rendered, and other actions performed, unless otherwise agreed in writing.
2.2. By signing an offer, agreeing to an offer in writing, placing an order confirmation via the website, placing an order confirmation via email, or signing or agreeing to a coaching contract with Manon Vermeulen, the customer declares that he / she has taken note of these general terms and conditions of Manon Vermeulen and that he / she agrees with these conditions.
2.3. In the event of a conflict between these general terms and conditions and agreements made in an agreement, the provisions of the agreement will prevail.
2.4. These terms and conditions also apply to actions of third parties hired by Manon Vermeulen regarding the execution of the delivery of services agreed to.
2.5. The applicability of the general terms and conditions of the customer is rejected by the use of these general terms and conditions.
ARTICLE 3. PROPOSALS, QUOTES AND OFFERS
3.1. Proposals and quotations from Manon Vermeulen are valid for the period specified in the quotation. If no term is specified, the quotation is valid until 14 days after the date on which the quotation was issued. If the customer does not accept an offer or quotation within the applicable term, the offer or quotation will lapse.
3.2. Manon Vermeulen will indicate in the proposal or quotation which services are offered and which amounts the customer will owe upon acceptance of the quotation. The prices stated in the proposal or quotation apply to the period stated in the quotation, unless explicitly agreed otherwise in writing. The proposal or quotation states the agreed price of the chosen service, where the service is specified in number of hours/sessions.
3.3. If it turns out that the information provided by the customer with the application or agreement was incorrect, Manon Vermeulen has the right to adjust the relevant prices and other conditions.
3.4 Manon Vermeulen reserves the right to invoice a down payment of 50% of the total order / process to the customer before Manon Vermeulen will carry out the order / process. Orders via the website will be invoiced 100% in advance.
3.5. Manon Vermeulen gives the customer the option to pay the invoice in terms agreed in advance. These terms are communicated to the customer in the proposal or quotation.
3.6. All prices communicated by Manon Vermeulen are amounts in euros, excluding shipping costs, travel time, travel costs and other established levies and / or fees, unless explicitly stated otherwise.
3.7. Offers do not automatically apply to follow-up routes or work.
3.8. Manon Vermeulen reserves the right to change prices in the meantime. If the prices of the offered products increase after the conclusion of the agreement, the customer is entitled to cancel the agreement on the date that the price increase takes effect.
Price increases as a result of a statutory regulation or provision are hereby excluded.
3.9. Manon Vermeulen reserves the right to increase prices annually by a percentage equal to the increase in the consumer price index, determined by Statistics Netherlands. This increase in prices does not entitle the customer to terminate the agreement.
ARTICLE 4. AGREEMENT AND ADDITIONAL WORK
4.1. An agreement is concluded from the moment that the customer communicates in any way to Manon Vermeulen concerning the acceptance of an offer made by Manon Vermeuulen.
4.2. After the conclusion of an agreement, it can only be changed with mutual approval.
4.3. After the conclusion of an agreement, Manon Vermeulen will proceed to the execution of the services within a reasonable time.
4.5. Changes to the originally concluded agreement between the customer and Manon Vermeulen are only valid from the moment that these changes have been accepted by both parties by means of an additional or amended written agreement.
4.6. If the customer wishes to dissolve or cancel an agreement with Manon Vermeulen, this right only accrues to him/her if he/she proceeds to pay for the work performed up to that point or in the event of cancellation before the work performed, ten percent of the fee agreed in the order confirmation.
4.7. If Manon Vermeulen, due to circumstances unknown at the time of the quotation or the order confirmation, has to perform more work than agreed in the quotation or order confirmation, Manon Vermeulen is entitled to charge the additional costs resulting therefrom to the customer. If the customer objects to the additional costs that Manon Vermeulen wishes to charge, the customer has the right to cancel the not yet executed part of the assignment / the process, whereby the customer is obliged to pay for the work / process performed by Manon Vermeulen so far. The part of the assignment/process not executed will then be reimbursed to the customer.
ARTICLE 5. RIGHTS AND OBLIGATIONS FOR MANON VERMEULEN
5.1. Manon Vermeulen guarantees that the assignment / process given to her will be carried out to the best of her ability, applying sufficient care and skill.
5.2. Manon Vermeulen makes every effort to secure the data that Manon Vermeulen stores for the customer in such a way that this data is not available to unauthorized persons.
5.3. In case of complaints made by the customer about the services and / or products provided, Manon Vermeulen must consult with the customer about a suitable solution for both.
5.4. Manon Vermeulen works with her customers both online and offline. If the customer makes it known that he wishes to meet at a location other than the location indicated by Manon Vermeulen, an appointment can be scheduled in consultation with Manon Vermeulen. Any costs for the reservation / use of this external location are at the expense of the customer.
5.5. Manon Vermeulen is obliged to maintain the confidentiality of all confidential information that they have obtained during the cooperation or from another source within the framework of the agreement between the customer and Manon Vermeulen. Information is considered confidential when this has been communicated by the other party or if this is evident from the standards of reasonableness and fairness.
5.6. Manon Vermeulen can be reached on working days from 9:00 am and 6:00 pm by e-mail, telephone or WhatsApp. Questions will be answered within 48 hours. Requests for assistance on working days after 6 p.m. and on weekends are handled the next working day.
5.7. Manon Vermeulen is not liable for physical or psychological consequences that the client believes arise from participation in the coaching or training sessions.
5.8. If Manon Vermeulen suspects situations or syndromes during the process that do not fall within the services of Manon Vermeulen, Manon Vermeulen will refer the customer to a therapist, doctor or expert. Continuation of the process will be discussed in consultation with the customer.
5.9. After the term of the assignment has expired, in the case of a process with a specific agreed duration, the customer can no longer claim parts of the assignment that have not or have not yet been enjoyed in any form whatsoever.
ARTICLE 6. RIGHTS AND OBLIGATIONS FOR THE CUSTOMER, AND THE RIGHT OF WITHDRAWAL
6.1. In principle, the customer must adhere to the provisions laid down in these terms and conditions, unless otherwise agreed.
6.2. The customer must provide Manon Vermeulen with all correct information that the customer can reasonably foresee to be necessary for the correct execution of the agreement. The customer is in any case obliged to immediately inform Manon Vermeulen of changes to personal data, company data or other information that Manon vermeulen requests.
6.3. If, as an exception to Article 6.2, the information required for the implementation of the agreement is not provided to Manon Vermeulen in time, Manon Vermeulen has the right to suspend the implementation of the agreement and / or charge the customer for additional costs resulting from the charge.
6.4. The customer will always immediately inform Manon Vermeulen in writing of any changes in name, address, email and, if requested, his / her bank number.
6.5. In case of complaints about the services and / or products delivered by Manon Vermeulen, the customer must make these complaints known to Manon Vermeulen within 7 days after delivery of the service and / or the product, but no later than one month after completion of the entire agreement.. The customer indemnifies Manon Vermeulen for one year after delivery of all legal claims arising from services and / or products provided.
6.6. The customer must make backup copies of all materials / data as described in Article 6.2 that Manon Vermeulen needs for the execution of the agreement. In the event of loss of these materials / data, Manon Vermeulen is not liable for the resulting damage.
6.7. The customer is obliged to maintain the confidentiality of all confidential information that he has obtained in the context of the agreement between the customer and Manon Vermeulen during the collaboration or from another source. Information is considered confidential when this has been communicated by the other party or if this is evident from the standards of reasonableness and fairness.
6.8. The customer can dissolve an agreement relating to the purchase of a product within 14 days without giving reasons. Manon Vermeulen may ask about the reason for the withdrawal, but may not oblige the customer to state the reasons for cancellation.
6.9. The reflection period referred to in Article 6.8 starts on the day after the customer has accepted the offer and / or quotation from Manon Vermeulen.
6.10. If the customer makes use of the right of withdrawal, he will report this to Manon Vermeulen within the reflection period. However, this is only possible if the services of Manon Vermeulen have not yet been used within the 14 day reflection period.
6.11. If the services start within the reflection period referred to in article 6.9, the customer automatically waives the right of withdrawal. The services agreed to must be paid in full.
6.12. Manon Vermeulen can exclude services from the right of withdrawal, this will be indicated to the customer in the offer and again in time for the conclusion of the agreement.
6.13. It is not possible to exchange and / or return purchased digital products, including the online course / coaching. By ordering and paying for the digital products, the customer gains access to his / her purchase. The customer expressly agrees that he / she hereby waives the right to make use of the reflection period and the right to withdraw from the agreement.
ARTICLE 7. DELIVERY AND DELIVERY TIME
7.1. The delivery period to be used by Manon Vermeulen varies per agreement and is determined in consultation with the customer. The delivery time stated by Manon vermeulen starts after the conclusion of the agreement and after receipt of all necessary data and / or materials from the customer.
7.2. A delivery period set by Manon Vermeulen can never be regarded as a deadline. By simply exceeding a delivery period, Manon Vermeulen will not be in default by operation of law.
7.3. If the delivery period is exceeded by more than thirty days, the customer is only entitled to terminate the agreement if Manon Vermeulen, after a proper and as detailed as possible written notice of default, setting a reasonable period for remedying the shortcoming, fails attributable in the fulfillment of the essential obligations under the agreement.
7.4. The customer is obliged to do what is necessary to enable a timely delivery by Manon Vermeulen, including by providing complete, correct and clear information in a timely manner, as stipulated in article 6.2.
7.5. If the customer does not provide Manon Vermeulen with the necessary information or does not provide it in time and the execution of the order / process is delayed as a result, the additional costs resulting from this will be borne by the customer.
7.6. If delivery by Manon Vermeulen is unexpectedly delayed, Manon Vermeulen will notify the customer by email.
7.7. Manon Vermeulen’s obligation to deliver will be fulfilled, subject to proof to the contrary, as soon as the goods/services delivered by Manon Vermeulen have been offered to the customer once.
ARTICLE 8. PAYMENT
8.1. The customer’s payment obligation commences on the day on which the agreement is concluded.
8.2. All invoices sent by Manon Vermeulen must be paid by the customer within 14 days, unless otherwise agreed in writing. Manon Vermeulen offers the possibility to pay invoices in pre-agreed terms.
8.3. In the case of online coaching, the invoice must be paid before the customer’s first session
8.4. If the customer does not comply with his payment obligation on time, the customer is in default by operation of law without further notice of default being required.
8.5. In case of late payment, Manon Vermeulen can decide to put her work “on hold” until the moment of payment. If late payment occurs regularly, Manon Vermeulen can decide to unilaterally terminate the assignment / process.
8.6. In the event of late payment, the customer is also due the amount plus the statutory (commercial) interest, obliged to pay €50.00 excluding VAT at the second reminder and a full reimbursement of both extrajudicial and judicial collection costs, including the costs for lawyers, lawyers, bailiffs, collection agencies and the any legal proceedings before the court or the court of appeal.
8.7. The claim for payment is immediately due and payable in the event that the customer is declared bankrupt, applies for a moratorium, or if the customer’s assets are seized in full, the customer dies and furthermore, if it goes into liquidation or is dissolved.
8.8. In the above cases, Manon Vermeulen also has the right to terminate or suspend performance of the agreement or any part thereof that has not yet been performed without notice of default or judicial intervention, without being entitled to compensation for damage for the customer that may arise as a result.
8.9. The customer agrees that Manon Vermeulen will invoice electronically.
8.10. The customer can make objections to the invoices sent by Manon Vermeulen known in writing to Manon Vermeulenwithin 7 days after the invoice date. After receiving the objection, Manon Vermeulen will investigate the correctness of the invoice amount. Objections to invoices sent do not suspend the customer’s payment obligation.
8.11. All products and services delivered by Manon Vermeulen remain the property of Manon Vermeulen until all amounts owed by the customer to Manon Vermeulen have been paid.
ARTICLE 9. RESERVATION OF PROPERTY & INTELLECTUAL PROPERTY
9.1. All intellectual property rights to all (online) documentation, advice, reports, quotations, proposals, strategies, photos, texts, exercises, content, documents, manuals as well as preparatory material thereof developed or made available within the framework of the services are exclusively vested in Manon Vermeulen unless otherwise agreed in writing. Nothing of this may be copied or reproduced and / or shared with third parties.
9.2. The products and / or services delivered by Manon Vermeulen may never be reproduced or resold, in whole or in part, unless otherwise agreed in writing.
9.3. The content of the website, including but not limited to: the texts, images, design, brands and, are the property of Manon Vermeulen and are protected by copyright and intellectual or industrial property rights that exist under applicable law. Users of the website are not permitted to reproduce or make available the website or any part thereof without the permission of Manon Vermeulen.
9.4. All copyrights and intellectual property on products of the human spirit developed by Manon Vermeulen are and remain the exclusive property of Manon Vermeulen, unless the rights are bought or agreed otherwise.
9.5. All information published by the customer via the products/services delivered by Manon Vermeulen remain the property of the customer.
9.6. Manon Vermeulen is not responsible for any information / content that the customer places on Manon Vermeulen’s servers. If the information / content posted by the customer infringes the rights of third parties in any way or is in violation of laws and regulations, the customer will indemnify Manon Vermeulen against any claims for compensation that third parties may assert as a result of this act of the customer .
9.7. Any action that is in violation of article 9.2 and article 9.3 is considered an infringement of copyright.
9.8. In the event of infringement, Manon vermeulen is entitled to compensation equal to at least twice the license fee applied by it for such a form of use, without losing the right to any compensation.
ARTICLE 10. LIABILITY
10.1. Every agreement between Manon Vermeulen and the customer can be characterized as a best efforts agreement. Manon Vermeulen can therefore never be held liable for results not achieved.
10.2. In the unlikely event that Manon Vermeulen is held liable for the provisions of Article 10.1, any liability is limited to compensation for direct damage up to a maximum of 1 times the amount of the price stipulated for that agreement (excl. VAT). In the case of a continuing performance contract, any liability is limited to compensation for direct damage up to a maximum of the amount of the last invoice paid by the customer.
10.3. In addition to Article 10.2, Manon Vermeulen is then only liable for direct damage. Direct damage should only be 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 to have Manon Vermeulen’s defective performance conform to the agreement, insofar as these can be attributed to Manon Vermeulen:
reasonable costs incurred to prevent or limit damage, insofar as the customer demonstrates that these costs have led to limitation of direct damage as referred to in this article.
10.5. Manon Vermeulen is in any case never liable for: indirect damage, consequential damage, damage due to missed savings, damage due to business interruption, lost profit and for damage caused by loss of data data during the execution of the agreement. In addition, Manon Vermeulen is never liable for mental and psychological damage.
10.6. The customer indemnifies Manon Vermeulen against all claims for compensation that third parties may assert with regard to damage that has been caused in any way by the unlawful or careless use of the products and services provided by Manon Vermeulen to the contractor or employee.
10.7. Manon Vermeulen is never liable for the way in which the customer has received / received the information.
ARTICLE 11. INTERRUPTION OF SERVICES AND FORCE MAJEURE
11.1. Manon Vermeulen is not bound by its obligations under the agreement if compliance has become impossible due to force majeure. If the force majeure continues for a period of 60 days, both parties are entitled to dissolve the agreement. That which has already been performed under the agreement will then be settled proportionately.
11.2. For some activities, Manon Vermeulen is dependent on the cooperation, services and supplies of third parties, over which Manon Vermeulen has little or no influence. Manon Vermeulen can therefore in no way be held liable for any damage whatsoever arising from a situation in which the shortcoming is attributable to a third party with whom Manon Vermeulen has entered into an agreement.
11.3. In addition to the provisions of paragraph 11.1, force majeure certainly includes everything that has been adopted in this regard in law and jurisprudence.
11.4. In these general terms and conditions, force majeure is understood to mean any circumstance beyond the control of Manon vermeulen – even if this could already have been foreseen at the time the agreement was concluded – that permanently or temporarily prevents fulfillment of the agreement, including but not limited to included: strike, excessive absenteeism by Manon Vermeulen, transport difficulties, fire, epidemics, pandemics, government measures, business disruptions at Manon Vermeulen, breach of contract by suppliers ofManon Vermeulen as a result of which Manon Vermeulen cannot (no longer) fulfill its obligations towards the customer, as well as other serious malfunctions in the company of Manon Vermeulen or its suppliers.
11.5. In case of force majeure, Manon Vermeulen has the right to extend the delivery period by the duration of the force majeure or to dissolve the agreement, insofar as it has not yet been performed, without Manon Vermeulen being obliged to pay any compensation in any form whatsoever, except pursuant to the provisions of Section 78, Book 6 of the Dutch Civil Code.
ARTICLE 12. DURATION OF THE AGREEMENT AND TERMINATION
12.1. If the agreement relates to the periodic or otherwise regular provision of services, the agreement will in principle be entered into between the parties for a period of six months, unless otherwise agreed.
12.2. The right of premature termination of the agreement by the customer is excluded, without prejudice to the other provisions of these general terms and conditions.
12.3. Hourly assignments are entered into without notice. The customer hires Manon Vermeulen for a number of hours to be determined. This collaboration can be terminated by either party without observing a notice period.
12.4. Both parties, both the customer and Manon Vermeulen, have the authority to dissolve the agreement only if the other party, after a proper and as detailed as possible notice of default in writing, setting a reasonable period for remedying the shortcoming, imputably fails to comply. of the essential obligations under the agreement.
12.5. As an exception to the provisions of Article 8.2, Manon Vermeulen can terminate the agreement in whole or in part without notice of default and without judicial intervention by written notification with immediate effect if urgent reasons arise, including in any case the cases in which: the customer is granted (provisional) suspension of payment;
bankruptcy is filed for or pronounced with regard to the customer; there is a suspicion that the customer will not be able to meet his or her payment obligation upon renewal of the agreement; customer acts contrary to public order or morality, or any obligation arising from the agreement with Manon Vermeulen; the customer infringes the rights of third parties; customer acts contrary to reasonable guidelines or directions from Manon Vermeulen; the customer does not respond to correspondence by e-mail, telephone and / or in writing, whether or not by registered mail; for recurring payment problems.
12.6 Manon Vermeulen will never be obliged to pay any compensation on account of this termination, as stipulated in article 12.5.
12.7. If at the time of the dissolution as referred to in Articles 12.3 and 12.4 the customer has already received performances for the implementation of the agreement, these performances and the related payment obligation will not be subject to cancellation. Amounts that Manon Vermeulen has invoiced before the dissolution in connection with what it has already performed or delivered for the execution of the agreement, will remain due in full, with due observance of the previous sentence, and become immediately due and payable at the time of the dissolution.
12.8. Manon Vermeulen reserves the right to change its general terms and conditions, also for existing agreements. If Manon Vermeulen changes the terms and conditions, she will inform the customer of this. The customer is then free to dissolve the agreement from the moment the new general terms and conditions come into effect or up to seven days after the entry into force of these new general terms and conditions.
ARTICLE 13. CONFORMITY
13.1. During the execution of the agreement, Manon Vermeulen will pursue the intended result agreed in the quotation, coaching proposal or product purchased on the website as much as possible. If, in the opinion of the customer, the delivered results do not correspond with the intended result agreed upon in the quotation, the customer and Manon Vermeulen will enter into consultation to ensure that the delivered results meet the intended results.
13.2. In addition to the provisions of Article 13.1, the costs for additional work as referred to in that Article will be invoiced to the customer in accordance with the normal rate of Manon Vermeulen, unless in Manon Vermeulen’s view the customer can demonstrate that the deviations in the result due to the inadequate performance of the agreement on the part of Manon Vermeulen.
13.3. Should it be established that the defectiveness of the services and / or products to be delivered by Manon Vermeulen is at the expense of Manon Vermeulen, the customer is not entitled to compensation or dissolution of the agreement, except for what has been determined in these conditions.
ARTICLE 14. SPECIAL PROVISIONS COACHING MANON VERMEULEN
14.1 Manon Vermeulen offers a coaching program. The customer can purchase this process by sending an e-mail with request to Manon Vermeulen, or by indicating during an introductory meeting that he wishes to start a process.
14.2. In case of closing of the process, the customer agrees to be billed either once or monthly with the installment amount for the route of the customer’s choice. If payment is not made on time, the work will be suspended until payment has been received by Manon Vermeulen.
14.3. The program has a variable duration to be determined.
14.4. Coach sessions take place at a location to be determined by Manon Vermeulen. The default location is online.
14.5. A coaching session from the process can be canceled by the customer up to 24 hours before the start of the conversation. If the appointment is not canceled in time, 100% of the session rate applicable at that time will be charged.
14.6. In case of unforeseen circumstances (education, illness and / or urgent personal circumstances) Manon Vermeulen is entitled to postpone or cancel the appointment. A new appointment is scheduled in consultation with the customer.
14.7. In the event of illness, death of loved ones or other personal circumstances, the trajectory or coaching can be completed or completed differently. This is determined in consultation between Manon Vermeulen and the customer.
ARTICLE 16. SPECIAL PROVISIONS COMPANY TRAINING SERVICES MANON VERMEULEN
16.1. Manon Vermeulen has the right to have certain services performed by third parties without having to notify the customer. If additional costs are incurred as a result of the performance of the services by third parties, these will be passed on to the customer after consultation.
ARTICLE 17. OTHER PROVISIONS AND APPLICABLE LAW
17.1. If any provision of these general terms and conditions is null and void or is nullified, the other provisions of these general terms and conditions will remain in full force and effect and Manon Vermeulen and the customer will enter into consultation in order to agree on new provisions to replace the invalid or voided provisions, whereby the purpose and purport of the invalid or nullified provision are taken into account as much as possible.
17.2. If the customer includes provisions or conditions in his order that deviate from or do not appear in these terms and conditions, these are only binding for Manon Vermeulen if and insofar as they have been explicitly accepted by Manon Vermeulen in writing.
17.3. If Manon Vermeulen deviates from the General Terms and Conditions on its own initiative in favor of the customer, the customer can never derive any rights from this.
17.4. Both the customer and Manon Vermeulen are bound to secrecy of all information they have obtained in the context of this agreement.
17.5. Any purchasing or other conditions of the customer do not apply.
17.6. Rights and obligations arising from an agreement can only be transferred by the customer to a third party if Manon Vermeulen has given written permission for this.
17.7. Only Dutch law applies to all legal relationships to which Manon Vermeulen is a party.
17.8. The customer and Manon Vermeulen will first try to settle any disputes in mutual consultation and amicably before going to court.
17.9. If mandatory legal rules do not provide otherwise, the competent court in the Central Netherlands district, location Amsterdam, is in the first instance authorized to hear disputes between Manon Vermeulen and the customer.