Terms and Conditions

GENERAL TERMS AND CONDITIONS OF YOUR HEALTH COACH | SABINE HEIJMAN

1. Definitions
1.1 In these general terms and conditions and the agreements to which they apply, the following terms have the following meanings:
Provider: Your Health Coach | Sabine Heijman, located in The Hague;
Customer: the natural person or legal entity acting in the course of a profession or business and wishing to purchase/taking delivery of a specific service or product from the provider;
Agreement: the agreement for the provision of services or purchase of products between the provider and the customer, and all further actions between the provider and the customer regarding the sale and delivery of services or products, including offers and registration procedures, and including the applicable general terms and conditions;
Products: the products to be sold and delivered or sold and delivered by the provider to the customer, whether online or not, such as e-books;
Services: the services to be provided or provided by the provider to the customer, such as workouts, training, retreats, and coaching;
General Terms and Conditions: these general terms and conditions;
Program: a program offered by the provider with various components, such as workouts, training, and/or coaching, provided over an extended period, as further described in the provider's informational material;
Online Learning Path: the course or training selected by a customer from the provider's online offering through an online application.
2. General
2.1 These general terms and conditions, excluding the terms of third parties, apply to every delivery of products and services by the provider to the customer, all related agreements, and all actions related to them, both of a preparatory and executive nature, such as an offer and deliveries.
2.2 The applicability of other general terms and conditions (including those of the customer) is excluded.
2.3 Divergent conditions apply only insofar as expressly accepted in writing by the provider and apply only to the specific agreement concerned.
2.4 Changes to and additions to any provision in the agreement are only valid if recorded in writing and signed by both parties.
2.5 If any provision of these general terms and conditions or the agreement is not valid for any reason, the other provisions remain in force.
2.6 If any provision of the general terms and conditions or the agreement is not valid for any reason, the parties will negotiate the content of a new provision, which provision will most closely approximate the content of the original provision.
2.7 For the term "in writing" with regard to communication between the provider and the customer, electronic communication is also understood. The provider's electronic system is deemed to be the sole evidence of the content and timing of the relevant electronic communication.
2.8 The provider's offer is primarily but not exclusively directed at customers acting in the course of a profession or business.
2.9.a The advice and guidance provided by the provider are not a substitute for medical or psychological treatment by a doctor, clinical psychotherapist, or other medical provider. The program, services, and products provided by the provider make no claims, promises, or guarantees that a) any of the methods will cure or treat a disease, b) any of the methods are suitable for the diagnosis or treatment of specific diseases, c) any of the methods can be used to prescribe medication or other remedies.
2.9.b. By accepting the general terms and conditions, the customer confirms that he/she is (physically) healthy according to the "ParQ guidelines." Participation in the program is at the customer's own risk. In case of doubt by the provider or the customer, a doctor should be consulted before the customer can start the program (PMO). Any illness, pain, dizziness, or discomfort must be reported immediately to the customer's own doctor or the nearest hospital (emergency room) and to the provider.
3. Conclusion of the Agreement
3.1 The agreement to participate in a program is concluded by the customer signing the designated registration form or by digital registration by the customer in accordance with the specified registration conditions of the provider, followed by a written notification by the provider of the customer's acceptance into the program.
3.2 The provider will inform the potential customer by email as soon as possible at the email address indicated by the respective party whether the customer has been accepted into the program.
3.3 As long as the notification referred to in Article 3.2 has not taken place, no agreement regarding participation in a program is concluded, and the customer can cancel the registration.
3.4 The agreement to participate in an online learning path is concluded by the digital registration of a customer, following the specified registration conditions, aimed at the conclusion of an agreement to participate in an online learning path.
3.5 The agreement for the purchase of a product is concluded by the electronic acceptance of the customer of the online offer of the provider and compliance with the specified conditions.
3.6 Provider's offers are not binding until an agreement has been concluded between the provider and the customer.
4. Prices
4.1 Prices are non-binding unless specified in an agreement.
4.2 The prices specified by the provider are exclusive of VAT and exclude all other levies, duties, or charges due in connection with the agreement, unless expressly stated otherwise.
4.3 If the price is dependent on information provided by the customer and this information appears to be incorrect or incomplete, the provider has the right to adjust the price accordingly.
5. Payment
5.1 Payment must be made within 14 days of the invoice date, without deduction or setoff.
5.2 Objections to the amount of the invoice do not suspend the payment obligation.
5.3 If the customer does not pay on time, the customer is legally in default without any further notice being required. As a result, the customer owes the statutory interest.
5.4 The provider is entitled to apply the payments made by the customer first to reduce the costs, then to reduce the interest still due, and finally to reduce the principal and the accrued interest.
5.5 If the customer remains in default of any payment, the provider is entitled to suspend the implementation of the agreement or to dissolve the agreement.
5.6 The provider may, without being in default, refuse an offer for payment if the customer designates a different order for the allocation of the payment. The provider may refuse full payment of the principal sum if the accrued interest and collection costs are not also paid.
6. Delivery and Implementation
6.1 Products and services are delivered electronically, unless agreed otherwise in writing.
6.2 Any delivery times specified by the provider are indicative and do not give the customer the right to dissolution or compensation if these delivery times are not met. The delivery times are based on the circumstances known to the provider at the time of entering into the agreement and, as far as the provider depends on third parties, on the information provided by those third parties.
6.3 If the customer requests a change in the agreement, the provider is entitled to adjust the delivery times. If delivery times are exceeded, the customer must give the provider written notice of default.
6.4 After receiving a notice of default, the provider must be given a reasonable period to fulfill its obligations.
6.5 If delivery is made by a third party, the customer must examine the goods upon receipt. If it appears that the delivery is incorrect or incomplete, the customer must report this to the provider within 7 days of delivery, in the absence of which the provider is not obliged to compensate or replace the delivered goods.
6.6 The risk of loss, damage, or depreciation of the products that are the subject of the agreement passes to the customer at the time when they are legally and/or actually delivered to the customer and are brought into the power of the customer or a third party to be designated by the customer.
6.7 If the parties have agreed on delivery in installments, the provider may suspend the next delivery until the customer has paid the amounts due for the previous delivery.
6.8 The provider is entitled to engage third parties in the performance of the agreement.
6.9 The customer is responsible for the necessary permits for the products delivered by the provider.
7. Cancellation and Dissolution
7.1 The customer can cancel the agreement for the provision of services in writing up to 14 days before the agreed start date without giving any reason.
7.2 If the customer cancels the agreement for the provision of services within 14 days before the agreed start date, the customer owes the full agreed price.
7.3 The customer can cancel the agreement for the purchase of products in writing up to 14 days after receipt of the products without giving any reason.
7.4 If the customer cancels the agreement for the purchase of products after 14 days after receipt of the products, the customer owes the full agreed price.
7.5 If the customer cancels the agreement for an online learning path within 14 days after the digital registration, the customer owes the full agreed price.
7.6 If the customer cancels the agreement for an online learning path after 14 days after the digital registration, the customer owes the full agreed price.
7.7 The provider can dissolve the agreement with the customer if the customer is in default of (timely) payment or other obligations arising from the agreement.
7.8 The provider is authorized to dissolve the agreement if it is temporarily or permanently prevented from fulfilling the agreement due to force majeure.
7.9 If the provider dissolves the agreement, the provider will immediately inform the customer of this in writing.
8. Force Majeure
8.1 If the provider cannot fulfill its obligations due to force majeure, the provider is not obliged to fulfill the agreement, and the provider is entitled to suspend its obligations.
8.2 If the force majeure lasts longer than 30 days, the customer is entitled to dissolve the agreement without being entitled to compensation for any damage.
8.3 If the provider has already partially fulfilled its obligations at the time of the occurrence of force majeure or can only partially fulfill its obligations, the provider is entitled to invoice the already delivered or deliverable part separately, and the customer is obliged to pay this invoice as if it were a separate agreement.
8.4 Force majeure means any circumstance beyond the control of the provider that prevents the fulfillment of its obligations in whole or in part. These circumstances include strikes, fire, business disruptions, energy disruptions, disruption of a (telecommunications) network or connection or used communication systems, the non-availability of one or more websites, non-delivery of suppliers or other third parties, government measures, delay in supply, negligence of suppliers and/or manufacturers engaged by the provider, as well as auxiliary persons, sickness of personnel, defects in auxiliary or transport means, defects in products, and defects in products supplied by the provider.
9. Retention of Title
9.1 The provider retains ownership of all products delivered to the customer until the customer has fulfilled all of its payment obligations under the agreement(s) concluded with the provider.
10. Intellectual Property
10.1 All intellectual property rights relating to the products and services, including but not limited to copyrights, trademarks, trade names, and patent rights, rest solely with the provider or its licensors.
10.2 The customer is not permitted to reproduce, disclose, or exploit the products or services, whether or not for payment, except to the extent necessary for the normal use of the products or services.
10.3 The customer is not permitted to remove or modify any designation concerning the confidential nature or concerning copyrights, trademarks, trade names, or other intellectual property rights from the products or services.
10.4 The provider is entitled to take technical measures to protect the products or services. If the provider has protected the products or services by technical measures, the customer is not permitted to remove or circumvent this protection.
11. Confidentiality
11.1 The customer undertakes to keep confidential all information and data from the provider, including but not limited to training methods, programs, and courses, and other confidential information received from the provider, whether or not such information is explicitly designated as confidential.
11.2 The customer is not permitted to disclose, reproduce, or use this information and data for purposes other than the performance of the agreement.
12. Execution by Third Parties
12.1 Provider is authorized to engage third parties for the execution of an agreement.
13. Confidentiality
13.1 Provider shall not disclose substantive information received from the client in the course of the execution of an agreement, unless otherwise agreed or required by law or regulations.
13.2 Clients are obliged to maintain confidentiality of all confidential information obtained in the execution of an agreement regarding a program from the provider or other clients. Information is considered confidential if disclosed by the provider/other participants or if it arises from the nature of the information. In case of doubt, the information is deemed confidential.
14. Intellectual Property Rights
14.1 The intellectual property rights concerning training, programs, documents, brochures, programs, handouts, lectures, exercises, offers, expressions on the internet/site of the provider, e-zines, emails, models, techniques, other documents, and information resulting from the provider's activities and used software belong to the provider or its licensors, unless another rightful owner is indicated.
14.2 The intellectual property right and copyright concerning the expressions mentioned in Article 14.1 are not transferred based on an agreement, unless otherwise agreed in writing.
14.3 Without prior written permission from the provider, it is not allowed to edit, reproduce, or disclose in whole or in part any concept, material, or information provided by the provider, through any medium, to third parties, or make it available for inspection, with or without compensation.
14.4 It is not allowed to remove or modify any indication of rights from information provided by the provider.
15. Suspension and Termination
15.1 If:
1. the client has not, not timely, or not fully fulfilled its payment obligations to the provider;
2. the client applies for its own bankruptcy, is declared bankrupt, or requests a suspension of payments;
3. a decision is made and/or carried out to liquidate the client or terminate the client's business activities;
4. the client, even after notice with a reasonable period for performance, still does not meet its obligations to the provider, the client is deemed to be in default by operation of law. The provider has the right to terminate the agreement immediately or in part, refuse further participation of the client in a program, or suspend obligations (execution of its services), without prejudice to further rights of the provider under the law. In that case, the provider is not obliged to refund amounts already paid or pay damages and remains entitled to amounts not yet paid by the client, which are due under the agreement and become immediately due upon default.
15.2 Upon termination of the agreement, provisions that by their nature are intended to continue will remain in force, including, but not limited to, provisions regarding confidentiality and intellectual property.
16. Personal Data
16.1 Provider treats personal data received in the context of the agreement with the client strictly confidentially and in accordance with applicable privacy laws and regulations.
16.2 Provider includes the name, address, and communication details of the client in a customer database. These are used for the execution of an agreement and can also be used to keep the individuals informed about other services (such as training, events, and programs) by the provider.
16.3 Clients consent to the use of the relevant data for the purpose described above.
16.4 If a client does not wish to receive information about (new) services, he/she can inform the provider at any time, and the provider will then stop providing information.
17. Applicable Law and Jurisdiction
17.1 Dutch law applies to all agreements concluded by the parties. The United Nations Convention on Contracts for the International Sale of Goods (CISG, Vienna Convention) does not apply.
17.2 Any disputes arising from or related to an agreement will initially be submitted to the competent court in The Hague, without prejudice to the right of the provider to submit a dispute to another court authorized by law/treaty.

18. Amendments
18.1 Provider is authorized to amend these general terms and conditions. The client is deemed to have accepted the relevant changes if the client has not received a written objection within 7 days after the provider's notification that the change will take place.

The Hague, 01.01.2024