Terms & Conditions
In these general terms and conditions, the following terms, when written with a capital letter, mean:
“General Terms and Conditions”: these general terms and conditions;
‘Fleur van Deventer’: the solo propiertorship of Fleur van Deventer, established at (3123 EE) Schiedam at Heelmeesterstraat 59, registered in the trade register of the Chamber of Commerce under number 72555424. Fleur van Deventer is registered at the Collective Alternative Therapists under number CL3630- 06-05-20;
“Customer”: a natural person who does not act in the course of a profession or business that contacts Fleur van Deventer in connection with a possible Agreement to be concluded or has concluded an Agreement with Fleur van Deventer;
“Assignment”: all activities and / or services, including therapy, yoga and coaching, under the Agreement that Fleur van Deventer must perform for the Client. These activities and / or services can have a one-off or more structural (process) character;
“Agreement”: agreement between Fleur van Deventer and the Client on the basis of which Fleur van Deventer carries out an Assignment on behalf of the Client;
“Party”: Fleur van Deventer or the Client individually;
“Parties”: Fleur van Deventer and the Client jointly.
-Quotations, Assignment and obligations Customer
Offers are made in writing and have a validity of 2 (two) weeks.
A description of the Assignment is part of the quotation. If the description offers options for the manner in which the Assignment will be carried out, the Client must inform Fleur van Deventer before or upon approval of the Assignment about the choice (s) she has made.
Before concluding the Agreement, the Client will be informed by Fleur van Deventer about:
a) the intake procedure used;
b) the (intended) results and (possible) consequences of the treatment;
c) (possible) alternatives to the treatment;
d) the price of the treatment and the method of payment;
e) the reflection period in order to reach an informed decision;
f) follow information / instructions for the Client prior to the Assignment;
g) these General Terms and Conditions;
After approval of the Assignment, Fleur van Deventer will send the Client a written Assignment Confirmation.
Any additional agreements or changes made later, as well as (verbal) commitments by and / or agreements with subordinates and / or employees of Fleur van Deventer, do not bind Fleur van Deventer other than after and insofar as they have been confirmed in writing by Fleur van Deventer.
Fleur van Deventer will observe the requirements of good workmanship in the execution of the Agreement. Fleur van Deventer will execute the Agreement to the best of its knowledge and ability, based on the state of the art at that time. Fleur van Deventer has a best effort obligation in the implementation of the Agreement and no obligation to achieve results.
-Change or cancellation
Fleur van Deventer can prematurely terminate or change the Agreement without notice if there are circumstances that make the execution of the Agreement impossible or which prevent unaltered maintenance of the Agreement from Fleur van Deventer. This is in any case valid if the Client acts in contravention of the Agreement or these General Terms and Conditions.
The Client can cancel the Assignment at any time. If so, when the Client terminates the Order, he must reimburse Fleur van Deventer for the costs incurred by Fleur van Deventer up to the cancellation.
If the Client changes a date and / or time of an appointment, this will incur costs for the Client. In such a case, Fleur van Deventer is allowed to charge the costs of the scheduled appointment. This is only different if the change request has reached Fleur van Deventer at least 48 hours before the planned date, in which case the change is free of charge for the Customer.
-No medical services
The employees associated with Fleur van Deventer are no doctors, psychiatrists or other BIG registered therapists. Fleur van Deventer does not provide medical diagnoses, prescribe medicines or provide medical services.
All prices include any turnover tax payable and other levies imposed by the government.
All costs that third parties charge to Fleur van Deventer after commencement of the Assignment and within the framework of the Assignment will be borne by the Client.
-Invoicing and payment
In the event of one-off work and / or services to be performed by Fleur van Deventer, the Client must pay in cash, by debit card or transaction before or right after termination of the Assignment. The Customer will receive the invoice by email.
If there are activities and / or services to be performed by Fleur van Deventer of a structural nature, payment will be made within 7 (seven) days of the invoice date.
Fleur van Deventer is entitled to request a reasonable deposit from the Client. Payment of this advance must be made within the payment term stated on the invoice. As long as the requested down payment has not been made, Fleur van Deventer is not obliged to (further) execute the Agreement.
The terms used by Fleur van Deventer are deadlines. If the payment obligation is not met in time, the Customer is in default by operation of law. In that case, Fleur van Deventer is entitled to suspend its obligations under the Agreement. In addition, Fleur van Deventer is entitled, without further notice or notice of default, to charge the statutory interest per month or part of the month on the amount due, for the period in which the Customer is in default.
Fleur van Deventer’s claim for payment by the Customer is immediately due and payable as soon as the payment term has been exceeded.
Fleur van Deventer’s liability to the Client is at all times limited to the amount paid out by its insurer in this respect. If Fleur van Deventer ‘insurer does not pay or if the insurance does not provide cover, Fleur van Deventer’ liability will in all cases be limited to the invoice value of the Assignment.
Fleur van Deventer is not liable for damage caused by its subordinates and / or third parties engaged in the execution of the Agreement.
The Client indemnifies Fleur van Deventer against all claims from third parties who suffer damage in connection with the execution of the Agreement, regardless of the cause or at what time the damage was suffered.
All intellectual property on works produced by Fleur van Deventer, or products, including sound recordings, belongs to Fleur van Deventer.
The Customer is not allowed to publish and / or reproduce the works or products manufactured by Fleur van Deventer, subject to Fleur van Deventer’s written permission.
-Personal data and privacy
Insofar as personal data are processed in the context of carrying out the Assignment, these personal data will be processed in a proper and careful manner in accordance with the General Data Protection Regulation.
Technical and organizational measures will be taken to protect the personal data against loss or any other form of unlawful processing, taking into account the state of the art and the nature of the processing.
Both Fleur van Deventer and the Client are obliged, during the term of the Agreement and after its termination, to observe strict confidentiality regarding all matters of which the confidential nature can be deemed to be known to both.
The obligation of secrecy lapses if Fleur van Deventer and / or the Client is obliged to provide the confidential information to third parties on the basis of a legal regulation or court decision.
All correspondence, documents and other confidential matters (including copies thereof) which the Customer has or will have in his possession and which relate to Fleur van Deventer are and remain the property of Fleur van Deventer and will be returned to Fleur van Deventer immediately upon termination of this Agreement. , insofar as any (legal) rules do not prevent this.
Force majeure on the part of Fleur van Deventer exists if Fleur van Deventer is prevented from fulfilling its obligations under the Agreement as a result of circumstances that arose through no fault of Fleur van Deventer, even if these were at the time of the creation of the Agreement already foreseen.
Fleur van Deventer has the right to suspend the fulfillment of its obligations in the event and for the duration of a force majeure situation.
If completion of the Assignment is delayed as a result of force majeure such that completion of the Assignment is not expected within 60 days, the Parties are entitled to dissolve the Agreement. In that case, Fleur van Deventer is entitled to reimbursement of the costs incurred by it.
-Applicable law and competent court
Dutch law applies to this Agreement.
The competent court of the District Court of Rotterdam, location Rotterdam, has jurisdiction to hear all disputes arising from or related to the Agreement.