General Terms and Conditions of Meer Inspiration
In these general terms and conditions, the terms below shall have the following meanings:
a. Meer Inspiration: Meer Inspiration of Holten, listed in the trade register of the Chamber of Commerce under number 08153988
b. Client: Any natural or legal person that contracts Meer Inspiration to perform Services and/or supply Products.
c. Services: All services performed by Meer Inspiration, such as coaching, training, consultancy and other forms of counselling, holding lectures and workshops, all in the broadest sense, including the provision of Services through Skype, as well as the performance of any other work carried out by the Client in the context of the contract, including activities that are not performed at the Client’s express request.
d. Products: All goods delivered to the Client by Meer Inspiration.
e. Agreement: Any arrangement between the Client and Meer Inspiration regarding the performance of Services and/or the supply of Products.
f. Participant: Any natural person other than the Client participating in a Programme, lecture or workshop.
g. Programme: A coaching, training, consultancy or counselling programme.
2.1 These general terms and conditions apply to all quotes and Agreements for the performance of Services and/or supply of Products by Meer Inspiration. Any deviations from these general terms and conditions shall only be valid if they are expressly agreed in writing.
2.2 Any purchase conditions or other general terms and conditions of the Client shall not apply, unless Meer Inspiration has expressly accepted the same in writing.
2.3 If any provision of these general terms and conditions is invalid or unenforceable, the other provisions of these general terms and conditions shall remain in full effect. Moreover, any such invalid or unenforceable provision shall be converted into a provision that, to the maximum extent possible, has the same effect.
2.4 These general terms and conditions shall also apply to any additional orders and follow-up orders from the Client.
2.5 These general terms and conditions comprise a general section and special sections on the performance of Services and the supply of Products.
- Start of the Agreement
3.1 The Agreement shall take effect when the Client accepts a quote from Meer Inspiration in writing, when Meer Inspiration confirms a verbal order from the Client in writing or when the Client places an order in the web shop of the Meer Inspiration website after Meer Inspiration has confirmed this order by email.
3.2 All quotes issued by Meer Inspiration shall be free of obligation and valid for three months, unless expressly stated otherwise.
- Prices, fee, invoicing and payment
4.1 All prices stated on the Meer Inspiration website include turnover tax (VAT) but do not include shipping. The prices are stated in euros.
4.2 Meer Inspiration’s fee consists of the rates it charges for any Services offered or agreed upon. The rates are stated on the Meer Inspiration website. Circle of Energy shall be entitled to change any agreed rates from time to time.
4.3 Invoicing and payment for the agreed Services and the supply of Products shall take place through the Meer Inspiration website prior to the performance of the Services and the supply of the Products.
4.4 If, notwithstanding the provision under 4.3., the Client is invoiced and does not pay within the payment term stated on the invoice or by the agreed date, the Client shall be in default by operation of law without any further notice of default being required. Meer Inspiration shall be entitled to suspend the (further) fulfilment of the Agreement or to terminate the Agreement with immediate effect without judicial intervention.
4.5 From the moment the Client is in default, the Client shall owe Meer Inspiration 5% interest per year on the outstanding amount and 15% collection charges on the outstanding amount for any collection measures taken by Meer Inspiration.
5.1 The offers on the website www.circlesofenergy.com have been compiled with the utmost care. Meer Inspiration endeavours to ensure that the information is complete and accurate. Manifest misspellings and/or errors in images, drawings, descriptions, specifications of sizes or weight, prices or other indications that Meer Inspiration provides on the website shall not be binding on Meer Inspiration.
Any offer shall at least state:
- the key features of the Products and/or Services;
- the price including VAT;
- the delivery costs;
- the methods of payment, delivery and fulfilment of the agreement;
- the option of termination and returning Products;
- any details regarding the warranty on the Products and regarding the Services;
- the term of validity of the offer.
The information referred to under a. through f. shall also be stated in the electronic order confirmation.
5.2 Meer Inspiration reserves at all times the right to refuse or reverse an order placed without stating reasons. Meer Inspiration shall notify the Client as soon as possible of the refusal or reversal in question. If Meer Inspiration decides to refuse or reverse an order placed, Meer Inspiration shall not be obliged in any way to pay the Client any compensation.
6.1 Meer Inspiration shall accept no liability whatsoever towards the Client and/or Participant for any loss or damage arising from or in connection with the Services performed and/or Products supplied.
6.2 If any loss or damage is caused in relation to people or goods by or in connection with the performance of Services and/or supply of Products by Meer Inspiration or otherwise for which Meer Inspiration is liable, that liability shall be limited to the amount paid out under the general (professional) liability insurance policy taken out by Meer Inspiration, including Meer Inspiration’s excess under the policy.
6.3 If and insofar as the loss or damage for which Meer Inspiration is liable is not paid out under the policy referred to under 6.2, Meer Inspiration’s liability shall be limited to the invoice value of the Agreement, at least to that portion of the Agreement to which the liability relates.
6.4 Meer Inspiration expressly accepts no liability for any operating losses or any other indirect or consequential loss or damage of any nature whatsoever.
6.5 If the Client and/or a Participant do/does not bring a legal action against Meer Inspiration within one year of discovering the loss or damage, their right to do so shall lapse.
- Intellectual property
7.1 All intellectual property rights relating to the publications, materials, software, etc. used by Meer Inspiration or issued to the Client or a Participant by Meer Inspiration under the Agreement or to any Products supplied to the Client by Meer Inspiration rest solely with Meer Inspiration or its licensors. The Client and/or Participant may only use the same for the purposes of the Agreement.
7.2 Meer Inspiration shall be entitled to use any knowledge acquired in the fulfilment of the Agreement for other purposes, subject to the provisions of Articles 11.2 and 11.3.
8.1 All personal details that the Client provides to Meer Inspiration in connection with any Services and/or Products that Meer Inspiration offers, performs and/or supplies shall be used solely for the purpose of performing Services and/or supplying Products and shall not be made available to third parties, except as necessary to handle complaints or provide service.
- Applicable law and disputes
9.1 The legal relationship between the Client and Meer Inspiration shall be governed by Netherlands law, to the exclusion of the Vienna Sales Convention.
9.2 Any disputes that cannot be resolved in mutual consultation shall be brought before the competent court in the municipality where Meer Inspiration is domiciled, except if Meer Inspiration, as claimant or applicant, opts for the competent court in the municipality where the Client resides or is domiciled.
SPECIAL TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES
- Fulfilment of the Agreement
10.1 Meer Inspiration shall fulfil the Agreement with due care. An Agreement shall create an obligation for Meer Inspiration to perform and to fulfil the Agreement to the best of its knowledge and its ability.
10.2 If required for the proper fulfilment of the Agreement, Meer Inspiration may have certain activities carried out by third parties, subject to prior consultation with the Client.
10.3 The Client shall ensure that all information that Meer Inspiration states is necessary for the fulfilment of the Agreement shall be issued to Meer Inspiration in full and in good time. If this is not done, Meer Inspiration shall be entitled to suspend the fulfilment of the Agreement and/or charge the Client for the associated costs.
- Cancellation and termination of the Agreement
11.1 The Client shall be authorised to cancel the Agreement subject to the following:
- if an appointment for a one-time session is cancelled within 24 hours prior to commencement, the Client shall owe 100% of the cost;
- if any agreed Programme is cancelled more than two weeks before commencement, the Client shall owe 50% of the cost associated with the cancelled Programme, and if the Client cancels within two weeks of commencement, the Client shall owe 100% of the cost of the cancelled Programme;
- if any agreed lecture or workshop is cancelled more than four weeks before commencement, the Client shall owe 50% of the cost associated with the cancelled lecture or workshop, and if the Client cancels within four weeks of commencement, the Client shall owe 100% of the cost of the cancelled lecture or workshop.
11.2 The Client shall owe 100% of the agreed cost of a one-time session, Programme, lecture or workshop if, also without cancelling, the Client does not make use of the agreed services of Meer Inspiration.
11.3 Meer Inspiration shall be entitled to cancel the Services agreed or refuse, whether or not in the interim, the participation of a Client or Participant without stating reasons. If the Services have not yet commenced, the entire amount already paid to Meer Inspiration shall be refunded to the Client. If the Services have already commenced, any amount already paid for the Services yet to be performed shall be refunded to the Client.
11.4 Meer Inspiration shall be entitled to cancel the Agreement with immediate effect without judicial intervention by means of a written notice of termination to the Client, if any obligation of the Client under the Agreement is not fulfilled within 14 days after written notice of default.
12.1 Subject to any statutory obligation or duty of disclosure, Meer Inspiration shall be obliged to maintain confidentiality towards third parties with regard to all confidential information that it has received from the Client or Participant in connection with the fulfilment of the Agreement. Information shall be confidential if this follows from the nature of the information or if the Client or Participant has notified Meer Inspiration thereof.
12.2 The content and development of contacts in any form whatsoever between Meer Inspiration and the Participant shall be regarded as strictly confidential. Meer Inspiration shall not disclose any details about this to the Client without the Participant’s express permission.
- Right of withdrawal
13.1 If the Agreement has been concluded via the Meer Inspiration website, the Client, as a consumer, shall have the opportunity to cancel the Agreement without stating reasons for 14 days after the start of the Agreement, unless the Services have already been performed within this term with the consent of the Client.
SPECIAL TERMS AND CONDITIONS FOR THE SUPPLY OF PRODUCTS
14.1 Meer Inspiration shall endeavour to deliver orders within 7 working days, but shall in any event deliver within 14 days after the order. If the delivery is delayed or cannot be made or only partially made, Meer Inspiration shall notify the Client within 14 days after the order. Unless expressly agreed otherwise, an agreed delivery or completion deadline shall at all times be a target date. Meer Inspiration shall not be in default by merely failing to meet a (delivery) deadline and this shall not entitle the Client to claim damages, to cancel or terminate the agreement or to not fulfil any obligation to Meer Inspiration.
14.2 The delivery address shall be the address specified by the Client.
- Right of withdrawal and right of return
15.1 As a consumer, the Client shall have the opportunity to terminate the agreement without stating reasons for 14 days after receipt of the Products.
15.2 As a consumer, the Client shall return any Products at its own expense and risk. As a consumer, it shall be up to the Client to prove that the Products have been presented for return shipment, for example by means of a track & trace code from the sub post office.
15.3 The Products must be returned in their original condition, without any signs of use or damage, and in the original, undamaged packaging of Meer Inspiration.
- Inspection and complaints
16.1. Immediately on or after delivery, the Client shall be obliged to check whether the delivery corresponds to the agreement and to examine the goods specifically for soundness, integrity and completeness.
16.2 If the packaging of any item that the Client receives is damaged, the Client must not open this packaging but instead notify Meer Inspiration immediately.
16.3 If the Client discovers any defects and/or shortcomings during the check referred to in paragraph 1, the Client must report the same to Meer Inspiration in writing within three days after delivery. If the Client fails to do so within the period stated in this paragraph, any claims against Meer Inspiration in respect of these shortcomings or defects shall lapse.
16.4 Meer Inspiration shall not handle any complaints that have resulted from use and relate to wear and tear or damage.
16.5 Any complaint the Client may have with regard to the goods delivered by Meer Inspiration must be reported to Meer Inspiration by email, after which the complaint shall be handled within a reasonable period of time.