Terms and Conditions
Definitions
- Claudia Kroon – Mommy Mentor: Claudia Kroon – Mommy Mentor, established in Pijnacker under Chamber of Commerce number 81672837.
- Client: the person with whom Claudia Kroon – Mommy Mentor has entered into an agreement.
- Parties: Claudia Kroon – Mommy Mentor and the client together.
Applicability of the general terms and conditions
- These terms and conditions apply to all tenders, offers, work, orders, agreements and supplies of services or products by or on behalf of Claudia Kroon – Mommy Mentor.
- Parties can only deviate from these terms and conditions if they have explicitly agreed so in writing.
- The parties explicitly exclude the applicability of additional and/or different general terms and conditions from the client or third parties.
Prices
- All prices quoted by Claudia Kroon – Mommy Mentor are in euros, include VAT and are exclusive of any other costs such as administration costs, taxes and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise.
- All prices used by Claudia Kroon – Mommy Mentor for products or services, published on the website or otherwise, can be changed at any time by Claudia Kroon – Mommy Mentor.
- Claudia Kroon – Mommy Mentor will inform the client of any price changes in advance.
- The client has the right to cancel the agreement with Claudia Kroon – Mommy Mentor if they do not agree with the price increase.
Payment term & cooling off period
- The client has the right to make use of the legal cooling-off period. This means that the customer has the right to cancel the purchase within 14 days without giving any reason.
- The 14-day cooling-off period starts on the day the customer confirms the purchase of services, e.g. by registering on a sales page.
- The customer can exercise the right of withdrawal by notifying Claudia Kroon – Mommy Mentor in writing via e-mail to hello@claudiakroon.com.
- When cancelling a purchased service the customer receives a full refund of all payments made up to that point. No additional costs will be charged for this.
- Customers have a payment term of 14 days after the invoice date.
Consequences of not paying on time
- If the client does not pay within the agreed period, Claudia Kroon – Mommy Mentor will first send one payment reminder 1 month after the invoice date.
- When the payment reminder is not followed up, Claudia Kroon – Mommy Mentor will start a collection procedure. The client then owes Claudia Kroon – Mommy Mentor extrajudicial collection costs and any damages.
- In the event of late payment by the client, Claudia Kroon – Mommy Mentor is entitled to suspend its obligations until the client has met his/her payment obligations.
- Should the client refuse to cooperate in the execution of the agreement by Claudia Kroon – Mommy Mentor, he/she is still obliged to pay the agreed price to Claudia Kroon – Mommy Mentor.
Guarantee
- When the parties have entered into an agreement to provide services, Claudia Kroon – Mommy Mentor is only obliged to perform to the best of their abilities and is not obliged to achieve a certain result.
- Success cannot be guaranteed, especially since it depends to a large extent on the client’s willingness to become aware and change. Claudia Kroon – Mommy Mentor is a process facilitator – the actual awareness and change work is done by the client.
Execution of the agreement
- Claudia Kroon – Mommy Mentor shall execute the agreement to the best of her knowledge and ability and in accordance with the requirements of good craftsmanship.
- Claudia Kroon – Mommy Mentor has the right to have the agreed services provided (in part) by third parties.
- It is the responsibility of the client to ensure that Claudia Kroon – Mommy Mentor can start working on the agreement in time.
- The parties enter into an agreement for a specific period. This is not a deadline. Exceeding the deadline is therefore not a failure on the part of Claudia Kroon – Mommy Mentor.
Video recordings and photos
- In a 1-on-1 session, the client has the choice of whether or not the session will be recorded. Claudia Kroon – Mommy Mentor will inform the client of this at the start of the session.
- Group sessions take place online. When participating in a group session, the client agrees to the session being recorded.
- The client has the option of turning off the camera if he/she does not wish to take part in the recording.
- Video and photo material taken during group sessions may be used by Claudia Kroon on the website and social media channels, unless you indicate otherwise.
Confidentiality
Coaching is based on cooperation and mutual trust. The parties undertake to observe absolute confidentiality and secrecy regarding all personal information and findings that become known during the coaching process about both parties or third parties. Furthermore, the coach undertakes to observe secrecy concerning this contract and its implementation.
Indemnification
The client indemnifies Claudia Kroon – Mommy Mentor against all third party claims related to products and/or services provided by Claudia Kroon – Mommy Mentor.
Complaints
- The client shall examine a product or service provided by Claudia Kroon – Mommy Mentor for any shortcomings as soon as possible.
- Should a product or service fail to meet the expectations the Customer may reasonably have, the Customer needs to inform Claudia Kroon – Mommy Mentor as soon as possible, but in any case within 1 month after the shortcomings were discovered.
- The client must provide as detailed a description as possible of the shortcomings, to enable Claudia Kroon – Mommy Mentor to respond adequately.
- The Customer must demonstrate that the complaint relates to an agreement between the parties.
- If a complaint concerns ongoing activities, this may not lead to Claudia Kroon – Mommy Mentor being required to perform other work than agreed.
Notice of default
- The client must notify Claudia Kroon – Mommy Mentor in writing of any notice of default.
- It is the responsibility of the client to ensure that the notice of default actually reaches Claudia Kroon – Mommy Mentor (in a timely fashion).
Liability of Claudia Kroon – Mommy Mentor
- Claudia Kroon – Mommy Mentor is exclusively liable for any damage suffered by the client if and insofar as this damage was caused by intent or conscious recklessness.
- If Claudia Kroon – Mommy Mentor is liable for any damage, it is only liable for direct damage resulting from or related to the execution of an agreement.
- Claudia Kroon – Mommy Mentor is never liable for indirect damage, such as consequential loss, lost profit, missed savings or damage to third parties.
- If Claudia Kroon – Mommy Mentor is liable, this liability shall be limited to the amount paid out by a professional liability insurance policy taken out; in the absence of (full) payment by an insurance company of the damage amount, liability shall be limited to the (part of the) invoice amount to which the liability pertains.
Responsibilities of the client
- The customer shall mention any psychological complaints prior to the purchase of a service.
- The client answers questions about his/her (mental) health to the best of his/her knowledge and lends his/her cooperation in an intake interview, so that Claudia Kroon – Mommy Mentor can best assess whether her services are adequate.
- The client acknowledges that mentoring and coaching are not psychotherapy and do not claim to identify, cure or alleviate disorders with a risk of illness. Coaching is a free and self-responsible process.
- The client is at all times responsible for their own physical and mental health.
- The client further acknowledges that guidance in the coaching process is no substitute for medical or psychiatric treatment.
Expiry date
All rights of the client to claim compensation from Claudia Kroon – Mommy Mentor lapse in any event 12 months after the event from which the liability arose directly or indirectly. This does not exclude the provisions of article 6:89 of the Dutch Civil Code.
Right of rescission
- The client has the right to dissolve the agreement when Claudia Kroon – Mommy Mentor fails imputably in the fulfilment of its obligations, unless this failure does not justify the dissolution given its special nature or minor importance.
- If fulfilment of the obligations by Claudia Kroon – Mommy Mentor is not permanently or temporarily impossible, dissolution can only take place after Claudia Kroon – Mommy Mentor is in default.
- Claudia Kroon – Mommy Mentor has the right to dissolve the agreement with the client in the event the client fails to fully or timely meet his/her obligations under the agreement, or in the event Claudia Kroon – Mommy Mentor learns of circumstances giving them good reason to fear that the client will not be able to adequately meet his/her obligations.
Force majeure
- In addition to the provisions in article 6:75 of the Dutch Civil Code, a failure by Claudia Kroon – Mommy Mentor to meet any obligation towards the client cannot be held accountable to Claudia Kroon – Mommy Mentor in a situation independent of the will of Claudia Kroon – Mommy Mentor, whereby the fulfilment of the obligations towards the client is fully or partially hindered or whereby the fulfilment of the obligations cannot reasonably be required from Claudia Kroon – Mommy Mentor.
- The force majeure situations referred to in clause 1 include – but are not limited to – states of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, adverse weather conditions and work stoppages.
- In the event of force majeure preventing Claudia Kroon – Mommy Mentor from fulfilling one or more obligations to the client, these obligations will be suspended until Claudia Kroon – Mommy Mentor can fulfil them again.
- From the moment that a situation of force majeure has lasted for at least 30 calendar days, either party may dissolve the agreement in full or in part in writing.
Claudia Kroon – Mommy Mentor is not liable for any (compensation) payments in the event of force majeure, not even if it gains any benefit from the force majeure situation.
Amendments to the agreement
If, after the agreement has been concluded, it appears necessary for its implementation to amend or supplement the contents thereof, the parties shall amend the agreement accordingly in good time and in mutual consultation.
Amendments to general terms and conditions
- Claudia Kroon – Mommy Mentor is entitled to amend or supplement these general terms and conditions.
- Minor changes may be made at any time.
- Claudia Kroon – Mommy Mentor will discuss major changes with the client in advance where possible.
- Clients are entitled to terminate the agreement in the event of a substantial change in the general terms and conditions.
Consequences of nullity or voidability
- Should one or more provisions of these general conditions prove to be void or voidable, this shall not affect the other provisions of these conditions.
- A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Claudia Kroon – Mommy Mentor had in mind when drawing up the terms and conditions.
Applicable law and competent judge
- Dutch law applies exclusively to all agreements between the parties.
- The Dutch judge in the district where Claudia Kroon – Mommy Mentor has its registered office / practice / office is exclusively competent to take cognizance of any disputes between parties, unless the law imperatively dictates otherwise.
Drawn up on 11 July 2021.