Article 1 Definitions
The Ecopedagogue is a sole proprietorship that aims to provide training, education, coaching, lectures, workshops and training in the field of ecopsychology. In these General Terms and Conditions, 'General Terms and Conditions' means: these General Terms and Conditions. In these General Terms and Conditions, 'Customer' means: the natural person who does not act for purposes related to his business or professional activity (hereinafter: Private Customer ) or the natural person or legal person who acts in the exercise of his business or professional activity (hereinafter: Business Client) and who uses the Services of De Ecopedagogoog. , means: The Ecopedagogue and/or Client. In these General Terms and Conditions, 'Agreement' is understood to mean: the Agreement concluded between Ecopedagogue and the Client, whereby Ecopedagogue commits itself to the Client to provide Services and the Client undertakes to pay a price for this. The Agreement is concluded by an offer from the Ecopedagogue and its acceptance by the Client, which is further specified in Article 4.3 of these General Terms and Conditions. In these General Terms and Conditions, 'Services' means: all Services provided to the Customer by Ecopedagogue and/or third parties engaged by it, including the provision of training courses, lectures and workshops, coaching programs and consultations, as well as all other services provided by Ecopedagogue for the benefit of work performed by the Customer, of any nature whatsoever, in the context of an assignment, including work that is not performed at the express request of the Customer. In these General Terms and Conditions, 'Website' is understood to mean: the Website of Ecopedagoog, which can be consulted via www.ecopedagoog.nl.
Article 2 Identity of Ecopedagogue
Ecopedagogue is registered with the Chamber of Commerce under number 74142828 and bears VAT identification number NL002256425B71. The Ecopedagogue is located at De Nieuwe Erven 3 (5431 NV) in Cuijk. The Ecopedagoog can be reached by e-mail via info@ecopedagoog.nl or via the website www.ecopedagoog.nl and by telephone on 31619101948.
Article 3 Applicability of the General Terms and Conditions
The General Terms and Conditions apply to every offer from Ecopedagogue and to all current and future Agreements, deliveries, commercial relationships and other legal relationships between the Parties. The General Terms and Conditions of the Customer are expressly rejected. Deviations from the General Terms and Conditions are only valid if expressly agreed in writing with Ecopedagogue. The applicability of purchase or other terms and conditions of the Customer is expressly rejected, unless expressly agreed otherwise in writing. The General Terms and Conditions also apply to additional or changed orders from the Client. If it appears that a provision or several provisions in these General Terms and Conditions are null and void, the validity of the other provisions of these General Terms and Conditions as well as the entire Agreement will not be affected. In such a case, the parties will endeavor to replace the invalid provision with a new, valid provision that approaches the invalid provision as closely as possible within the purport of the original General Terms and Conditions.
Article 4 Offer and formation Agreement
The Customer can contact Ecopedagogoog via the Website, e-mail or telephone for one of the Services offered. If Ecopedagogue sends a confirmation to the Client, this confirmation will give direction to the content and explanation of the Agreement, subject to obvious typing errors. Ecopedagogue cannot be held to its offer if the Customer can reasonably understand that the offer, or a part thereof, contains an obvious mistake or error. If the Client makes notes or gives responses to Ecopedagogue's quotation, they do not form part of the Agreement, unless Ecopedagogue confirms this in writing. An assignment by the Client that has not been preceded by a written quotation requires written acceptance by Ecopedagogue.
Article 5 Execution of the Agreement
Ecopedagogue will endeavor to perform the Services to the best of its knowledge and ability and in accordance with the requirements of good workmanship, and as much as possible in accordance with the written agreements. Ecopedagogue only has an obligation of effort and no obligation of result in the provision of the Services. A best efforts obligation is a contractual obligation to make the necessary efforts or to use certain means to achieve the stipulated result, which means that the Ecopedagogue cannot guarantee that the outcomes, results or expectations that the Client will have in the provision of Services for eyes has actually been achieved. The Ecopedagogue does not provide care in any possible way. The Ecopedagogue Services consist of advice and consultations that fall under coaching, training, education and advice. The Customer indicates by agreement that it is aware of the nature of the activities of the Ecopedagogue. The Ecopedagogue has the right to have certain activities performed by third parties. When engaging third parties, the Ecopedagogue will exercise due care and consult with the Client in the selection of these third parties, as far as this is reasonably possible and customary in the relationship with the Client. The costs of engaging these third parties will be borne by the Customer and will be passed on to the Customer by Ecopedagogue. The Agreement can only be executed by Ecopedagogue if the Customer provides complete and correct (contact) details to Ecopedagogue when concluding the Agreement. The Customer therefore ensures that all data, of which Ecopedagogue indicates that they are necessary or of which the Customer should reasonably understand that they are necessary for the execution of the Agreement, are provided to Ecopedagogue in a timely manner. The Client ensures that Ecopedagogue can provide its Services in a timely and proper manner. If the Customer does not comply with its agreements in this regard, it is obliged to compensate the resulting damage.
Article 6 Amendment of the Agreement
If it appears during the implementation of the Agreement that it is necessary to change or supplement it for proper implementation, the Ecopedagogue and the Client will proceed to adjust the Agreement in good time and in mutual consultation. If the Agreement is amended, including an addition, this is an additional assignment. A separate payment agreement will be made in advance for this additional assignment. Without an additional offer, the original terms and conditions apply, whereby the additional Services are paid at the agreed rate. Changes to the originally concluded Agreement between Ecopedagogue and Customer are only valid from the moment that these changes have been accepted by both Parties by means of an additional or amended Agreement. This change will be made in writing.
Article 7 Suspension, dissolution and premature termination of the Agreement
Ecopedagogue is authorized to suspend the fulfillment of the obligations or to dissolve the Agreement, if the Client does not fulfill the obligations under the Agreement, not fully or not on time, or if Ecopedagogue has good grounds to fear that the Client will fail in those obligations, provided that Ecopedagogue has given the Client notice of default by means of a written reminder, whereby the Client is given a reasonable term for the fulfillment of the obligations, and fulfillment within this term is not forthcoming. Ecopedagogue is also authorized to dissolve the Agreement, under the same conditions as referred to in paragraph 1 of this Article, if circumstances arise of such a nature that compliance with the Agreement is impossible or unaltered maintenance of the Agreement cannot reasonably be required. If the Client does not fulfill its obligations arising from the Agreement, this non-compliance justifies dissolution and the Client is in default, Ecopedagogue is entitled to dissolve the Agreement immediately and with immediate effect by means of a written statement to the Client, whereby the Client, under of default, to damages or compensation is mandatory.
Article 8 Cancellation
In the event of cancellation of the Agreement by the Client, Ecopedagogue is entitled to charge the following costs to the Client. In the event of cancellation no later than 4 (four) weeks before the start of the Services, no costs will be charged. In the event of cancellation by organizations and individuals for a training or educational group activity between 2 (two) and 4 (four) weeks before the start of the Services, 50% of the total costs will be charged. In case of cancellation by organizations and individuals for a training or educational group activity shorter than 1 (one) week 100% of the total costs will be charged before the start of the Services. Individual coaching sessions can be canceled by telephone up to 24 hours at the latest. Without timely cancellation, the full amount will be charged. If the coachee does not appear for the scheduled meeting, the same regulations and rates apply as above. The Ecopedagogue reserves the right to cancel or reschedule appointments free of charge in the event of illness, incapacity for work, death or serious illness of family or loved ones, as a result of which it cannot properly carry out its assignment. Cancellation must be made in writing and explicitly stated. confirmed by the Ecopedagogue.
Article 9 Costs, remuneration and payment
All amounts stated in the quotation are in euros and exclusive of VAT, unless stated otherwise. The Ecopedagogue has the right to rectify apparently incorrect entries in the quotation. Payment is made via invoicing. When paying for Products, the Customer is only obliged to pay up to half of the purchase price in advance. The invoice must be paid by the Customer within 30 (thirty) days. The customer is obliged to immediately inform Ecopedagogue of any inaccuracies in the stated or provided payment details. If the Customer fails to pay an invoice on time, the Customer will be in default by operation of law, without further notice of default being required. In that case, the Customer owes the statutory interest. The interest on the due and payable amount will be calculated from the moment that the Client is in default until the moment of payment of the full amount due. If the Ecopedagogue decides to collect a claim due to non-payment of one or more unpaid invoices by legal means, the Client is, in addition to the principal sum due and the interest referred to in Article 9.6, also obliged to pay all reasonable judicial and extrajudicial costs incurred. reimburse. The reimbursement of judicial and extrajudicial costs incurred will be determined in accordance with the then applicable Decree that pertains to compensation for extrajudicial collection costs.
Article 10 Liability
The Customer is responsible for providing correct and representative data and information necessary for the performance of the Agreement. Ecopedagogue is not liable for damage, including on the basis of an incorrect order, if the Customer has provided incorrect, non-representative or irrelevant information. The Ecopedagogue is not liable for errors or omissions of third parties engaged by it. By using the Services of Ecopedagogue, the Client grants Ecopedagogue the authority to, if a third party engaged by Ecopedagogue wants to limit its liability, to accept that limitation of liability also on behalf of the Client. result obligation. Ecopedagogue can therefore not be held liable for dissatisfaction of the Customer with regard to the Services provided. Ecopedagogue only gives advice or consultation and is in no way a care provider. The Services are provided based on the work experience (pedagogical, andragogic, ecopsychological) of Ecopedagogue. The customer knows that he/she is using a preventive pedagogical assignment or training and is aware of the fact that he/she should seek advice from an authorized person (for example the general practitioner) for medical and/or psychological support. The client is aware of the fact that ecopsychology is a new movement within psychology and therefore an assignment regarding this angle falls under coaching.Availability for parents of clients under the age of 18: The parent/guardian must be available by telephone during the sessions .The client is responsible for himself and for his/her deeds and actions. Coaching sessions and consultations cannot be considered as, or a replacement for, medical and/or psychiatric consultations and/or treatments. The Ecopedagogue is never liable for direct or indirect damage, emotional damage or damage resulting from decisions taken by the client, whether or not in consultation with Jongerencoaching Nederland. The Client is at all times responsible for choices made and the consequences thereof. The Ecopedagogue is not liable for indirect damage, including but not limited to consequential damage. The Ecopedagogue is not liable for any errors in writing on the website. The Ecopedagogue is not liable for non-compliance or late fulfillment of the obligations arising from the Agreement, in case this is caused by force majeure as referred to in Article 11. If the Ecopedagogue is held liable, it will only be liable for direct damage that has actually been incurred, paid or suffered by the Customer due to a demonstrable failure of the Ecopedagogue's obligations with regard to its Services. The liability of the Ecopedagogue is limited to the amount covered and paid out by the insurer. If the insurer does not pay out, or if the Ecopedagogue is not insured, the liability is limited to the amount paid by the Client. The limitation of liability as described in this Article does not apply if there is intent or willful recklessness on the part of the Ecopedagogue. This provision does not exclude liability to the extent that liability may not be limited or excluded by law.
Article 11 Force majeure
Force majeure is understood to mean all external causes, beyond the will or actions of the Ecopedagogue, as a result of which timely, complete or correct fulfillment of the Agreement is no longer possible. Force majeure as referred to in the previous paragraph of this Article also includes, but is not limited to: non-compliance by a third party, illness of (staff of) the Ecopedagogue itself or a third party, abnormal weather conditions, malfunctions in water and energy supplies, strikes, serious malfunctions in the Ecopedagogue's systems, fire, floods, natural disasters, pandemics, riots, war or other internal unrest. In the event of force majeure, fulfillment of the Agreement will be suspended for as long as the force majeure continues. In the event of force majeure resulting in one of the Parties failing to fulfill its obligations under the Agreement, the other Party is entitled to terminate the Agreement without judicial intervention. In such a case, the Ecopedagogue will proceed to refund any amounts paid, less all costs that Ecopedagogue has incurred with regard to the Agreement.
Article 12 Confidentiality of data
Each of the Parties guarantees that all information received from the other Party that is known or should be known to be of a confidential nature will remain confidential. The Party that receives confidential information will only use it for the purpose for which it was provided. Information is in any case considered confidential if it has been designated as such by one of the Parties. The Ecopedagogue cannot be held to this if the provision of data to a third party is necessary as a result of a court decision, a statutory regulation or for the correct implementation of the agreement. The Ecopedagogue will keep the notes and other supporting documents created through the assignment for a maximum of 1 (one) year.
Article 13 Intellectual property
The Ecopedagogue reserves the rights and powers that accrue to it under the Copyright Act. The Client guarantees that no rights of third parties oppose making data available to De Ecopedagogoog. The Customer shall indemnify the Ecopedagogue against any action based on the allegation that such making available, using, editing, installing or incorporating any rights of third parties infringe.
Article 14 Complaints procedure
If the Customer has a complaint, the Customer must send this in writing to info@ecopedagoog.nl or report it by telephone via 31619101948. If reasonably possible, the complaint will be handled by the Ecopedagogue 5 (five) working days after receipt of the complaint, after which the Client will receive a substantive response as soon as possible. De Ecopedagogue will make every effort to resolve the complaint with you as satisfactorily as possible. Some of De Ecopedagogue's services fall under the Youth Act, which does not formally provide care. Part of her services fall under youth coaching and parenting support. The Youth Act has its own complaints procedure, whereby complaints can be submitted to an independent complaints committee. If you are not satisfactorily helped with your complaint by the Ecopedagogue and/or want to turn directly to an independent official, De Ecopedagogue has concluded an agreement with SoloPartners, which stipulates that complaints regarding the Youth Act can be submitted to the independent complaints committee of the Complaints Regulations Foundation: https://www.klachtenregeling.nl/klacht-geschil-melden/. Upon entering into an agreement that falls under youth coaching and/or parenting support within the preventive framework, the customer will receive a flow chart regarding this complaints procedure. Other customers have the option of submitting a complaint to the Disputes Committee via the European ODR Platform, which can be found on the website http: //ec.europa.eu/consumers/odr/.
Article 15 Change clause
Ecopedagogue reserves the right to change or supplement these General Terms and Conditions at any time. Ecopedagogue will inform the Client of this in a timely manner. The amended General Terms and Conditions apply to the Agreement one month after notification to the Customer. The Consumer has the option to terminate the Agreement until the day on which the amended General Terms and Conditions take effect at the latest if the amendments result in Ecopedagogue being able to provide Services. that are substantially different from what the Parties agreed upon when concluding the Agreement.
Article 16 Applicable law and competent court
Dutch law applies to the legal relationship(s) between the Ecopedagogue and its Client. All disputes that may arise between Ecopedagogue and the Client will be submitted to the competent court in the district where the Client has his or her place of residence.