Denise Roerdink
E-mail: info@deniseroerdink.com

Website: www.deniseroerdink.com

Article 1 – Definitions

Denise Roerdink: The sole proprietorship Denise Roerdink, located in Zieuwent, the Netherlands, KVK 89974697.

Customer: The natural person or legal entity that enters into an agreement with Denise Roerdink for the purchase of services or products.

Parties: Denise Roerdink and the Customer together.

Consumer: A Customer who is a natural person and acts for purposes outside his or her business or professional activity.

Article 2 – Applicability

These terms and conditions apply to all quotes, offers, agreements and deliveries of services or products by or on behalf of Denise Roerdink, including online programs, e-books, personalized products, coaching, readings and treatments.
Deviating from these terms and conditions is only possible in writing and with the consent of both parties.
The applicability of general terms and conditions of the Client or third parties is expressly excluded.
Article 3 – Prices

Prices are listed in euros and include VAT, unless otherwise stated. Any additional costs, such as shipping costs, are listed separately.
Denise Roerdink reserves the right to change prices of products and services. Customers will be informed of this in advance.
Customized products, such as personalized books and specific sessions, may be subject to individual prices that are agreed upon in writing.
Denise Roerdink may deviate up to 10% from the recommended retail price. If the deviation is greater, this will be discussed with the Customer in advance.
In the event of price increases for services or products not yet delivered, the Consumer has the right to cancel the agreement free of charge.
Article 4 – Payments and payment term

For all services and products, such as personalized books, coaching, online programs, and treatments, the full amount must be paid in advance.
Payment must be made within the period stated on the invoice, unless otherwise agreed in writing.
If the Client fails to pay on time, they will automatically be in default and Denise Roerdink reserves the right to suspend the agreement.
All payments must be made using the payment methods indicated by Denise Roerdink.
In the event of late payment, collection costs may be charged in accordance with the statutory provisions.
Article 5 – Right of reclamation

If the Customer fails to pay, Denise Roerdink reserves the right to reclaim products that have already been delivered.
The right of reclamation will be communicated to the Customer in writing or electronically.
The Customer must return the products in question immediately upon receipt of the notification, unless otherwise agreed in writing.
The Customer shall bear the costs of return shipment.
Article 6 – Right of withdrawal

Exceptions to the right of withdrawal:
Personalized products: such as personal books and readings, which are specifically tailored.
Digital content: such as e-books, online programs and other digital products for which delivery has started immediately after the Customer’s consent.
Fully performed services: for which the performance has been completed with the consent of the Customer within the withdrawal period.
For other products or services to which the right of withdrawal applies, a period of 14 days applies, starting on the day after delivery of the product or the start of the service.
Withdrawal must be reported in writing by e-mail to business@deniseroerdink.nl with a clear statement of withdrawal.
Article 7 – Reimbursement of delivery costs

In the event of a valid cancellation, shipping costs already paid will be reimbursed, provided that the entire order is returned.
In the event of a partial return, shipping costs are not eligible for reimbursement.
Article 8 – Reimbursement of return costs

The costs for returning products in the event of cancellation are at the expense of the Customer, unless otherwise agreed in writing.
Article 9 – Right of retention

Denise Roerdink retains the right to retain products or materials from the Client until full payment has been made.
The right of retention also applies to previous outstanding claims arising from an agreement between the parties.
Denise Roerdink is not liable for damage to products or materials that occurs during the retention period.
Article 10 – Retention of title

All products delivered remain the property of Denise Roerdink until full payment has been made by the Customer.
Until ownership has been transferred, the Customer is not permitted to resell, pledge or otherwise encumber the products.
In the event of non-compliance with payment obligations, Denise Roerdink reserves the right to take back the delivered products.
The Customer is liable for damage to products that are delivered under retention of title.
Article 11 – Delivery

Delivery of products and services will take place while stocks last or while the offer is available.
Delivery of physical products will be made to the address provided by the Customer, unless otherwise agreed.
Digital products, such as e-books and online programs, will be delivered via the e-mail address provided or via an online platform.
Denise Roerdink reserves the right to suspend delivery until full payment has been made by the Customer.
In the event of late payment, the Customer cannot claim any form of compensation for late delivery.
Article 12 – Delivery time

The specified delivery times for products and services are indicative. No rights can be derived from this, unless otherwise agreed in writing.
The delivery period starts from the moment the order has been fully completed and payment has been received by Denise Roerdink.
If Denise Roerdink cannot deliver within the agreed period, the Customer will be informed in writing.
If delivery cannot take place within 14 days after the agreed period, the Customer has the right to terminate the agreement in writing.
Article 13 – Actual delivery

The Customer is responsible for correctly and completely providing the information necessary for the delivery of products or services.
If delivery cannot take place due to incorrect or incomplete information provided by the Customer, any additional costs will be borne by the Customer.
Article 14 – Transportation costs

For physical products, transportation costs are at the expense of the Customer, unless otherwise agreed in writing.
Transportation costs are listed separately with the order and form part of the total price.
Article 15 – Packaging and shipping

Physical products are carefully packaged to prevent damage during transportation.
If the packaging is visibly damaged upon receipt, the Customer must report this to the carrier and inform Denise Roerdink in writing.
Denise Roerdink is not responsible for damage caused by the carrier, unless this is the result of gross negligence on the part of Denise Roerdink.
Article 16 – Insurance

The Customer is responsible for insuring physical products against risks such as loss, theft and damage from the moment of delivery.
Insurance does not apply to services and digital products.
Article 17 – Storage

If a Customer does not purchase an ordered product in time or delays delivery, the risk of loss of quality or damage is entirely for the Customer.
Any additional costs arising from the delayed purchase, such as storage costs, are for the account of the Customer.
Article 18 – Guarantee

For services such as coaching, readings and treatments, Denise Roerdink offers a best-efforts obligation, not a results guarantee.
The guarantee on physical products applies exclusively to defects resulting from manufacturing errors and does not apply to:
Normal wear and tear.
Damage caused by improper use.
Modifications or repairs carried out by the Client or third parties.
No warranty is provided for digital products, unless there are technical defects that can be demonstrably attributed to Denise Roerdink.
Article 19 – Execution of the agreement

Denise Roerdink executes the agreement to the best of her knowledge and ability, with due observance of the applicable professional standards.
If necessary, Denise Roerdink can have parts of the service carried out by third parties, provided this does not detract from the quality.
The Client must provide information and cooperation in a timely manner that is necessary for the execution of the agreement.
If the Client does not meet the requirements for the execution of the agreement in a timely manner, this can lead to delays or additional costs, which will be borne by the Client.
Article 20 – Provision of information by the Client

The Client is responsible for the timely and correct provision of all information required for the execution of the agreement.
Denise Roerdink is not liable for damage or delays resulting from incorrect, incomplete or late provision of information by the Client.
At the Client’s request, the information provided will be returned after the agreement has been finalized, unless otherwise agreed.
Additional costs or delays resulting from missing or incorrect information will be fully at the Client’s expense.
Article 21 – Duration of service agreement

The agreement between Denise Roerdink and the Client for a service is entered into for the duration agreed in writing, unless the nature of the agreement dictates otherwise.
In the case of agreements without a predetermined duration, the agreement ends when the agreed service has been fully performed.
In the case of services with a fixed term, the agreement is not tacitly renewed, unless otherwise agreed in writing.
Article 22 – Terminating a fixed-term service

The Client cannot terminate a fixed-term service agreement early, unless otherwise agreed in writing.
After the fixed term has expired, a new agreement can be entered into under the conditions and prices applicable at that time.
Denise Roerdink may terminate the agreement prematurely if the Client fails to comply with the terms of the agreement.
Article 23 – Intellectual property

All intellectual property rights to the products and services provided by Denise Roerdink, such as online programs, e-books, personal books, and other materials, remain the property of Denise Roerdink.
The Client only acquires the right of use and the powers that are explicitly granted within the agreement.
The Client is not permitted to share, copy, edit or publish the materials, content or methodologies of Denise Roerdink without written permission.
Article 24 – Confidentiality

The Client is obliged to maintain confidentiality of all confidential information that they receive within the context of the agreement with Denise Roerdink.
Confidential information includes, but is not limited to, materials and content that are provided for personal development, coaching or other services.
The obligation to maintain confidentiality remains in force even after termination of the agreement.
Exceptions to the confidentiality obligation apply when:
The information was already public before the Client received it.
The information became public through no fault of the Client.
Disclosure is required by law.
Article 25 – Penalty clause

In the event of violation of the article on intellectual property or confidentiality, the Client shall owe Denise Roerdink a penalty of:
€1,000 per violation for consumers.
€5,000 per violation for business Clients.
In addition, a penalty of 5% of the applicable amount shall apply for each day that the violation continues.
The fine does not affect Denise Roerdink’s right to additional compensation.
Article 26 – Indemnification

The Customer indemnifies Denise Roerdink against all claims from third parties arising from the use of the products and services provided by Denise Roerdink, unless there is gross negligence or intent on the part of Denise Roerdink.
Article 27 – Complaints

The Client is obliged to check a delivered product or service for any shortcomings immediately upon receipt.
Complaints about a delivered product or service must be reported in writing within:
1 month after discovery of the shortcoming.
2 months after discovery, if the Client is a consumer.
Complaints should be described in as much detail as possible to enable Denise Roerdink to respond adequately.
Submitting a complaint does not suspend the Customer’s payment obligation.
Article 28 – Notice of default

If the Client is of the opinion that Denise Roerdink is failing to fulfill the agreement, the Client must make this known in writing by means of a notice of default.
The Client must give Denise Roerdink a reasonable period of time to fulfill the obligations.
If Denise Roerdink remains in default after the set period, the Client is entitled to take further steps.
Article 29 – Client Liability

If an agreement is entered into with multiple Clients, they are jointly and severally liable for the fulfillment of the obligations arising from the agreement.
The Client is liable for damage caused by incorrect or incomplete information or by violation of the agreement.
Article 30 – Liability of Denise Roerdink

Denise Roerdink is only liable for direct damage that is the result of intent or deliberate recklessness.
Denise Roerdink’s liability is limited to the amount paid out in the event of a claim under her liability insurance. If there is no insurance cover or the insurance company refuses to pay, liability is limited to the amount of the invoice.
Denise Roerdink is not liable for indirect damage such as consequential damage, loss of income, or damage to third parties.
All images, texts and descriptions on the website or in other promotional material are indicative and cannot give rise to compensation or dissolution of the agreement.
Article 31 – Expiry period

Any right of the Client to compensation from Denise Roerdink expires 12 months after the event from which the liability directly or indirectly arises.
This provision is without prejudice to the provisions of Article 6:89 of the Civil Code on the timely reporting of defects.
Article 32 – Dissolution

The Client may dissolve the agreement if Denise Roerdink imputably fails in the fulfillment of her obligations, unless this shortcoming does not justify the dissolution due to its minor significance or special nature.
Dissolution is only possible after a written notice of default and a reasonable period of time for recovery.
Denise Roerdink may terminate the agreement if the Client does not fulfill his obligations, or does not fulfill them in time or in full, or if there is a well-founded fear that the Client will not fulfill his obligations.
Article 33 – Force majeure

In addition to Article 6:75 of the Dutch Civil Code, a shortcoming due to force majeure cannot be attributed to Denise Roerdink.
Force majeure includes, but is not limited to:
Natural disasters, wars, pandemics and other states of emergency.
Disruptions at suppliers, carriers, or third parties.
Power, internet, or communication disruptions.
Government measures or work interruptions.
In the event of force majeure, obligations will be suspended until the situation has been resolved.
If the force majeure situation lasts longer than 30 days, both parties may terminate the agreement in writing without being entitled to compensation.
Denise Roerdink is not liable for any damage or loss of profit as a result of force majeure.
Article 34 – Amendment of agreement

If the implementation of the agreement changes due to circumstances, the parties may jointly amend the agreement.
Amendments shall be agreed in writing and shall only be binding after approval by both parties.
Article 35 – Amendment of general terms and conditions

Denise Roerdink may amend these general terms and conditions.
Minor adjustments that do not affect the substantive rights or obligations of the Customer may be implemented without prior notification.
In the event of significant changes, the Customer will be informed in advance.
In the event of significant changes, consumers may terminate the agreement free of charge if the new conditions prove unacceptable.
Article 36 – Transfer of rights

The Customer may not transfer any rights or obligations arising from the agreement without written permission from Denise Roerdink.
This provision has effect under property law, as referred to in Article 3:83 paragraph 2 of the Dutch Civil Code.
Article 37 – Consequences of nullity or voidability

If a provision in these general terms and conditions is declared null and void or voidable, the other provisions remain in full force.
The null and void or voidable provision will be replaced by a provision that is legally permissible and that is as close as possible to the original intention.
Article 38 – Applicable law and competent court

All agreements between the Client and Denise Roerdink are exclusively governed by Dutch law.
Any disputes will be submitted to the competent court in the district where Denise Roerdink has its registered office, unless otherwise prescribed by law.
Drafted on September 28, 2023.