General Terms and Conditions

Article 1. Identity

• We are ‘Guy Strijbosch | Business Coach’
  You can visit us online via guystrijbosch.nl. Would you rather visit us in person?
  You will find us at the address below.
  Growing Emmen
  De Bukakkers 20 (Office 1.10)
  7811 KZ  Emmen
• Guy Strijbosch | Business Coach: That’s us. You may also see us as ‘the one-man business Guy Strijbosch | Business Coach’. We prefer to stick to Guy Strijbosch. Nice and short.

Article 2. Terms

• Customer: Any natural or legal person who, for whatever reason, enters into a contract with Guy Strijbosch from his profession or company.
• Services: All services that Guy Strijbosch offers via the website.
• The website(s): The websites and/or trade names jointly or separately managed by Guy Strijbosch and registered by us at the Chamber of Commerce.
• Day: Simply, a calendar day.

Article 3. Validity

• All our quotations and offers are without obligation. Unless we have set a term for acceptance in the quotation. A quotation or offer automatically expires when we no longer offer the ordered product or service. Do you not sign the quotation within 14 days? This will also expire. A quotation is one-off. You cannot therefore assume the same agreements for future agreements.
• If there are errors in the quote as a result of a mistake or clerical error, you cannot pin us down on that. Sorry mistake!
• All prices in a quotation or offer are exclusive of VAT. Other government levies and the costs that come on top of the offer are also excluded. By this we also mean travel, accomodation and administration costs: these are not included. Unless we indicate otherwise, of course.
• Do you not agree with all parts in the quotation? Then we have no agreement. Unless we indicate that it is.
• We do not like half measures, so we do not fulfill part of the agreement for part of the agreed price. Offers or quotations do not automatically apply to future orders.
• We put everything in black and white, so our agreements are only concluded in writing.
• The photos on the website largely correspond to our services and products. Does an image or feature differ from the actual product? Then we are not liable.

Article 4. Agreements

• Before we proceed together, we want to make sure that both of us can fulfill our commitments. Therefore, we will only execute an assignment after full agreement on the terms.
• Guy Strijbosch always reserves the right to terminate the agreement at any time we choose. In such a case, we will not pay any compensation. Of course, we do not do this lightly, but it can occur if:
  a. You fail to meet the obligations of the agreement, either wholly or in part, or if you do not meet them on time.
  b. After the agreement is made, we believe that you will not be able to fulfill your obligations.
  c. You are asked to demonstrate that you can meet your obligations under the agreement, but we receive little or no proof of this.
  d. Delays on your part prevent us from meeting the agreed terms.
• Guy Strijbosch may also dissolve the agreement with immediate effect if it is impossible for Guy Strijbosch to deliver.
• Will the agreement be dissolved? Then we can immediately claim our claims. We reserve our claims as set out in the Law and in our agreement.
• Do we have an agreement for an indefinite period? Then we can cancel the agreement with a notice period of 30 days. But of course you can too. Unless we have agreed otherwise in advance. If we have a contract for a certain period of time, only Guy Strijbosch can cancel, with a notice period of 14 days.
• If we terminate the agreement prematurely, we will of course discuss the tasks still to be performed. Is the cancellation attributable to you? Then the costs are for your account.
• We hope not, but it can happen that you end up in bad weather. This includes liquidation, (application for) suspension of payments or bankruptcy, seizure, debt restructuring or any other circumstance as a result of which you no longer have free access to your assets. In such a case, we may immediately terminate our agreement with you or cancel an order or agreement. In doing so, we are under no obligation to pay you or to pay any compensation or damages. In such a case, our claims against you are immediately due and payable.
• Do you (partially) cancel a placed order? Then we will charge you for the ordered or prepared products. This also includes any removal and delivery costs thereof and the reserved working time. Unless a situation has occurred as described in Article 5.4.

Article 5. Applicability

• These Business Terms and Conditions (“Terms and Conditions”) apply exclusively to and form part of every offer from Guy Strijbosch and every agreement between you and us.
• In addition to these General Terms and Conditions, additional terms and conditions may apply to certain products and services. We will of course indicate that properly. Are there differences between the general and additional terms and conditions? Then you can start from the additions. Unless we indicate otherwise, of course.
• The customer can only deviate from one or more provisions if we both agree. So let’s put that in black and white right away. Very handy.
  The general terms and conditions of the customer do not apply.
• Guy Strijbosch may at any time change or supplement the General Terms and Conditions for future orders. Of course we will let you know this within a reasonable period of time, we think that’s so neat. The amended conditions are binding from the date we specify.
• Would you like to read the General Terms and Conditions again? We get that. That is why you can always request them for free. Send an email to [email protected] or visit our website.
• By using our websites or placing an order, you agree to the Terms and Conditions. This also means that you agree to all rights and obligations as stated on our website.
• These Terms and Conditions apply to all customers.

Article 6. Orders and deliveries

• Customer is king. That is why we naturally take care of receiving, delivering and executing orders. And we always take your assessment of requests for services seriously. Promised.
• We will process your request within 2 days after we have received an order confirmation.

Article 7. Payments

• We expect your payment within the term we have specified. And in the currency we invoiced. Are those euros? Then unfortunately it will not work with dollars. Guy Strijbosch can invoice per delivery or order and change the payment term. This may also mean that we set up a payment in advance.
• Do you not pay the invoice on time? In that case we regard this as default and you owe us 8% interest per year. Unless the statutory commercial interest is higher, in which case you must pay it. We calculate the interest on the amount due from the moment you are in default until you have paid the amount. The amount of the outstanding invoices will also be increased by a fixed compensation of 15% of the outstanding amounts with a minimum of € 50 per unpaid invoice. In addition, Guy Strijbosch can also claim the actual damage suffered and costs incurred.
• Do we owe you an amount? Then we may offset this against any amount we still owe you. Unfortunately this is not possible the other way around.
• Do you object to the amount of an invoice? Then you still have to pay, as long as we have not yet settled the matter.
• Are you not fulfilling your obligations to us or not on time? In that case, all costs that we incur to still receive the amount will be for your account. Also any legal costs, if we need a lawyer for this, for example.
• Order on account? Which can. But only with our approval. We determine the payment term. We can change this whenever we want, this also includes setting up payment in advance.
• We may examine your creditworthiness at any time. Of course we always comply with the law. Based on the outcome of such an investigation, we may impose additional conditions on you. Consider, for example, bank guarantees.
• Guy Strijbosch may change credits and payments afterwards on account. We don’t have to give a reason for this.
• Our Terms and Conditions apply to every agreement between us and a third party. We expressly reject other terms and conditions, for example yours.

Article 8. Retention of title

• The products we supply to you remain ours until you have fulfilled all the agreements we have made. Think of the payment, interest or other costs.
• Is a product that we have delivered subject to retention of title? Then you may not resell this product or use it as a means of payment. You may also not give it as collateral or establish any other right to a product.
• We assume that you, as a customer, will do everything you can to secure the property rights of Guy Strijbosch. This means that you store the products subject to retention of title in such a way that they are still recognizable from Guy Strijbosch.
• In this case, you may not remove, damage or obscure identifying marks on the product or the packaging.
• If for any reason your assets or products that we have delivered under retention of title are seized, you as a customer must inform us of this. Are you unable to meet your payment obligations? Then you are obliged to return the products that are still in stock at your own expense
  being us, to give back to us.
• Do you manage products that belong to Guy Strijbosch? Then you are obliged to insure it against fire, theft, explosion and water damage. We also want to see the policy just to be sure. In the event of a payment from the insurance, we are entitled to our money. And if necessary, we naturally expect your cooperation.
• If we want to use the proprietary rights we’ve explained in this article, we expect to get permission from you. This includes telling us where the products are and giving us access to that place.

Article 9. Warranty

• All products we provide to you will work as you may reasonably expect. As long as you use them for their intended purpose, of course. The warranty that we explain in this article applies to products that are used in the Netherlands. Do you use the products outside the Netherlands? Then we can set different warranty and other conditions.
• The warranty we mention in this article is the manufacturer’s warranty provided by the manufacturer of the product. Unless we have agreed otherwise together.
• Are you using the product incorrectly? Then the warranty will expire. This also applies if you use the product after the best before date, store it incorrectly or do not maintain it properly. Even if there are circumstances beyond our control, we unfortunately cannot offer you a guarantee. Consider, for example, extreme weather conditions.
• We expect you as a customer to examine the products we bring to you to see if everything we have agreed is correct.
• Are there visible defects in the products you receive from us? Then you must report this to us within 3 working days. Please do so in writing and in as much detail as possible. Invisible defects must be reported in writing within 5 working days. Don’t you do this?
• This can be done at a later time
  unfortunately not anymore.
• Do you report a defect in your product(s) on time?Then you still have to pay. Of course we will do everything we can to solve the problem. Are you not reporting in time? Then we assume that you accept the products.
  Is your report too late? Unfortunately. Then you are no longer entitled to repair, replacement or compensation.
• Do we agree that your product is not working as you would expect and did you report this in time? Then we will replace the returned product as soon as possible after we have received the return shipment.
• If we cannot replace or repair the product, we will reimburse you.
• Does your complaint appear to be unfounded? Then the costs we have incurred for research are for your account.
• If the warranty period has expired, all costs for repair or replacement are for the customer. This also applies to administration, shipping and call-out costs.
• Have we made or purchased a product or material especially for you? Then we will never take this back.
• If you have caused damage to a returned product yourself, we will not take it back. You will have to pay the costs associated with this. A return shipment must be in the same condition as we delivered the product. All products with a seal or blister packaging may only be returned unopened. These products will of course be taken back if the shortcoming of the product only becomes visible after opening the packaging.

Article 10. Liability

• Are we not fulfilling the agreements we made together? Then our liability is limited as we have indicated in this article.
• Have you shared incorrect or incomplete data with us? Then we are not liable if this causes damage.
• In all cases, our liability will never exceed the invoice value of the part of the order for which we are liable.
• And our liability is never higher than the insurer’s
  amount paid in that specific case.
• We are only liable for direct damage.
• What is that, direct damage? You can think of the reasonable costs to determine the cause and extent of the damage. Or the costs you incur to make our defective performance meet the agreement or the costs you incur to prevent or limit damage. This only applies if you demonstrate that these costs have led to a limitation of direct damage.
• We are never liable for indirect damage. Indirect damage can include lost profit, loss of goodwill, reputation, trade or contracts, missed savings and damage due to business stagnation.
• Are you insured against the damage you have incurred? Then we are not liable.
• Did we cause the damage on purpose or were we deliberately careless? Then we are liable for damage.

Article 11. Risks

• From the moment we have delivered the products or services, Guy Strijbosch is no longer at risk. From that moment on, the risk is yours.
• Can’t the delivery of the products take place and is that your fault? Then you bear the risk. This applies from the original delivery date as we have communicated to you.3. Did we deliver the products or services to the address you specified?
  Then we are no longer at risk.

Article 12. Force majeure

• In the event of force majeure, we do not have to comply with our obligations to you. We are allowed to do this as long as there is force majeure.
• What exactly do we mean by force majeure? Any circumstance beyond our control and/or unforeseeable circumstance that prevents the fulfillment of our obligations towards the customer in whole or in part. That’s legal for:
  a. strikes
  b. illness among staff
  c. fire, flood
  d. water damage
  e. wars and uprisings
  f. export and/or import restrictions
  g. business disruptions
  h. power failures
  i. malfunctions in a (telecommunication) network or connection or used communication systems and/or the unavailability of the website at any time.
  j. non-delivery or late delivery by suppliers or other third parties engaged
  k. the lack of government permits.

Article 13. Intellectual Property

• All intellectual property rights belong to us, our suppliers and other entitled parties.
• What exactly is intellectual property? You can think of patent, copyright, trademark, drawing and design rights, methods and concepts.
• As a customer, you may not use our intellectual property. So don’t make any changes to it. Unless it concerns private use of the product.

Article 14. Confidentiality

• It may happen that you hear or see confidential information when entering into an agreement. If you can reasonably suspect that this information is confidential, you are not allowed to disclose it. We expect that you will not do this in any way and that you will keep this information confidential for up to 2 years after the agreement. Of course, this also applies the other way around, to be fair.
• There are a few exceptions to the duty of confidentiality:
  a. If you already owned or developed the information before you received it from us. Unless you knew the information was confidential.
  b. If the information is already generally available or known at the time you receive the information.
  c. If you have obtained the information from another party, without violating the legal regulations for secrecy. d. If the information must be disclosed in accordance with a legal requirement. You may also share the information if you receive a request from a competent court or government agency, statutory or self-regulatory body.
• Neither party issues press releases. This also means that you do not tell publicly about our cooperation without our permission. Unless you are required to do so by a legally authorized authority.

Article 15. Applicable law

• It may seem obvious, but just to be sure, we’ll put it in black and white: all offers and agreements are governed exclusively by Dutch law.
• The Vienna Sales Convention is expressly excluded. So we don’t do that.
• We hope it won’t happen, but should a disagreement arise between you and Guy Strijbosch based on an offer or agreement, this dispute will be submitted to a court. Not just any judge, but the competent judge of the place where Guy Strijbosch’s registered office is located. That’s legal
  for our address. Is there a mandatory legal provision whereby a different court is designated? It will then be submitted to that designated court.
• If any provision of these Terms and Conditions is held to be unlawful, void or for any other reason unenforceable, then that provision shall be severed from the Terms and Conditions. This does not affect the validity and enforceability of the remaining provisions. They remain in full force. Parties will do everything possible to replace any invalid provision with provisions that are in force.
• Do you want to transfer your rights and obligations under our agreement and these General Terms and Conditions to others? Then you need written permission from us for this.
• We can transfer all rights and obligations under our agreement and these Terms and Conditions to others. Of course we will let you know this.
• We never waive our rights. Not even if we do not exercise our rights or are delayed.