General Terms and Conditions for Providing Services and Products
Veenstra Brain & Behaviour Consultancy
Article 1. Definitions
In these general terms and conditions, the following definitions apply:
1. Contractor: Veenstra Brain & Behaviour Consultancy, represented by Nienke Veenstra, who applies these general terms and conditions in an agreement.
2. Client: The natural or legal person, acting or not acting in the exercise of a profession or business, who issues the assignment for work to the Contractor.
3. Buyer: The natural or legal person, acting or not acting in the exercise of a profession or business, who purchases a product or service from the Contractor.
4. Services: All services provided by the Contractor to the Client and/or Buyer, including consultancy, coaching, and analysis.
5. Products: All products delivered by the Contractor to the Client and/or Buyer.
6. Coachee: The individual participating in a course, coaching, or guidance program, who may or may not be the Client.
7. Courses, Guidance, and Coaching Programs: Structured, tailored coaching and guidance, including but not limited to workshops, consultations, and case analyses.
8. Digital Content: E-books, online resources, and data delivered in digital form.
9. Durable Data Carrier: Any device enabling the Client to store information personally addressed to them in a way accessible for future reference, such as email.
10. Distance Contract: An agreement concluded exclusively via techniques for distance communication, such as online platforms or email.
11. Techniques for Distance Communication: Means used for concluding an agreement without simultaneous physical presence of both parties.
12. Continuous Contract: An agreement for the regular provision of goods, services, and/or digital content over a specified period.
Article 2. Identity of the Contractor:
Veenstra Brain & Behaviour Consultancy
Postal Address:
Klipperwerf 15
2317 DX Leiden (ZH)
The Netherlands
Visitor Address:
Esweg 42
7683 VK Den Ham (OV)
The Netherlands
Email: connect@nienkeveenstra.com
Chamber of Commerce No: 88360105
VAT ID: NL004591234B94
Article 3. Applicability of These Terms and Conditions
1. These general terms and conditions apply to all offers, quotations, and agreements between the Contractor and the Buyer/Client unless expressly agreed otherwise in writing.
2. Not only the Contractor but also all natural persons, legal entities, and/or third parties engaged by the Contractor in the execution of any order may invoke these general terms and conditions.
3. Deviations are valid only if expressly agreed upon in writing.
4. These terms and conditions prevail over any purchase or other terms of the Buyer/Client unless explicitly accepted in writing by the Contractor.
5. Before the remote agreement is concluded, the text of these general terms and conditions shall be made available to the Customer/Client. If this is not reasonably possible, the Contractor shall, prior to the conclusion of the Distance Contract, indicate the manner in which the General Terms and Conditions can be inspected at the Buyer/Client’s premises and that they will be sent free of charge to the Buyer/Client upon request.
6. If the distance contract is concluded electronically, the text of these General Terms and Conditions may be made available to the Buyer/Client electronically in such a way that it can be easily stored by the Buyer/Client on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance agreement, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the request of the Buyer/Client.
7. In the event that specific product or service conditions apply in addition to these general conditions, paragraphs 5 and 6 shall apply mutatis mutandis, and in the event of conflicting conditions, the Customer/Client may always rely on the applicable provision that is most favorable to it.
Article 4. Quotations/Offers
1. Quotations or offers by the Contractor are non-binding and valid for 30 days unless otherwise specified. The Contractor is only bound by the offers/quotes if the acceptance thereof is confirmed in writing by the Buyer/Client within 30 days.
2. Prices quoted are exclusive of VAT and any additional costs unless otherwise indicated.
3. Mistakes or errors in the quotation do not bind the Contractor.
4. Each quotation/offer shall clearly outline the rights and obligations attached to its acceptance by the Buyer/Client.
5. A composite quotation does not obligate the Contractor to perform any part of the quotation/offer at a corresponding portion of the total price.
Article 5. Formation of Agreement
1. The agreement comes into effect at the time of acceptance by the Buyer/Client of the quotation/offer and fulfillment of the conditions set forth therein.
2. If the Buyer/Client has accepted the offer electronically, the Contractor will confirm receipt of the acceptance as soon as possible by electronic means. As long as the receipt of this acceptance has not been confirmed by the Contractor, the Buyer/Client may dissolve the Agreement. Failure to timely acknowledge receipt of a quotation/offer shall constitute its rejection.
3. If the contract is concluded exclusively through the exchange of electronic mail or a similar form of individual communication, paragraph 2 does not apply.
4. If the agreement is concluded electronically, the Contractor shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the Buyer/Client can pay electronically, the Contractor will observe appropriate security measures for this purpose.
5. The Contractor may, within legal frameworks, inform itself whether the Buyer/Client can meet its payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If the Contractor has good grounds based on this investigation not to enter into the agreement, it is entitled to refuse an order or application or to attach special conditions to the execution, giving reasons.
6. The Contractor will include the following information, in writing or in such a way that it can be stored by the Buyer/Client in an accessible manner on a durable data carrier, no later than upon delivery of the product, service, or digital content:
a. The visiting address of the Contractor’s branch office to which the Buyer/Client can address complaints;
b. The conditions under which and the manner in which the Buyer/Client can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
c. The information about warranties and existing service after purchase;
d. The price including all taxes of the product, service, or digital content; to the extent applicable, the cost of delivery; and the method of payment, delivery, or performance of the remote agreement;
e. The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
f. If the Buyer/Client has a right of withdrawal, the model withdrawal form.
7. In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.
8. The Buyer/Client must be of age or order with the consent of a guardian.
Article 6. Reflection Period
1. The Buyer/Client may dissolve an agreement during a 14-day cooling-off period without giving reasons. The Contractor may ask the Customer/Client about the reason for dissolution but may not require it to provide such reasons. Within this period, the Buyer/Client may cancel free of charge. After that, the agreement is final.
2. The 14-day cooling-off period does not apply to online guidance, counseling, and coaching programs (Courses) and E-books. After payment, the Customer/Client will receive a download link containing the relevant E-book and/or login details, thereby gaining direct access to the content. The Buyer/Client cannot cancel or claim a refund for E-books, guidance, counseling, or coaching courses once accessed.
Article 7. Engagement of Third Parties
1. The Contractor may engage third parties for the proper execution of the agreement.
2. The Contractor is not liable for shortcomings of third parties engaged with due care.
3. If third parties limit their liability in relation to the Agreement, the Contractor may accept these limitations on behalf of the Customer/Client.
Article 8. Execution of the Agreement
1. Agreements between the Buyer/Client and the Contractor obligate the Contractor to perform to the best of their ability, with reasonable skill and care, but not to guarantee specific outcomes. The Contractor is expected to fulfill its obligations according to the standards of care and craftsmanship at the time of performance.
2. The Buyer/Client must provide all necessary information for proper execution of the Agreement in a timely manner. If the required information is not provided on time, the Contractor may suspend performance or charge additional costs due to the delay.
3. The Contractor is not liable for any loss or damage resulting from reliance on inaccurate or incomplete information provided by the Client, unless such inaccuracy should have been apparent to the Contractor.
Article 9. Modification of the agreement
1. If during the execution of the agreement it appears that for a proper execution it is necessary to change or supplement the work to be done, the parties will adjust the agreement accordingly in good time and in consultation.
2. If the parties agree that the agreement will be amended or supplemented, the time of completion of performance may be affected. The contractor will notify the client as soon as possible.
3. If amending or supplementing the agreement has financial and/or qualitative consequences, the contractor will inform the client in advance.
4. If a fixed fee has been agreed upon, the contractor will indicate the extent to which the amendment or supplement to the agreement will result in an overrun of this fee.
Article 10. Intellectual Property
1. Intellectual property rights to materials provided by the Contractor remain with the Contractor. To the extent that Copyright, trademark, design, trade name, or other intellectual property rights are vested in the services provided by Contractor in performance of the Agreement, intellectual property shall remain with Contractor.
2. Materials are for personal use only and may not be reproduced or distributed without permission. The Buyer/Client may only use the tangible carriers of these rights for the purpose for which they were provided to the Buyer/Client, not multiply them and not change or remove copyright, trademark, design, trade name, and other designations.
2. The Contractor retains the right to use the knowledge acquired in the execution of the work for other purposes, as long as no confidential information is brought to the knowledge of third parties and as long as the knowledge cannot be traced back to the individual Customer/Client.
Article 11. Guidance, Counseling, and Coaching Programs (Courses)
1. In the E-books, guidance, advice, and coaching processes, Courses, knowledge, experience, and tools are exchanged by the Contractor with the Customer/Client. The Contractor provides necessary support within the limits of E-books, guidance, counseling, and coaching programs, Courses.
2. The Customer/Client must reserve sufficient time to attend these guidance, counseling, and coaching courses.
3. During the term of these programs, materials, tools, and other resources will be kept accessible to the Customer/Client online.
4. If third-party plug-ins are recommended or used by the Contractor, the Contractor is not a party to the agreement between the Customer/Client and the plug-in providers. The general terms and conditions of plug-in providers apply. Any fees for the use of plug-ins will be charged directly to the Customer/Client by the plug-in providers.
5. Any additional costs for support with installation or use of plug-ins will be charged to the Customer/Client by the Contractor. These costs will be communicated in advance by email
Article 12. Termination and Duration
1. If the agreement concluded between the parties relates to the provision of the same services or products more than once, it shall be deemed to have been entered into for an indefinite period unless expressly agreed otherwise in writing.
2 Either party may terminate the agreement to provide services or products in writing at any time. If the duration of the assignment is one year or longer, the parties must observe a notice period of at least 3 months, unless otherwise specified.
Article 13. Payment
1. Unless otherwise agreed in writing, payment shall be made within 14 days of the invoice date, in a manner to be indicated by the Contractor, in the currency in which the invoice was issued. Payment will be made without deduction, compensation, or suspension on any account.
2. If the Buyer/Client has not paid by the due date, they will automatically be in default without further notice. In case of default, the Contractor is entitled to suspend all work without being liable for damages.
3. In the event of default of payment, the Buyer/Client will owe statutory (commercial) interest as specified in Section 6:119(a) of the Dutch Civil Code.
4. In case of liquidation, bankruptcy, or suspension of payments of the Buyer/Client, the Contractor’s claims become immediately due and payable.
5. Payments made by the Buyer/Client will first cover interest and costs, and then settle the oldest outstanding invoices, even if the Buyer/Client specifies otherwise.
6. If more effort is required from the Contractor for the performance of the Agreement, the Contractor may demand payment (or equivalent security) before beginning work.
Article 14. Confidentiality
1. The parties are obliged to keep confidential all confidential information obtained from each other or from other sources in the context of their agreement. Information is considered confidential if it has been communicated by the other party or results from the nature of the information.1. The parties are obliged to keep confidential all confidential information obtained from each other or from other sources in the context of their agreement. Information is considered confidential if it has been communicated by the other party or results from the nature of the information.
1. The assignment will not be referenced externally by the Contractor without the client’s permission.
Article 15. Judicial and extrajudicial costs
If the Buyer/Client fails to fulfil its payment obligations or fails to do so on time, then, after the Buyer/Client has been notified of the late payment by the Contractor and the Contractor has granted the Buyer/Client a further 14-day period in which to fulfil its payment obligations, the Buyer/Client, after failing to make payment within this 14-day period, will owe statutory (commercial) interest on the amount still owed pursuant to Section 6:119(a) BW and the Contractor is entitled to charge the Buyer/Client all judicial and extrajudicial costs reasonably incurred. This will always include the costs of collection agencies, as well as the costs and fees of bailiffs and lawyers, even if they exceed the litigation costs to be awarded in court.
Article 16. Liability
1. The Contractor accepts no liability for damage caused by or in connection with services provided, unless the Customer/Client proves that the damage was caused by intent or gross negligence on the part of the Contractor.
2. The Contractor’s liability is limited to the invoice value of the agreement, or at least that part of the agreement to which the liability relates.
3. In the case of an agreement with a term longer than six months, liability is further limited to the invoice amount due over the last six months.
4. If damage is caused to persons or property by the Contractor’s services, the liability is limited to the amount covered by the Contractor’s general liability insurance policy, including any deductible.
5. The Contractor is not liable for trading losses or other indirect or consequential damages of any kind.
Article 17. Force majeure
1. There is force majeure if the Contractor is unexpectedly unable to have trainers, trainers, coaches in the event of illness and/or death, without any culpability on the part of the Contractor. Force majeure also includes, in addition to what is understood in law and jurisprudence in this regard, all external causes, foreseen or unforeseen, which the Contractor cannot influence, but which prevent the Contractor from fulfilling its obligations under the Agreement. Such as power or Internet outages, terrorism, war, extreme weather conditions, pandemics, etc.
2. In such a case of force majeure, the Contractor has the right to modify or cancel the execution of the order until the circumstances causing the force majeure no longer occur.
3. The Contractor shall schedule any new dates for performance in consultation with the Customer/Client and/or Coachee.
4. In case of cancellation on the basis of force majeure, the Contractor is not liable for damages resulting
results for Customer/Client and/or Coachee.
Article 18. Personal data
1. By entering into an agreement with the Contractor, permission is granted to the Contractor for automatic processing of personal data obtained from the agreement. The Contractor will use this personal data exclusively for its own activities.
2. By agreeing to these general terms and conditions, the Buyer/Client gives the Contractor permission to receive emails that can be unsubscribed from.
Article 19. Complaint Resolution
1. Complaints about the performance of the Agreement must be submitted to the Contractor in full and clearly described within a reasonable time after the Buyer/Client has identified defects.
2. Complaints submitted to the Contractor shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the Contractor will respond within the 14-day period with a notice of receipt and an indication of when the Buyer/Client can expect a more detailed response.
3. The Buyer/Client must give the Contractor at least 4 weeks to resolve the complaint by mutual agreement.
Article 19. Governing Law and Disputes
1. These terms and conditions are governed by Dutch law.
2. In the event of any disputes, the parties will first attempt to resolve them among themselves. If this fails, the parties are free to submit the disputes to the competent court. Disputes will be resolved in the Netherlands unless otherwise agreed.
