General Terms and Conditions
Article 1 Introduction
– Maartje Koper: The V.O.F. Maartje Koper as listed in the trade register of the Chamber of Commerce under number 67703879,
– Services: All services that can be purchased from Maartje Koper, such as but not limited to: Online programs, live meetings, coaching or other programs, Community and events.
– In writing: Both in writing and by email.
Street and correspondence address: ‘t Zand 15, 3544NC Utrecht The Netherlands
Article 2 Scope of application
2.1 These general terms and conditions apply to all offers by, orders placed with and agreements with Maartje Koper.
2.2 Any purchasing or other terms and conditions of the other party are not applicable.
2.3 Deviations from these general terms and conditions are only applicable if and insofar as they have been specifically accepted in writing by Maartje Koper. Such acceptance cannot be inferred from the fact that I have not addressed any statement of applicability by the other party regarding general terms and conditions. Any deviation therefore only applies to the case in question, no rights can be derived from this with regard to legal relationships entered into later.
2.4 If these general terms and conditions have at one time been applicable to a legal relationship between Maartje Koper and the other party, you will be deemed to have agreed in advance to the applicability of these general terms and conditions to agreements subsequently concluded.
2.5 These general terms and conditions also apply to renewal(s) of offers by and agreements with Maartje Koper.
Article 3 Creation of agreement
3.1 All offers of Maartje Koper are free of obligation and nonbinding, unless the contrary is explicitly stated in an individually addressed written offer and a period for acceptance is also stated.
3.2 The prices in the offers and quotations referred to are exclusive of BTW (Dutch VAT) and other state taxes, and any costs incurred in the context of the agreement, including shipping and administration costs, unless otherwise indicated.
3.3 Oral promises made by me are only binding when confirmed in writing.
3.4 Agreements, orders and changes to them only come into being when I have accepted them in writing, or at the moment that I have actually commenced implementation.
3.5 You must ensure that all data, regarding which I indicate that these are necessary or which you should reasonably understand are necessary for the implementation of the agreement, are provided to me in time.
3.6 If the data required for the execution of the agreement are not provided to me in time, I will be entitled to suspend implementation of the agreement and/or to charge the extra costs resulting from the delay to you according to the usual rates.
3.7 If it has been agreed that the agreement will be implemented in phases, I can suspend the implementation of those parts that belong to a following phase until you have approved the results of the preceding phase in writing.
Article 4 Deployment of third parties
4.1 If and inasmuch as is necessary for the proper realisation of the agreement, I will be entitled to have certain work carried out by third parties. I will not be liable for shortcomings of these third parties, except in the event of intent or gross negligence on my part.
4.2 If these third parties wish to limit their liability in connection with the execution of my agreement with you, I assume and, as necessary, confirm that all agreements between you and me incorporate the authority to accept such a limitation of liability on your behalf.
Article 5 Special conditions Community
5.1 If you participate in the ‘Money is Love Community’ (Online or VIP) you will have access to this as long as you are a member. If you terminate your membership, access will expire from the date your membership is terminated.
5.2 You can terminate the annual subscription to ‘Money is Love Community’ before the new invoice has been sent or the direct debit has been collected. If your new invoice for the new period has been sent, it must of course be paid by you. There are no exceptions to this.
5.3 You enter into a subscription for a year, unless you have taken out a subscription under different conditions (you can make inquiries through email@example.com). It is not possible to terminate the community prematurely.
5.4 After a year, your subscription will automatically be renewed unless you cancel it yourself in the online environment.
5.5. If you cancel the direct debit (without our permission) before all instalments have been paid, you will receive an invoice for the remaining amount.
Article 6 Special conditions – online/offline (coaching) programs
6.1 In my programs I share my knowledge, experience and tools to successfully apply the Law of Attraction/Money is Love. In addition to following the program, you must also set aside sufficient time to apply the material you receive in the form of blogs/video/livestreams/notes and workbooks. The success of your programs depends largely on your own efforts. I cannot guarantee that your program will be a success. I will endeavour to ensure that you have the right tools to manifest a successful life, and I am ready to help you within the boundaries of the program. The support I offer depends on which program you have purchased, and the support is described on my website.
6.2 Coaching sessions that are part of an online program must be cancelled by email at least 24 hours in advance, after which a new appointment can be scheduled. A new appointment must always take place within the duration of the program. Unfortunately, I cannot guarantee that there is room in my calendar or those of the coaches in the company to reschedule a session. This can therefore mean that the coaching session is definitively cancelled. If the session is cancelled less than 24 hours in advance, the coaching session will lapse immediately and cannot be rescheduled.
Materials and licenses
6.3 I endeavour to keep the materials accessible online for the participants, but I cannot guarantee this. If I am planning to remove the materials, or move them to a different URL, I will always let you know by email 3 (three) months in advance, so that you are able to download them or save them in a different way. I will always send this message to the most recent email address that you made known to me. If you do not provide a new email address, this will be at your own risk.
Money back guarantee/ trial period
6.4 I think it is important that you are satisfied, therefore I provide a money back guarantee. You can cancel your participation free of charge no later than 14 (fourteen) days after the start of the Program. You can cancel by sending an email to firstname.lastname@example.org. If you have already made payments, the money will be refunded as soon as possible.
6.5 After the period mentioned in the previous paragraph, it is no longer possible to cancel participation in the program and you must pay the full participation fee. You thereby explicitly agree that article 7: 408 paragraph 1 of the Dutch Civil Code is not applicable and that premature termination is not possible.
Article 7 Special conditions coaching
7.1 The agreement involves a best efforts obligation on my part, and not a result obligation. I will endeavour to achieve a positive result, but cannot guarantee that this result will be achieved. In the execution of the agreement, we will act in a manner that can be expected from a reasonably acting and reasonably competent coach.
7.2 Appointments must be cancelled by email at least 24 hours in advance, after which a new appointment can be scheduled. If the appointment is cancelled less than 24 hours in advance, I will charge you for this.
7.3 If you wholly or partially cancel a coaching program within 14 days of commencement, the work performed and the goods ordered or prepared in this context will be charged to you in full, plus any supply, removal and delivery costs for these and the labour time reserved for the performance of the agreement.
Article 8 Special conditions events and live meetings
8.1 If you want to participate in an event, you have to purchase an admission ticket in the manner prescribed by me. Only admission tickets that have been purchased from me or from presale offices that I have engaged or accredited are recognised by me as valid. You guarantee the accuracy of the information provided when purchasing the admission ticket; any incorrect information will be at your own expense and risk.
Admission and attendance
8.2 You are required to carry the admission ticket with you during the entire event and/or the live meeting and to present it to me or third parties engaged by me on first request.
8.3 During your attendance at the location of the event and/or the live meeting, you must behave in accordance with the applicable standards in terms of public order, good morals and decency. You are also required to behave in accordance with the house rules that may be used by me or at the location pertaining to the event and/or the live meeting in question. In this context you are also required to comply with instructions given by me or by third parties engaged by me.
8.4 I am entitled, without stating reasons, to refuse you access to the location or to remove you from the location if you do not behave in accordance with the provisions of the previous paragraph of this article or if I consider this otherwise necessary to maintain peace and order during the event and/or the live meeting. In that case you are not entitled to a refund.
Cancellation and refund
8.5 In the case of live meetings, the following applies with regard to cancellation and refund. In the case of cancellation up to 2 weeks before the start of the event, 90% of the amount invested by you will be refunded to your account. In the case of cancellation between 14 and 2 days before the start of the event, 50% of the amount invested by you will be refunded to your account. In the event of cancellation less than 48 hours before the start of the event, no refund of the amount invested by you is possible. It is possible to transfer your ticket to someone else.
8.6 If the event is cancelled by me or moved to another date or location, I will only be obliged to refund the price shown on the ticket, regardless of the price paid for the ticket.
8.7 Service costs or other losses will not be refunded. No entitlement will exist to (replacement) admission to another event.
Intellectual property rights
8.9 I am entitled to take photos and/or make film recordings of the event and/or the live meeting and the people present there for my marketing purposes. Interested parties must permit the publication of the recordings. Neither myself nor any third party to whom I have given permission for such publication and/or reproduction will be liable to you for any compensation.
8.10 If I consider this desirable for any reason, or in the event of force majeure, I will be entitled to postpone the event and/or the live meeting to another date or location or to cancel the event and/or the live meeting in its entirety, without being liable for any loss suffered or to be suffered by you as a result.
8.11 Entering the Location and attending the event and/or the live meeting are at your own risk. I cannot be held liable for any damage, directly or indirectly suffered by you.
8.12 You are liable for and must adequately insure yourself against any damage of whatever nature, caused by your fault or negligence, as well as for damage caused by your property in whatever way.
Article 9 Suspension and dissolution
9.1 I am entitled to dissolve the agreement if you do not comply with the obligations under the agreement.
I am also authorised to dissolve the agreement in the event that circumstances occur which are of such a nature that compliance with the agreement would be impossible, or that compliance can no longer be expected, according to standards of reasonableness and fairness, or that circumstances otherwise occur which are of such a nature that unchanged continuation of the agreement cannot reasonably be expected.
9.3 I am entitled to suspend fulfilment of the obligations arising from the agreement if you fail to comply with the obligations under the agreement or if, after entering into the agreement, I become aware of circumstances which give grounds to believe that you will not comply with the obligations. In the event that there are good grounds to fear that you will only partly or not adequately comply, suspension will only be permitted inasmuch as the failure justifies it.
9.4 In the event that you are the subject of liquidation, a moratorium or bankruptcy, of attachment – if and inasmuch as the attachment is not withdrawn within three months – a debt rescheduling arrangement or other circumstance as a result of which you can no longer freely dispose of your assets, I will be free to terminate the agreement immediately and with immediate effect, or to cancel the agreement, without any obligation on me to pay any compensation for loss or other compensation.
9.5 If the agreement is dissolved, my receivables from you will become immediately due and payable. If I suspend the fulfilment of the obligations, I will retain my rights under the law and the agreement.
Article 10 Prices and payment conditions
10.1 The prices of my programs are shown on the website www.manifestmagically.com. Prices are exclusive of BTW.
10.2 I am entitled to change the fees. These changes will be announced in writing or electronically no later than 1 month before they take effect. If the other party does not agree to the new fees, then the other party will be entitled to dissolve the agreement from the moment the new rates apply. The dissolution must be made in writing or by email, within 2 weeks of the other party having been notified of the new rates. Increases to the fees due to an increase to the VAT rate or due to an amendment to the agreement do not give the other party the right to dissolve the agreement.
10.3 Payment can be made in one go or in instalments. Programs with a price of less than €100 cannot be paid in instalments. If you pay the membership fee in instalments, the obligation to pay will continue to exist even after completion of the program until the full amount has been paid.
10.4 Unless otherwise agreed in writing, the payment must be made to me within 14 (fourteen) days of the invoice date by transfer of the amount to my IBAN as stated on the invoice.
10.5 Payment must be made without deduction or settlement, without suspension because of allegedly or actually attributable shortcomings and without you being allowed to block your payment obligation through attachment by you in respect of a counterclaim against me or otherwise.
10.6 In the event of late payment, you will receive a reminder stating that administration costs will be charged in the event of overdue payment. If payment is not forthcoming after the reminder, the administration costs will be increased upon notice of default. In the case of notice of default, you will also be notified that you will be denied access to the program and the Facebook groups, and events and/or the live meetings, appointments for coaching discussions, training days, online sessions will be suspended. If no payment is forthcoming after this, the receivable will be transferred to a collection agency.
10.7 If we have mutually agreed that you may pay for service and/or product in instalments and you do not pay this instalment or pay it too late, I reserve the right to terminate the payment arrangement. You will then receive an invoice for the remaining amount in one (1) go.
10.8 If payment has not been made on time, the default will be legally effective from the first day after the expiry of the set period. Default takes effect without the requirement of any notice of default or demand. In such cases, you will owe interest of 1.5% per calendar month on the amount owed, in which context a part of a month will be deemed a full month.
10.9 If I have to take measures to collect my receivable, you will be obliged to reimburse to me all costs actually incurred in connection with this collection, including the actual costs of legal assistance (regardless of any costs of legal proceedings) and other third parties engaged. My statement of these costs will serve as compelling proof of this (subject to proof to the contrary). The collection costs will at all times be at least 15% of the principal amount owed, with a minimum of €500.00.
10.10 Complaints about an invoice and complaints as referred to in Section 6:89 of the Dutch Civil Code must be submitted to me in writing within 1 (one) week of the date of the invoice, failing which you will forfeit your rights in the matter. A complaint does not affect the payment obligation.
10.11 If you are in breach of fulfilment of one or more of your obligations (regardless of whether there is a complaint as referred to above) then my obligations will automatically be suspended until the amount due (including all costs) has been paid, and I can demand full payment from you.
10.12 At my first request, you must at all times provide adequate security for all that already due and payable to me, and which I will obtain under the agreement.
10.13 If the agreement is entered into with more than one person belonging to the same group of companies, all persons are jointly and severally liable for the fulfilment of the obligations under this article, regardless of the name details on the invoice.
Article 11 Force Majeure
11.1 I am not required to comply with any obligation if I am impeded as the result of a circumstance which is not the result of my negligence, and for which I cannot be held to blame in law, by virtue of a legal act or in accordance with generally held opinions.
11.2 The term ‘force majeure’ is deemed in these general terms and conditions to mean – in addition to all that which it means under the law and in case law – all external causes, foreseen or unforeseen, on which I cannot exercise any influence, but as a result of which I am unable to meet my obligations. Such as interruptions to the power supply or the internet, terrorism, extreme traffic congestion, a traffic accident, extreme weather conditions. I will also be entitled to invoke force majeure if the circumstance preventing (further) performance of the agreement occurs after I should have fulfilled my obligation.
11.3 During the period that the force majeure continues I can suspend the obligations from the agreement. If this period lasts longer than 2 months, then each of us will be entitled to terminate the agreement without any obligation to compensate the other party.
11.4 Insofar as at the time of the occurrence of force majeure I have partially complied with my obligations under the agreement or will be able to comply with them, and the part that has been fulfilled or to be fulfilled has an independent value, I will be entitled to invoice the part already fulfilled or to be fulfilled.
Article 12 Intellectual property/use of materials
12.1 I own the intellectual property rights on the texts and materials belonging to my services. You may use the materials during and after the purchase of my services. It is not allowed to share these with third parties, unless I have given permission in writing.
12.2 It is also not permitted to sell the acquired knowledge commercially or to include it in another program, unless I have given permission in writing.
12.3 In the event of an infringement of this article you will owe me an immediately due and payable penalty of €5000.00 for each infringement, and €1000.00 for each day or part of a day that the infringement continues, notwithstanding my right to claim (full) compensation in addition to the penalty and without prejudice to all my other rights.
Article 13 Complaints
13.1 If you are dissatisfied with the execution of the agreement, you must inform me as soon as possible by sending me an email. This ensures that I receive a clear description of the complaint from you, so that I will be able to respond and, if the complaint is well-founded, to remedy it. I cannot process a complaint that is not clearly defined.
13.2 Complaints must be reported to me within 14 (fourteen) days after following a certain program or after having noticed it. If you report the complaint later, you will no longer be entitled to remedy, replacement or compensation.
13.3 Submission of a complaint does not affect your payment obligation.
Article 14 Liability
14.1 I will not be liable for damage, of whatever nature, caused by the incorrect and/or incomplete information provided by you.
14.2 I am not liable for damage resulting from a suspension of the execution of an agreement, if such suspension is the result of the failure to pay my invoices on time.
14.3 I am not liable for indirect damage, including, but not limited to, consequential loss, lost profit, financial loss, lost savings and damage due to business interruption incurred by you and/or third parties. You indemnify me against all liability for such damage to third parties.
14.4 I am not liable for any shortcomings in work carried out by third parties in connection with the agreement. The operation of article 6:76 of the Dutch Civil Code is excluded.
14.5 All my liability for damage arising from, or related to, an attributable shortcoming and/or wrongful act, or which is based on any other legal grounds, is limited to the compensation of the direct damage up to a maximum of the amount of the price stipulated in the agreement, excluding BTW.
14.6 Claims for payment of compensation lapse 1 year after the day on which you became aware or reasonably could have been aware of the damage and my possible liability for said damage.
14.7 In the event of an attributable failure, you must first send me notice of default in writing, with a reasonable term, so that I am able to fulfil my obligations, or to correct any errors, or to limit or eliminate damage.
14.8 If I am liable for any damage, my liability is limited to a maximum of the invoice value of the order, at least to that part of the order to which the liability pertains.
14.9 My liability is in any case limited to the amount of the payment from my (professional) liability insurer, plus the excess applicable to me, if applicable.
Article 15 Confidentiality and personal data
15.1 You and I are obliged to keep confidential all confidential information that we have received from each other or from another source in the context of our agreement. Information is considered confidential if this has been communicated as such by the other party or if this ensues from the nature of the information.
15.2 If on the basis of a statutory provision or a court order I am obliged to provide confidential information to third parties appointed by law or by the competent court, and I cannot claim privilege pursuant to a statutory provision, or recognised and permitted by the competent court in this matter, I will not be liable for damages or compensation, and you will not be entitled to dissolve the agreement on any ground whatsoever.
15.3 I take your privacy seriously and I will only use your personal data in the context of my services. I comply with the Personal Data Protection Act. More information about what data I process and for what purpose can be found in my Privacy Statement.
Article 16 Disputes and applicable law
16.1 In the event of any disputes, we will always first try our best to resolve the dispute in mutual consultation before we bring it before a court.
16.2 If we reach agreement in mutual consultation, we will submit disputes to the court in Utrecht.
16.3 Dutch law applies exclusively to all agreements between you and me.
Article 17 Final provisions
17.1 In the event of any discrepancy between these general terms and conditions and the agreement to which these general terms and conditions apply, the provisions in the agreement will take precedence.
17.2 Together with the confirmation email these terms and conditions, including any follow-up order or altered or additional order, constitute the entire agreement between you and me. Any prior contracts, arrangements, agreements or declarations hereby lapse.
17.3 If one or more provisions in these General Terms and Conditions are wholly or partially invalid or void, the remainder of these General Terms and Conditions will remain fully applicable. We will then consult with one another in order to agree on new provisions, taking into account as much as possible the purpose and intent of the original provisions.
17.4 If there is a lack of clarity regarding the interpretation of one or more provisions in these general terms and conditions or if a situation arises between you and me that is not regulated in these general terms and conditions, the provisions in 16.3 will apply accordingly.
17.5 If I do not require strict compliance with these terms and conditions at all times, this does not mean that their provisions do not apply, or that I would to any extent lose the right to demand strict compliance with the provisions of these terms and conditions in other cases.
17.6 I am authorised to make amendments to these terms and conditions. These amendments will take effect at the announced time. I will send you the amended conditions promptly by email. If no time is indicated,
17.7 the amendments will take effect as soon as you receive the amendment. The most up-to-date version of the general terms and conditions is available at www.manifestmagically.com and can be sent to you by post or email at your request.
Update: 1 May 2018