General conditions
Chapter 1. General
Article 1. Definitions
1. For the purposes of these general terms and conditions, the following terms shall have the following meanings:
*services: all products and services provided by the contractor to the client, including coaching, (online) training sessions, and other forms of guidance or consulting, as well as all other work of any nature performed for the client within the scope of an assignment, including work that was not performed at the client’s express request.
* Client: the person, company, or organization that commissions the services and/or, if applicable, the person participating in a coaching, training, or related services program.
* Consumer: the person, company, or organization that orders and pays for a physical product on www.ontdekjeheiligegraal.com.
*Services: the services that Ontdek je Heilige Graal / Wildflower Media performs on behalf of the client;
* Course: the courses offered by Rianne van Kuil / Wildflower Media under the “Uncover your Holy Grail” program, which the client can order and take via the website;
* (Digital) product: the (digital) product—such as books, e-books, or prints—offered by Ontdek je Heilige Graal / Wildflower Media, which the client/consumer can order via the website;
* website: the website www.ontdekjeheiligegraal.com, which is managed by Wildflower Media.
* contractor: Wildflower Media, Chamber of Commerce No.: 09170726, which applies these general terms and conditions to the provision of services.
Article 2. Applicability of These General Terms and Conditions
1. These general terms and conditions apply to all offers and agreements under which the contractor offers or provides services. Deviations from These terms and conditions are valid only if they have been expressly agreed upon in writing agreed upon.
2. Not only the contractor but also all persons or companies involved in the execution of any assignment for the client may rely on these general terms and conditions.
3. These general terms and conditions also apply to additional assignments and follow-up assignments from the client.
4. Any purchasing or other general terms and conditions of the client do not applicable, unless the contractor has expressly accepted them in writing .
5. If there is any ambiguity regarding the interpretation of one or more provisions of these general terms and conditions, the interpretation shall be made “in the spirit” of these provisions.
6. If a situation arises between the parties that is not covered by these general terms and conditions, such situation shall be assessed in accordance with the spirit of these general terms and conditions.
7. If one or more provisions of these general terms and conditions are void or are set aside, the remaining provisions of these general terms and conditions remain fully applicable. The client and the contractor shall then consult to agree on a new provision to replace the void or annulled provision, in accordance as closely as possible with the purpose and intent of the original provision
Article 3. Quotations
1. Quotations made by the Contractor are non-binding; they are valid for 30 days after the date thereof, unless otherwise stated. The Contractor is only bound by a quotation if acceptance thereof by the Client is confirmed in writing within 30 days without reservation or modification, including a written confirmation of the acceptance of these general terms and conditions.
2. The prices in the mentioned quotations are exclusive of VAT, unless otherwise stated.
3. Quotations are based on the information provided by the Client to the Contractor. The Contractor may assume the accuracy of this information and will base its offer thereon.
4. The agreement is concluded by the Client’s acceptance of the quotation as referred to in the final sentence of Article 3, paragraph 1. Furthermore, the agreement is concluded if the Contractor confirms in writing an agreement made between the Client and the Contractor, or if the Contractor commences the work commissioned by the Client by means of the order confirmation.
Article 4. Performance of the Agreement
1. A binding agreement in accordance with Article 3 entails a best-efforts obligation for the Contractor
and explicitly does not entail an obligation to achieve a specific result. The contractor is
obligated to perform the agreement to the best of its knowledge and ability in accordance with the requirements
of good workmanship.
2. If and to the extent that proper performance of the agreement so requires,
the contractor has the right to have certain work performed by third parties.
3. The contractor reserves the right to have work performed by third parties
if the consultant, trainer, or
coach specified in the agreement is unavailable due to unforeseen circumstances.
4. The client shall ensure that all information which the contractor
indicates is necessary, or which the client should reasonably
understand to be necessary for the performance of the
agreement, is provided to the contractor in a timely manner. If the information required for the
performance of the agreement is not provided to the contractor in a timely manner
, the contractor has the right to suspend the performance of the agreement
and to charge the client for the additional costs reasonably incurred as a result of the delay
.
5. The contractor is not liable for damage of any kind resulting from the contractor having relied on incorrect and/or
incomplete information provided by the client.
Article 5. Term of the Contract and Termination
1. The agreement terminates upon the completion of the service and once both parties have fulfilled all obligations arising from the agreement.
Article 6. Amendment of the Agreement
1. If, during the performance of the agreement, it becomes apparent that it is necessary for proper
performance to modify or supplement the work to be performed, the parties shall amend the agreement accordingly in a timely manner and by mutual agreement
.
2. If the parties agree to amend or supplement the agreement,
this may affect the date of completion of the work.
The contractor shall notify the client of this as soon as possible.
3. If an amendment or addition to the agreement has financial and/or qualitative
consequences, the contractor shall inform the client of this in advance.
4. If a fixed fee has been agreed upon, the contractor shall indicate
to what extent the amendment or addition to the agreement results in an excess of this
fee, after which the client is obligated to pay the amended
fee.
Article 7. Confidentiality
1. The parties are obligated to maintain the confidentiality of all confidential information they have obtained from each other
in connection with their agreement. Information is deemed confidential by
a priori if the other party has designated it as such or if this
arises from the nature of the information.
Article 8. Payment
1. Unless expressly agreed otherwise, the contractor’s fee consists of a predetermined fixed amount per task or per service provided and/or may be calculated on the basis of hourly or daily rates.
2. All fees are exclusive of government taxes, such as sales tax
(VAT) as well as excluding travel and other expenses incurred on behalf of the client , including but not limited to invoices from third parties engaged for the purposes of the agreement.
3. Unless otherwise agreed in writing, payment must be made within 8 days of the invoice date, unless explicitly stated otherwise, in the manner specified by the contractor and in the currency in which the invoice is issued. Payment shall be made without any deduction, set-off, or suspension for any reason whatsoever.
4. If the client fails to pay the amounts due by the due date at the latest , the contractor is entitled to suspend all work to be performed on behalf of the client with immediate effect, without being be held liable in any way to the client for damages as a result.
5. If the client has not paid the amounts due by the due date at the latest , the client will be given notice of default by the contractor and will bebe given another opportunity to pay the invoice within 8 days after the due date; failing which, the contractor shall be deemed to be in default. In such a case, the contractor is entitled to terminate the agreement immediately, without any liability toward the client. The client is then liable for the damages incurred by the contractor.
6. If it is agreed that the client may pay in installments, , the full amount must be paid by the halfway point of the training , unless otherwise agreed.
7. In the event of a failure to pay, the client shall also owe late payment interest on the outstanding amounts equal to the statutory interest rate.
8. In the event of the client’s liquidation, bankruptcy, or suspension of payments, the contractor’s claims against the client shall become immediately due and payable , and the contractor shall also be entitled to immediately terminate the agreement with the client immediately, without any liability toward the client.
9. Payments made by the client shall always be applied, first, toward all interest and costs due, and secondly toward due invoices that have been outstanding the longest, even if the client states that the payment relates to a later invoice.
10. The Contractor is entitled to require payment (or security of equivalent value), such as, but not limited to, an advance payment advance payment to be made by the client.
11. If there are multiple clients, each client is the contractor for the payment of the total invoice amount if the work was performed on behalf of all such clients.
Article 9. Collection Costs
1. In the event that the client is in default, the contractor is entitled to collect its claim through legal proceedings. In that case, the client shall be liable, in addition to the principal amount and interest owed, also be required to reimburse all judicial and extrajudicial costs. These shall always include the costs of collection agencies, as well as the costs and fees of bailiffs and attorneys, even if these exceed the litigation costs to be awarded by the court . Reimbursement for judicial and extrajudicial costs incurred shall amount to at least 15% of the principal amount owed.
Article 10. Liabilityof
1. The Contractor shall perform the agreement with the Client to the best of its knowledge and
, based on an obligation of effort and expressly not on
basis of an obligation of result.
2. The Contractor may only be held financially liable by the Client
During a coaching session at a location provided by a contractor designated by
, the contractor shall be liable for any property damage and/or bodily injury sustained if such damage
is attributable to the contractor’s acts or omissions. The contractor,
, shall never be liable for the loss or damage of property if
this is not attributable to the contractor.
3. In the event that the contractor can be held liable in accordance with Article
10.2, in which case the contractor’s liability (including that of any employees,
partners and individuals with whom the contractor has a business relationship
(terminated), due to an attributable failure to fulfill the
whether arising from a contract, a tort, or any other legal basis,
limited to compensating only the client’s direct damages –
excluding, expressly, intangible damages and/or business losses, with
including loss of profits—limited to theamount paid out by the contractor’s professional liability insurer in this regard , plus the deductible under that insurance policy.
4. If, for any reason whatsoever, no insurance payment is made, the contractor’s liability toward the client is limited to the fee for the engagement to which the liability relates; and if this does not hold up in court , the contractor’s maximum liability is limited to an amount of €1,950.
5. The contractor is never liable to the client if the resulting damage is the result of an act or omission or negligence on the part of the client , or if the client fails to follow the contractor’s instructions.
6. Rianne van Kuil and Wildflowermedia recommend that the client consult with their own counselor—such as a therapist, psychologist, or coach—in connection with a live event or (online) training session to work together to shape the insights gained and clearly integrate them into the client’s daily life. The coaching sessions, live events, or (online) training sessions offered by “Uncover Your Holy Grail” are expressly not a substitute for therapy.
Article 11. Cancellation/Termination of the Agreement
For educational programs, training courses, or coaching programs
1. The Contractor has the right, without providing a reason, to cancel a course, training session,
coachingor coaching program without giving a reason, or to refuse a client’s participation or to refuse the participant designated by the client, in
which cases the client is entitled to a refund of the full amount paid to the contractor via
.
2. The client of a course, training, guidance, or coaching program has
the right to cancel participation in or the contract for a course, training, guidance, or
coaching program in writing. It is the responsibility of
the client to ensure that the written notice is actually received by the contractor at
.
3. The client may cancel the assignment free of charge up to 4 weeks before the start
of the course, training, guidance, or coaching program, unless
the contractor has incurred costs in connection with the assignment that he can no longer
cancel free of charge. In such a case, the client is obligated to reimburse (a portion
of) these costs.
4. In the event of cancellation between 4 weeks and 2 weeks prior to the start of the course,
training, guidance, or coaching program, the contractor is entitled to charge 50% of
the amount agreed upon in the contract, and in the event of cancellation
within 2 weeks, the full amount. In both cases, the Client is obligated toreimburse the Contractor for any costs incurred by the Contractor in connection with the assignment that the Contractor can no longer recover from the relevant third party or parties.
5. If the client or a participant designated by the client terminates participation midway through the course, training, guidance, or coaching program after it has begun , or otherwise fails to participate, the client is not entitled to any refund for theunused portions of the course, training, counseling, or coaching program, unless the specific circumstances of the case, in the contractor’s judgment, warrant otherwise.
5. An individual counseling or coaching session cannot be canceled or rescheduled free of charge , unless the contractor agrees to do so. In the event of a cancellation or rescheduling, the contractor is entitled to charge the full agreed-upon rate for the session, with a minimum of 175 euros. If the client or the designated participant fails to attend the scheduled session , the same rates will apply.
6. If one of the parties materially fails to fulfill its obligations and, after being expressly notified of this by the other party, fails to fulfill such obligation within a reasonable period, the other party is entitled to terminate the agreement without the terminating party being any compensation. The services rendered up to the time of termination shall be paid in the agreed manner.
Article 12. Impossibility of Performance
1. If one of the parties is affected by a situation of force majeure, it shall immediately notify the other party thereof. The parties shall consult
to attempt to reach a reasonable solution.
2. The Contractor has the right to suspend the agreed-upon work
if, due to circumstances beyond its control or of which it
was not aware or could not have been aware at the time the agreement was concluded, it is temporarily prevented
from fulfilling its obligations.
3. Strikes and work stoppages, weather conditions, theft, or the loss of materials in any manner are in any case circumstances as referred to in the previous paragraph
.
4. If performance becomes permanently impossible, the contract may be terminated with respect to the portion that has not yet been performed. In that case, the Client is not entitled to compensation for any damages suffered as a result of the termination.
Workshops (teaching weekends or weeks)
If you participate in a workshop (teaching weekend or week) organized by Ontdek je Heilige Graal,
, the cancellation policy described above in Article 11 applies.
If participants decide to voluntarily withdraw, they are entitled to
a refund of no more than a portion of the participation fees owed.
Article 13. Dispute Resolution
1. All agreements between the contractor and the client are governed by Dutch
law;
2. Disputes arising from agreements to which these terms and conditions of
apply shall be submitted to the competent court of the
district in which the contractor is established.
CHAPTER 2: TRAINING AND DIGITAL PRODUCTS
Article 1 Product Specifications and Errors
1. The essential characteristics of the courses and (digital) products offered by Ontdek je
Heilige Graal are described on the website.
2. Ontdek je Heilige Graal cannot be held liable for any clerical or typographical errors on the
website.
3. The range of (online) products and/or services offered on the website
is subject to change.
Article 2 Terms of Use
1. When using the website, the client must act in accordance with
in a manner that may reasonably be expected of a responsible and prudent internet user
.
2. The client is not permitted to circumvent or hack the security applications on the website at
.
3. The client is not permitted to use the website in such a way that
it impairs the proper functioning of the computer systems of Ontdek je Heilige
Graal or third parties, or that it hinders or obstructs other users of the
website.
Article 3. Formation of the Agreement
1. The agreement is formed after the client has successfully completed the ordering process via the
website.
2. The agreement can only be formed via the website after the client has clicked
to indicate that he agrees to these general terms and conditions.
3. After the agreement has been concluded via the website, Wildflower
Publishing (a division of Wildflower Media) and/or Wildflower Media will send a
confirmation email to the client. If the client has not received a confirmation email at
, the client should contact
to reach out to Ontdek je Heilige Graal or Wildflower Media.
Article 4. Right of Withdrawal
1. Where the training course and digital products involve items with digital content, the right of withdrawal does not apply to the ordered training course or the ordered digital product, provided that the delivery of the training course and/or the digital product has begun with the client’s express prior consent and the client has declared that he thereby waives his right of withdrawal.
2. If the client has not given explicit consent for the commencement of delivery of the training course and/or the digital product and the client has not waived their right of withdrawal, then Wildflower Media will not proceed with the delivery of the training course or the digital product until the 14-day cancellation period has expired.
3. The right of cancellation applies to physical products. If the consumer exercises their right of withdrawal, they must notifyOntdek je Heilige Graal and/or Wildflower Media within the 14-day cooling-off period by sending an email to the help desk requesting withdrawal or by another unambiguous means.
4. The consumer must do this as soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 3, by returning the product or handing it over to (an authorized representative of) Ontdek je Heilige Graal and/or Wildflower Media. This is not required if Ontdek je Heilige Graal and/or Wildflower Media has offered to pick up the product themselves . In any case, the consumer is deemed to have complied with the return period if they returns the product before the cooling-off period has expired.
5. The consumer must return the product with all accessories provided, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the merchant. 6. The risk and the burden of proof for the proper and timely exercise of the right of withdrawal rest with the consumer.
7. The consumer is responsible for the direct costs of returning the product. If the if the business owner has not indicated that the consumer must bear these costs, or if the business indicates that it will bear the costs itself, the consumer is not required to pay the costs of return.
8. If the consumer exercises his right of withdrawal, all additional agreements automatically terminated.
Article 9 – Obligations of Ontdek je Heilige Graal / Wildflower Media upon
withdrawal
1. If Ontdek je Heilige Graal / Wildflower Media allows the consumer to submit a notice of withdrawal electronically, it shall send a confirmation of receipt without delay upon receipt of this
notice.
2. Uncover your Holy Grail / Wildflower Media will refund all payments made by the consumer, excluding any shipping costs for the returned product, without delay but no later than 14 days following the day on which the consumer notifies it of the cancellation. Unless Discover Your Holy Grail / Wildflower Media offers to pick up the product itself, Discover Your Holy Grail / Wildflower Media may delay the refund until the product is received or until the consumer provides proof that the product has been returned, whichever occurs first.
3. Uncover Your Holy Grail / Wildflower Media uses the same payment method that the consumer used, unless the consumer agrees to a different method. The refund is free of charge to the consumer.
4. If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, uncover Your Holy Grail / Wildflower Media is not required to additional costs associated with the more expensive method.
Article 5. Training and Account
1. The training is made available through Uncover Your Holy Grail / Wildflower Media The client can access the training through their account on Uncover Your Holy Grail follow.
2. Depending on the course or training program purchased, the entire content is or the modules are released periodically.
3. The client is responsible at all times for their account on the website www.ontdekjeheiligegraal.com and for their login credentials. The client must login credentials to themselves and must not, under any circumstances, circumstances. If the client discovers that a third party is making unauthorized use of their login credentials, the client must immediately notify Uncover je Heilige Graal / Wildflower Media immediately.
4. Uncover your Holy Grail / Wildflower Media does not guarantee that the website will operate without interruptions or errors. The client acknowledges that access to the The website may be down for various reasons. Uncover your Holy Grail / Wildflower Media is not liable for any damages resulting from this temporary interruption of the website, which prevents the client from temporarily . Uncover Your Holy Grail / Wildflower Media will, however, endeavor to ensure full continuity of the training’s availability and to restore service within reasonably acceptable timeframes.
Article 6 Prices, Invoicing by Ontdek je Heilige Graal / Wildflower Media, and Payment
1. The prices listed on the website are exclusive of VAT and in euros. Unless otherwise indicated.
2. For the ordered training course or (digital) product, Discover Your Holy
Grail / Wildflower Media will send an invoice via email.
3. The customer can pay for an order placed through the website using the following methods: via iDeal, credit card, and Apple Pay.|
4. In the case of an installment plan or subscription, the client grants by making the first payment via iDeal, credit card, or Apple Pay, the client grants authorization authorizing Mollie to collect subsequent installments.
Copyright © Uncover Your Holy Grail / Wildflower Media
