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Entrepreneur
Franchise
Entrepreneur
Franchise
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General terms and conditions

 CENVI Coaching & Training BV

Table of contents

Article 1 – DEFINITIONS

The following terms have the following meanings in these general terms and conditions:

Entrepreneur – the natural person or legal entity acting in the context of his trade, business, craft or profession, with the following identity:

CENVI Coaching & Training BV

Postal address: Kennemerstraatweg 13, 1814 GA, Alkmaar            
Email address: cenvicent@cenvicent.com   
Phone number: 072 843 55 30   
Chamber of Commerce: 80294170      
VAT number: NL861620148B01

 

Recipient of service offering – the buyer/purchaser who acts for purposes outside and within his business or professional activity

Parties – the entrepreneur and the purchaser of services

Offer - the products, services, or digital content or service that the entrepreneur offers for sale to the consumer of the service offering

Purchase – the product, service, or digital content or digital service purchased by the consumer of the entrepreneur's service offering through the purchase agreement or similar document

Consideration time – the period within which the consumer of a service offer has the right of withdrawal

Day – calendar day

Right of withdrawal – the right for the purchaser of services to cancel the purchase within the cooling-off period

Purchase agreement – the conclusion of an agreement in which the entrepreneur undertakes to provide a product or service and the purchaser of the service provision undertakes to pay a (purchase) price for this product or service

Buy from a distance – a purchase agreement concluded between the entrepreneur and the recipient of services within the framework of an organised system for distance sales or service provision without the simultaneous personal presence of the entrepreneur and the recipient of services and whereby only one or more means of distance communication are used



Article 2 – APPLICABILITY

  1. These general terms and conditions apply to all distance selling (purchase) agreements concluded between the entrepreneur and the purchaser of services.
  2. Before concluding the (purchase) agreement, the general terms and conditions are made available to the purchaser of the service offering in such a way that they can be stored by the purchaser of the service offering.
  3. If additional or deviating conditions apply to the purchase agreement, these will be provided to the purchaser of the service offer in the same manner.
  4. In the event of conflicting additional or deviating conditions, the conditions most favourable to the purchaser of the service offer shall apply.

Article 3 – (PURCHASE) AGREEMENT

  1. The distance purchase agreement is concluded through an offer by the entrepreneur and acceptance of this offer by the Purchaser of the service offer.
  2. The offer is described fully and truthfully by the entrepreneur, including the associated conditions.
  3. The entrepreneur informs the recipient of the service offer of his rights and obligations associated with accepting the offer.
  4. The entrepreneur shall state clearly and legibly in the offer, and at the latest at the start of the purchase/order process, whether there are any restrictions on delivery and which payment methods are accepted.
  5. When concluding the agreement, the entrepreneur shall provide the consumer of the service offering with the following information in a clear and comprehensible manner:
    a) the identity, postal and visiting address, telephone number and e-mail address of the entrepreneur;
    b) the main characteristics of the purchased services and products;
    c) the price of the purchase including all taxes and any delivery costs;
    d) the method of payment, delivery and execution, and the associated terms and any costs;
    e) the entrepreneur's complaints handling policy;
    f) if the consumer of the service offer has a right of withdrawal, the conditions, term and modalities for exercising that right, where applicable the method of stopping the purchase of services and/or products, and where applicable the cost reimbursement, as well as the model cancellation form (WPG);
    g) if the recipient of the service offer does not have a right of withdrawal, information that the recipient of the service offer does not have a right of withdrawal or, where applicable, the circumstances in which the recipient of the service offer waives his right of withdrawal;
    h) where applicable, the duration and termination conditions of the agreement;
    i) where applicable, the existence of and the conditions for financial guarantees which the recipient of services must provide at the request of the entrepreneur.
  6. If the agreement was concluded at a public auction, the provision of the information referred to in paragraph 5(a) shall be complied with by providing the corresponding data of the auctioneer.

Article 4 – HERROEPINGSRECHT

  1. The purchaser of a service offer has a 7-day reflection period from the conclusion of the agreement to cancel the agreement without giving any reason.
  2. The cooling-off period commences on the day after the agreement has been concluded.
  3. For withdrawal, the consumer of services may use the withdrawal form provided by the entrepreneur or another unambiguous statement to that effect to the entrepreneur.
  4. If the requirements set out in Article 3, paragraph 5, sub f, are not met, the cooling-off period referred to in paragraph 1 of this Article will be extended by the time that has elapsed from the time at which the cooling-off period commenced until the time at which all missing data have been provided to the recipient of the service offer in the prescribed manner, with a maximum extension of 3 months under the conditions set out in the “mutual performance guarantee” (WPA).
  5. The right of withdrawal does not apply in the following cases, provided that the entrepreneur has clearly stated to the consumer of the service offer prior to concluding the agreement that the right of withdrawal is excluded:
    a) contracts whose purchase price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the cancellation period;
    b) contracts concluded at a public auction;
    c) agreements whereby the recipient of services has specifically requested the entrepreneur to visit him to perform urgent matters or services, unless:

– it concerns additional services that the purchaser of the service offer has not expressly requested;

– it concerns the delivery of goods other than those necessary to perform the goods or services;

d) contracts for the provision of services, after performance of the contract, if:

  • the performance of the agreement has begun with the express prior consent of the recipient of the service offer; and
  • the consumer of the service offer has declared to waive his right of withdrawal from the moment the entrepreneur has performed the agreement;

    e) contracts for the provision of services aimed at providing accommodation other than for residential purposes, the transport of goods, car rental services, catering or leisure services, provided that the contract specifies a specific time or period of performance.

Article 5 – DISSOLUTION

  1. If the consumer of a service offer has the right of withdrawal, exercises this right within the cooling-off period, and has informed the entrepreneur of this by means of the model form (WPG) for termination provided by the entrepreneur, or another unambiguous statement to that effect, the agreement between the parties will be terminated.
  2. By dissolving the (purchase) agreement, all additional agreements are also dissolved by operation of law.
  3. After termination, the entrepreneur shall immediately, but within 14 days after receipt of the amount referred to in paragraph 1 of this article, reimburse all payments received from the purchaser of the service offer, including the delivery costs in proportion to the part of the agreement that is terminated, using the same payment method as used by the purchaser of the service offer to pay for the purchase, unless the purchaser of the service offer has expressly agreed to another free payment method.
  4. If the consumer of the service offer revokes the agreement after he has expressly requested the performance of the service, the consumer of the service offer owes the entrepreneur an amount that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of exercising the right of withdrawal. The proportional amount that the consumer of the service offer must pay to the entrepreneur is calculated on the basis of the total price as set out in the agreement, insofar as the total price is not excessive. If the total price is excessive, the proportional amount is calculated on the basis of the market value of the part of the agreement that has been performed.
  5. The recipient of the service offer shall not bear any costs for the performance of the service, which was provided in whole or in part during the withdrawal period, if:

– the entrepreneur has failed to provide the information in accordance with Article 3, paragraph 5, under f or g, or;

– the Purchaser of the service offer has not expressly requested the above-mentioned execution during the cancellation period.

  1. The purchaser of services offered is not liable and does not owe any costs by exercising his right of withdrawal.

Article 6 – PRICE

  1. The prices stated in the offer are in euros and exclusive of statutory VAT.
  2. The entrepreneur is not authorized to increase the agreed price after the conclusion of the agreement, with the exception of the annual indexation which can take place on the first day of each new calendar year.
  3. The prohibition referred to in the previous paragraph does not apply if the price increase is the result of a statutory price increase (if applicable).
  4. In the event of a price increase, the purchaser of services will be informed in a timely manner, and at least one month before the price change, of the effective date of the change and the changed price.

Article 7 – PAYMENT

  1. When entering into the agreement, the entrepreneur is entitled to request a (down) payment from the purchaser of the service offer as specified on the “application form” or quotation.
  2. Until payment has been made by the purchaser of the service offer, the purchaser of the service offer cannot assert any rights with regard to the performance of the agreement.
  3. The part of the payment that takes place afterwards (if applicable) must be paid by the purchaser of the service within 8 days after the start of the cooling-off period, or if no cooling-off period applies, after the conclusion of the agreement.
  4. If the purchaser of the service offer does not or does not timely comply with his payment obligation, whereby the payment terms apply as fatal terms, the purchaser of the service offer is legally in default. In the event that the purchaser of the service offer still does not pay after having been given another 30 days to complete the payment, the purchaser of the service offer owes statutory interest on the outstanding amount and the entrepreneur can charge the extrajudicial collection costs incurred by him.
  5. The entrepreneur may only deviate from the legally determined amount of statutory interest and collection costs on the outstanding payment in favor of the purchaser of the service offer.

Article 8 - PERFORMANCE

  1. The entrepreneur shall ensure that the agreement is carried out in a careful manner, at the location that the recipient of the service offer has indicated as the delivery address or at the address as jointly agreed by the recipient of the service offer and the entrepreneur.
  2. The purchaser of services must ensure that the execution can take place in a timely manner.
  3. Execution will take place without delay, but within 30 days after the conclusion of the agreement, unless another date for execution has been agreed and/or stated in the offer.
  4. If the agreed execution date is exceeded, the purchaser of the service offer is not entitled to terminate the agreement and the parties will choose an alternative date of execution.
  5. In the event of termination in accordance with these general terms and conditions, and the purchase price has already been paid in full or in part by the purchaser of the service offer, the entrepreneur will immediately refund the overpaid amount to the extent that the agreed services and/or goods cannot be delivered due to the termination (pro rata).

Article 9 – WARRANTY

  1. The entrepreneur ensures that every purchase of goods or services meets the specifications of the offer.
  2. Any “seller guarantee” provided by the entrepreneur to the purchaser of services does not affect the scope of the statutory guarantee.


Article 10 – COMPLAINTS AND DISPUTES

  1. Dutch law applies to every agreement between the parties.
  2. The entrepreneur has a complaint handling procedure accessible to the consumer of services. Complaints can be sent by e-mail to: cenvicent@cenvicent.co
  3. If the recipient of the service has a complaint, this complaint must be made known to the entrepreneur without delay and clearly described.
  4. The entrepreneur will respond to complaints within 14 days.
  5. In the event of an unresolvable complaint, it can also be submitted to the competent court.

 


Created on: January 1, 2021

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