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The Movement Camps Terms & Conditions

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GENERAL TERMS AND CONDITIONS 

E-mail: join@themovementcamps.com
Website: https://www.themovementcamps.com

 

Lola Straton Health Coach

KVK 90334310

 

Definitions

 

  1. Lola Straton Health Coach: Lola Straton Health Coach, established in Almere, Chamber of Commerce no. 90334310.

  2. Customer: the party which Lola Straton Health Coach has entered into an agreement with.

  3. Parties: Lola Straton Health Coach and customer together.

  4. Consumer: a customer who is an individual acting for private purposes.

Applicability

  1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Lola Straton Health Coach. 

  2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.

  3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Prices

  1. All prices used by Lola Straton Health Coach are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.

  2. Lola Straton Health Coach is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.

  3. The parties agree on a total price for a service provided by Lola Straton Health Coach. This is always a target price, unless the parties have explicitly agreed upon in writing on a fixed price, which cannot be deviated from.

  4. Lola Straton Health Coach is entitled to deviate up to 10% of the target price. 

  5. If the target price exceeds 10%, Lola Straton Health Coach must let the customer know in due time why a higher price is justified. 

  6. If the target price exceeds 10%, the customer has the right to cancel the part of the order that exceeds the target price by 10%. 

  7. Lola Straton Health Coach has the right to adjust prices annually. 

  8. Lola Straton Health Coach will communicate price adjustments to the customer prior to the moment the price increase becomes effective.

  9. The consumer has the right to terminate the contract with Lola Straton Health Coach if he does not agree with the price increase. 

Payments and payment term

  1. Lola Straton Health Coach may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount. 

  2. The customer must have paid the full amount within 7 days, after delivery.

  3. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without Lola Straton Health Coach having to send the customer a reminder or to put him in default. 

  4. Lola Straton Health Coach reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.

Consequences of late payment

  1. If the customer does not pay within the agreed term, Lola Straton Health Coach is entitled to charge an interest of 2% per month for non-commercial transactions and an interest of 8% per month for commercial transactions from the day the customer is in default, whereby a part of a month is counted for a whole month.

  2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Lola Straton Health Coach. 

  3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs. 

  4. If the customer does not pay on time, Lola Straton Health Coach may suspend its obligations until the customer has met his payment obligation. 

  5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Lola Straton Health Coach on the customer are immediately due and payable. 

  6. If the customer refuses to cooperate with the performance of the agreement by Lola Straton Health Coach, he is still obliged to pay the agreed price to Lola Straton Health Coach. 

Suspension of obligations by the customer

 

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

 

Settlement 

 

The customer waives his right to settle any debt to Lola Straton Health Coach with any claim on Lola Straton Health Coach. 

 

Insurance

  1. The customer undertakes to have own health and travel insurance when joining retreats organized by Lola Straton Health Coach.

 

Guarantee

When parties have entered into an agreement with services included, these services only contain best-effort obligations for Lola Straton Health Coach, not obligations of results.

 

Performance of the agreement

  1. Lola Straton Health Coach executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. 

  2. Lola Straton Health Coach has the right to have the agreed services (partially) performed by third parties.

  3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer. 

  4. It is the responsibility of the customer that Lola Straton Health Coach can start the implementation of the agreement on time.

  5. If the customer has not ensured that Lola Straton Health Coach can start the implementation of the agreement in time, the resulting additional costs and/or extra hours will be charged to the customer.

Duration of the service agreement 

  1. The agreement between Lola Straton Health Coach and the customer is entered into for an indefinite period of time, unless it results otherwise from the nature of the agreement or the parties have expressly agreed otherwise in writing.

  2. If a fixed-term contract has been entered into, it will be tacitly converted into an open-ended contract at the end of the term, unless 1 of the parties terminates the contract with due observance of a notice period of 2 month(s), or if a consumer terminates the agreement with due observance of a notice period of 1 month causing the agreement to end at the end of the fixed term.

  3. If the parties have agreed upon a term for the completion of certain activities, this is never a strict deadline, unless specified explicitly otherwise in writing. If this term is exceeded, the customer must give Lola Straton Health Coach a written reasonable term to terminate the activities, before it may either terminate the contract or claim damages.

Cancellation of the contract for an indefinite period of time 

  1. The customer can terminate an agreement that has been concluded for an indefinite period at any time with due observance of a notice period of 2 months.

  2. A consumer has the right to terminate an agreement for an indefinite period with due observance of a notice period of 1 month.

Indemnity

 

The customer indemnifies Lola Straton Health Coach against all third-party claims that are related to the products and/or services supplied by Lola Straton Health Coach. 

 

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Joint and several Client liabilities

 

If Lola Straton Health Coach enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Lola Straton Health Coach under that agreement.

All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

 

Expiry period

 

Every right of the customer to compensation from Lola Straton Health Coach shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.

 

Dissolution

  1. The customer has the right to dissolve the agreement if Lola Straton Health Coach imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance. 

  2. If the fulfillment of the obligations by Lola Straton Health Coach is not permanent or temporarily impossible, dissolution can only take place after Lola Straton Health Coach is in default. 

  3. Lola Straton Health Coach has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Lola Straton Health Coach good grounds to fear that the customer will not be able to fulfill his obligations properly. 

Force majeure

  1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Lola Straton Health Coach in the fulfillment of any obligation to the customer cannot be attributed to Lola Straton Health Coach in any situation independent of the will of Lola Straton Health Coach, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Lola Straton Health Coach . 

  2. The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages. 

  3. If a situation of force majeure arises as a result of which Lola Straton Health Coach cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Lola Straton Health Coach can comply with it. 

  4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part. 

  5. Lola Straton Health Coach does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Modification of the agreement

 

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly. 

 

Changes in the general terms and conditions

  1. Lola Straton Health Coach is entitled to amend or supplement these general terms and conditions. 

  2. Changes of minor importance can be made at any time. 

  3. Major changes in content will be discussed by Lola Straton Health Coach with the customer in advance as much as possible.

  4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions. 

Transfer of rights

  1. The customer cannot transfer its rights deferring from an agreement with Lola Straton Health Coach to third parties without the prior written consent of Lola Straton Health Coach. 

  2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code. 

Consequences of nullity or annullability

  1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions. 

  2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Lola Straton Health Coach had in mind when drafting the conditions on that issue.

Applicable law and competent court

  1. Dutch law is exclusively applicable to all agreements between the parties. 

  2. The Dutch court in the district where Lola Straton Health Coach is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

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Usage of visuals produced during the retreats

1. By participating in the retreats organized by Lola Straton Health Coach you agree that the visual materials (photos, videos) created during the retreats will be used for social media, marketing and website purposes to communicate the value of The Movement Camps with potential future guests.

2. If you wish to be excluded from the visuals you should let us know before the images and videos are taken during the retreats.

 

Drawn up on 01 June 2023. 

CHANGES

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at join@themovementcamps.com or by mail using the details provided below:

 

The Movement Camps & Lola Straton Health Coach

Amsterdam, Netherlands

+31627083983

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