- These general terms and conditions apply to all offers, in any form or manner whatsoever, of the Professional Organizer who uses these terms and conditions (hereinafter referred to as “Perfectionista”) and to all agreements concluded with Perfectionista.
- Deviation from the provisions set out in these general terms and conditions can only be made explicitly in writing. In that case, the other provisions of these general terms and conditions remain in full force and effect. The agreed deviations apply only to the agreement for which the deviation has been agreed.
- In addition to these general terms and conditions, additional terms and conditions may apply to certain services of Perfectionista if indicated in writing. If there are any differences between the additional terms and conditions and these general terms and conditions, the provisions of the additional terms and conditions shall prevail over these general terms and conditions, unless otherwise agreed in writing.
- If any provision of these general terms and conditions is null and void, annulled or otherwise declared inapplicable, the other provisions of these general terms and conditions shall remain in full force and effect, and the parties shall agree to a replacement provision in place of the null, annulled, or inapplicable provision, taking into account the purpose and scope of the null, annulled, or inapplicable provision as much as possible.
- Once the general terms and conditions apply, they also apply to new agreements between the parties without any further declaration of applicability, unless otherwise agreed.
- General terms and conditions used by the client are not applicable unless expressly agreed in writing by Perfectionista. ‘Client’ means any natural or legal person who is or will be in a contractual relationship with Perfectionista.
- Perfectionista is authorized to use (services or products of) third parties at its discretion during the performance of agreements. These general terms and conditions also apply in that situation.
Article 2 – Offers and Agreements
1. Offers and prices are non-binding and valid for a period of 30 days unless otherwise stated in writing. Offers and prices are based on the wishes expressed by the client. The offer includes a description of the services to be provided.
2. The offer provides insight into how the price was determined; based on an hourly rate or a fixed agreed price. If no fixed price has been agreed, the price factors (hourly rate, time spent, any use of materials and/or equipment, etc.) are stated and, after completion of the assignment, Perfectionista specifies how many hours, materials, and/or equipment were used. For assignments with a duration of more than one month, the costs due will be invoiced periodically.
3. Unless otherwise agreed in writing, the client shall reimburse Perfectionista for the preparation costs (including the costs of an intake interview) in the event that no assignment is given for the performance of services.
4. Appointments and/or consultations with Perfectionista may be cancelled by the client free of charge up to 48 hours before the appointment and/or consultation. If cancelled within that period, the full costs will be charged to the client.
5. Appointments, consultations, and/or training sessions may be cancelled by Perfectionista at any time in case of illness, disability, and/or other circumstances that prevent the Professional Organizer from performing the assignment.
6. An agreement is concluded at the moment a confirmation of assignment is handed over to the client by Perfectionista in any way, or if the client clearly agrees with the offer, or allows the execution of the assignment to commence.
7. A composite quotation does not oblige Perfectionista to perform a part of the assignment against a corresponding part of the price stated in the quotation.
8. If it appears during the execution of the agreement that it is necessary to modify or extend the services to be performed for a proper execution, the parties will adjust the agreement accordingly in mutual consultation. Any (financial) consequences of this modification will be recorded between the parties.
9. The client and Perfectionista agree that by using electronic forms of communication, a valid agreement is concluded as soon as the condition of 2.6 is met. The absence of a regular signature does not detract from the binding force of the offer and its acceptance. The electronic files of Professional Organizer serve as a presumption of evidence, to the extent that the law permits.
10. Information, oral communications, etc. relating to services to be performed that are provided by telephone or electronically are presented or made as accurately as possible. However, Perfectionista does not guarantee that all prices, products, and/or services fully comply with the information provided.
11. Obvious errors or mistakes in brochures, quotations, confirmation of assignments, and agreements do not bind Perfectionista.
12. Times and terms mentioned in quotations, confirmation of assignments or agreements are indicative. The client cannot derive any rights from them. If, in the opinion of the client, there is a fatal term, this must be explicitly agreed upon in writing between the parties.
13. Perfectionista is free to determine how the assignment will be carried out during the execution of the agreement.
Article 3 – Prices
1. All prices are in Euros and exclude VAT and include any costs to be incurred in the context of the execution of the agreement, unless otherwise stated in writing. For prices offered to individuals, the price including VAT is also stated.
2. The client owes the price communicated by Perfectionista in its quotation or confirmation of assignment (Article 2.5). Obvious errors in the price quotation can also be corrected by Perfectionista after the conclusion of the agreement.
3. If Perfectionista and the client have agreed that Perfectionista enters into an agreement with a third party on behalf of the client, and this third party increases its prices, Perfectionista is entitled to pass on the new applicable prices to the client immediately.
Article 4 – Payment
1. Invoices must be paid within fourteen days after the invoice date. Perfectionista is always entitled to invoice the total price of an assignment in parts. The client is in default by the mere expiry of the payment term; a notice of default is not necessary.
2.In case of non-(timely) payment by the client, the client owes a default interest of 1.5% per month on the outstanding balance from the day on which the payment should have been made until the day of full payment. A part of a month is considered as a full month.
3. Objections to the content or amount of invoices do not suspend the payment obligation of the client.
4. The costs incurred by Perfectionista to collect the outstanding amounts owed by the client, both judicial and extrajudicial, will be borne by the client. The extrajudicial collection costs are set at 15% of the outstanding principal, subject to a minimum of € 200.
5. In case of non-fulfillment of the (payment) obligations by the client, Perfectionista is authorized to terminate the agreement immediately or suspend (further) delivery of services until the moment the client has fully fulfilled the (payment) obligations, including the payment of due interest and costs.
6. The client does not have the right of set-off, suspension, termination due to default and/or annulment, unless provided for in these general terms and conditions. Perfectionista has the right to set off all amounts it is owed, whether or not due and payable, against the client.
Article 5 – Execution of services
1. The client is obliged to provide all data and information requested by Perfectionista. In addition, the client is obliged to provide all other facts and circumstances that may be of importance for the correct execution of the agreement in a timely manner.
2. The client is prohibited from using or making changes to the intellectual property rights, as described in this article, such as reproducing a design, unless with the written permission of Perfectionista or other right holders.
3. The client indemnifies Perfectionista against any claims of third parties regarding intellectual property rights on materials or data provided by the client, which have been used in the execution of the agreement.
Article 6 – Suspension and termination
1. Perfectionista is authorized to suspend the performance of its obligations or to terminate the agreement if:
a. The client fails to (fully) fulfill its obligations under the agreement;
b. Circumstances that have come to Perfectionista’s attention after the conclusion of the agreement give good reason to fear that the client will not be able to fulfill its obligations;
c. The client has been requested to provide security for the fulfillment of its obligations under the agreement at the time of the conclusion of the agreement, and this security is not provided or is insufficient.
2. Perfectionista may terminate the agreement if circumstances arise that are of such a nature that the performance of the agreement is impossible or can no longer be demanded according to standards of reasonableness and fairness, or if circumstances arise otherwise that are of such a nature that the unmodified maintenance of the agreement cannot reasonably be expected.
3. Perfectionista can terminate the agreement without notice and without judicial intervention by means of written notice with immediate effect if the client applies for or obtains provisional suspension of payments or is declared bankrupt, or if the client’s business is liquidated or terminated. Perfectionista will never be liable for any damages due to this termination.
4. Perfectionista can also terminate the agreement immediately in the manner described above if it turns out, for whatever reason, that it is not possible to achieve the agreed result in the execution of the agreement.
5. Amounts invoiced or yet to be invoiced by Perfectionista in connection with what it has already performed in the execution of the agreement remain due and payable without reduction and become immediately due and payable at the time of termination of the agreement.
6. If Perfectionista has provided goods to the client during the execution of the agreement, the client is obliged to return the goods, free from defects and in their original condition, within 5 days after the termination or dissolution of the agreement. If the client fails to fulfill this obligation, it will owe Perfectionista an immediately due and payable penalty equal to the market value of the goods at the time of the termination or dissolution of the agreement.
Article 7 – Training
1. In the context of these general terms and conditions, ‘training’ shall mean all training courses, workshops, and/or other meetings provided by Perfectionista.
2. Perfectionista reserves the right to refuse registrations for training courses without giving reasons.
3. Perfectionista reserves the right to cancel a training course in the event of insufficient registrations or to merge participant groups. In such a case, Perfectionista will inform the client in a timely manner.
4. If a training course is specifically provided for one client, Perfectionista may, if desired, adapt the materials used for the training (presentation, teaching materials, etc.) to the client’s (organization’s) needs. The client is permitted to request changes to be made once by Perfectionista.
5. Unless explicitly agreed otherwise, the rates charged by Perfectionista for training courses are exclusive of value-added tax. The participation fee payable by the client to Perfectionista is due in advance and must be credited to Perfectionista’s designated bank account as indicated on the invoice before the start of the training course. If payment has not been made on time, Perfectionista reserves the right to refuse participation in the training course.
Article 8 – Cancellation of training
1. Cancellation by the client of their participation in a training course is only valid if it is made in writing. In the case of cancellation by post, the date of the postmark is decisive for the time of cancellation. In the case of cancellation by fax or electronic means, the time of receipt of the fax or electronic message by Perfectionista is decisive for the time of cancellation.
2. Unless explicitly agreed otherwise in writing, the client can cancel free of charge up to four weeks before the start of a training course. In case of cancellation within four to two weeks before the start of a training course, the client is liable for 50% of the participation fee (including, if applicable, the catering arrangement). In case of cancellation within two weeks before the start of a training course, the client is liable for the full participation fee (including, if applicable, the catering arrangement).
3. In the event of absence or non-participation in a training course by the client or a participant appointed by the client without timely cancellation, the client is liable to Perfectionista for the full amount of the participation fee.
4. In case the client or a participant appointed by the client is unable to attend a training course, the client is authorized to have a replacement participate. This replacement applies for the full training course.
Article 9 – Applicable law and competent court
1. Dutch law shall apply exclusively to all offers, order confirmations, and agreements.
2. This regulation shall apply to disputes falling within the scope of the NBPO Complaints Procedure.
3. Disputes not falling within the scope of the NBPO Complaints Procedure shall be submitted to the competent court in the district in which Perfectionista is established, unless the law explicitly designates another court as competent.