Published on 21 October 2019

General Terms and Conditions of Dodo Coaching, established at Nieuwstraat 2C, 2011 GH in Haarlem, the Netherlands, registered with the Chamber of Commerce under number 75043173.

 

Definitions

In these General Terms and Conditions, the following terms are used as defined below, unless explicitly stated otherwise.

General Terms and Conditions: The General Terms and Conditions as stated below.
Dodo Coaching: Dodo Coaching, registered with the Chamber of Commerce under number 75043173.
Company: The Client acting in the exercise of a trade or profession.
Consumer: The Client not acting in the exercise of a trade or profession. It can be the parent/legal guardian of the child who has accepted the validity of these General Terms and Conditions and has purchased the product and/or had given instructions for the provision of the Service.
Parties: The Client and Dodo Coaching
Service: All work, of whatever form, that Dodo Coaching has carried out for, or for the benefit of, the Client.
Honorarium: The financial fee that is agreed with the Client for the performance of the assignment.
Distance sales: Every Contract concluded between the Client and the Dodo Coaching, where under an organised distance sales, with the exclusive use of one or more means of distance communication up to and including the time at which the Contract is concluded, such as a website, telephone or other means of distance communication.
Distance service- provision scheme: Every Contract concluded between the Client and the Dodo Coaching, where under an organised distance service-provision scheme, with the exclusive use of one or more means of distance communication up to and including the time at which the Contract is concluded, such as a website, telephone or other means of distance communication.
Assignment: The Contract of instruction to provide services.
Contract: Any Contract entered into between Dodo Coaching and the Client.
Products: All items that are the subject of the Contract entered into between Dodo Coaching and the Client.
Client: The one who has accepted the validity of these General Terms and Conditions and has purchase the product and/or had given instructions for the provision of the Service. The Client includes both consumers as companies.
Coupon codes: A coupon, which meets the security features, which by handing without any payment of discount the service or Product will be provided to the Client.
History form: A written questionnaire filled in and send by the child’s caregiver at least 3 business days before the scheduled second Consultation. The Client confirms that the provided information is complete and reflects the reality.
Consultation: The initial (free of charge) 20-minute Consultation by teleconference, followed by a 90-minute paid Consultation by either teleconference of at the location of the Client, and the telephone consultation scheduled to follow up on the implementation of the Sleep Project.
Sleep Project: A taylor-made written document sleep plan prepared by Dodo Coaching and delivered to the Client not later than 3 business days after the paid Consultation.
Workshop: Any free or paid workshop or group Consultation performed at a specific location and advertised on the Site.
Site:  Means the website: www.dodocoaching.com
Sleep Expert: A person providing Services in the name of Dodo Coaching
Notice: Any written or printed announcement required or permitted hereunder may be send by email to priscilla@dodocoaching.com or by mail to Nieuwstraat 2C, 2011 GH in Haarlem, the Netherlands. Such notice will be deemed to have been received 24 hours after it was sent.

Scope

These General Terms and Conditions apply to every offer and/or quotation and Contract entered into between Dodo Coaching and the Client, unless the Parties are departed from the General Terms and Conditions explicitly and in writing.

These General Terms and Conditions are also applicable to Contracts with Dodo Coaching for the implementation of which third parties must be involved.

The applicability of any of the Client’s purchasing conditions or other general terms and conditions is expressly excluded.

If one or more provisions of these General Terms and Conditions are void or voidable, the other provisions of these General Terms and Conditions remain in effect. In this event, Dodo Coaching and the Client will consult with each other to agree new provisions to replace the void or voided ones.

Departures from the Contract and the General Terms and Conditions are only valid if they are explicitly agreed with Dodo Coaching in writing and signed by Dodo Coaching.

If Dodo Coaching not always requires the strict compliance of these General terms and Conditions, this will not mean that the provisions of the General terms and Conditions will not apply, or that Dodo Coaching to any degree would lose the right in other cases to demand the strict compliance of these General terms and Conditions.

The Client agrees to participate in the process and communicate openly with Dodo Coaching about any questions and concerns about the child’s sleep, including any special needs, health issues, medical conditions, emotional situations or concerns you have about the child. The Client’s participation involves carrying out the Sleep Project that the Client and Dodo Coaching agree upon and discussing the Client’s experiences so that Parties may adequately assess any adjustments that may be needed

The Client confirms that his/her child is in good health and is not presently and will not be during the performance of the Contract, be under a family pediatrician or doctor’s care for any medical issue relating to sleep or any other condition that may be negatively affected by the Service performed by Dodo Coaching.

The Client confirms that his/her child does not (or will not during the Consultation) have any pre-existing health conditions, symptoms or congenital defects, which may be aggravated by the Service.

 

Offers and/or quotations

Offers and/or quotations should preferably be made in writing and/or in electronic form, unless pressing circumstances make this impossible.

Offers and/or quotations are valid for 48 hours. Offers and/or quotations lapse after this period has expired.

Dodo Coaching cannot be held to its offer and/or quotations if the Client, in accordance with the requirements of reasonableness and fairness and generally accepted standards, should have understood that the offer and/or quotation or an element thereof contains a manifest fault or clerical error.

If the acceptance departs from the offer and/or quotation included in the offer and/or quotation, whether or not on points of minor importance, then Dodo Coaching is not bound by this. The Contract then does not come into being in accordance with this differing acceptance, unless Dodo Coaching indicates otherwise.

A composite offer and/or quotation does not oblige Dodo Coaching to perform an element of the Assignment for a corresponding part of the stated price.

Offers and/or quotations do not automatically apply to future orders or reorders.

 

Formation of the Contract

The Contract comes into being through the timely acceptance by the Client of Dodo Coaching’s offer and/or quotation.

 

Duration of the Contract

The Client and Dodo Coaching may enter into a Contract for a limited period. The Client and Dodo Coaching will agree the period in mutual Consultation.

 

Ending of the Contract

The Client has to send the History Form to Dodo Coaching within 2 months. During those 2 months both the Client and Dodo Coaching are entitled to terminate the Contract.

 

Amendments to the Contract

If, during the implementation of the Contract, it becomes apparent that it is necessary to amend or supplement the Contract to ensure its proper implementation, then Dodo Coaching will inform the Client of this as soon as possible. The Parties will then amend the Contract in a timely manner and in mutual Consultation.

If the Parties agree that the Contract will be amended or supplemented, this can influence the time of the completion of the implementation. Dodo Coaching will inform the Client of this as soon as possible.

If the amendment or supplementation of the Contract will have financial, quantitative and/or qualitative consequences, then Dodo Coaching will inform the Client of this in advance.

If a fixed Honorarium, price and/or fee is agreed, then Dodo Coaching will indicate the extent to which the amendment or supplementation of the Contract will influence the price. In this event Dodo Coaching will attempt, as far as possible, to issue a quotation in advance.

Dodo Coaching may not make any additional charges if the amendment or supplementation is a consequence of circumstances that can be attributed to Dodo Coaching.

Amendments to the Contract originally entered into between the Client and Dodo Coaching are only valid from the time at which these amendments are accepted in writing by both Parties by means of a supplementary or amended Contract.

 

Implementation of the Contract

Dodo Coaching will implement the Contract to the best of its knowledge and ability, and in accordance with the requirements of good workmanship.

The Service provided by Dodo Coaching is not intended, nor is implied to be a substitute for professional medical advice. The Client is advised to always seek the advice of a healthcare-practitioner or other qualified healthcare provider with questions regarding medical conditions, or the health and welfare of the child.

Dodo Coaching is entitled to arrange for certain work to be carried out by third parties. The applicability of article 7:407, paragraph 2 and article 7:409 of the Dutch Civil Code is explicitly excluded.

Dodo Coaching is entitled to implement the Contract in phases.

If the Contract is implemented in phases, Dodo Coaching is entitled to invoice and require payment for each implemented element separately. If and for as long as this invoice is not paid by the Client, Dodo Coaching is not obliged to implement the following phase and is entitled to suspend the Contract.

The Client will issue all information or instructions that are necessary for the implementation of the Contract, or which the Client can be reasonably expected to understand are necessary for implementation of the Contract, to Dodo Coaching in a timely manner.

If the above-mentioned information and instructions are not issued, or not issued in a timely manner, then Dodo Coaching is entitled to suspend the implementation of the Contract. The additional expenses that are incurred through the delay will be borne by the Client.

The applicability of article 7:404 of the Dutch Civil Code is explicitly excluded.

Within 48 hours of the delivery of the Sleep Project to the Client, the Client must review the Sleep Project and schedule the start date for the implementation of the Sleep Project. If the Client fails to schedule the start date within this 48-hour period, Dodo Coaching reserves the right to cancel the following phases (e.g. follow-up services) and keep 75% of the full amount paid by the Client.

All telephone Consultations will be scheduled in advance.

The Sleep Expert will always endeavor to be on time; however, sometimes due to circumstances beyond his or her control, he or she may be late for your appointment. If our consultant is less than 30 minutes late, a refund or change in appointment are not available. If our consultant is more than 30 minutes late, a refund or change of appointment with no charge will be given at your request.

If Dodo Coaching needs to cancel your appointment for reasons beyond the Sleep Expert’s control, the next available appointments will be offered to you. If the offered dates and/or times are not suitable, you may request a refund.

Dodo Coaching will not provide medical advice in any way; however, Dodo Coaching may refer the Client to medical professionals.

 

Prices and fees

The first 20-minute Consultation is free of charge.

The prices and fees are expressed in euros and regarding the Client in the capacity of Consumer inclusive of VAT, import and export duties, excise duties and other taxes or government levies, unless indicated otherwise.

The prices and fees are expressed in euros and regarding the Client in the capacity of Company exclusive of VAT, import and export duties, excise duties and other taxes or government levies, unless indicated otherwise.

The prices and fees are exclusive of travel, accommodation, packaging, delivery, transportation costs and administration costs, unless indicated otherwise.

For shipments abroad no extra fee will be charged.

For in-home Consultations extra fees will be charged.

If a fee isn’t expressly agreed, the Honorarium and/or fee will be determined by the actual number of hours and the usual hourly fee of Dodo Coaching.

Dodo Coaching will provide a statement of all associated costs or provide information on the basis of which these costs can be calculated by the Client, in a timely manner before the Contract is entered into.

 

Amendment of prices and fees

If Dodo Coaching agrees a fixed Honorarium, price and/or fee when the Contract is entered into, then Dodo Coaching is entitled to increase this Honorarium, price or fee, also when the Honorarium, price or fee is not originally specified provisionally.

If Dodo Coaching has the intention of amending the Honorarium, price and/or fee, it will inform the Client of this as soon as possible.

If the increase of the Honorarium, price or fee takes place within 3 months of the Contract being entered into, the Client can terminate the Contract by means of a written statement, unless:

  • the increase arises from a right of Dodo Coaching or an obligation resting upon Dodo Coaching in accordance with the law;
  • the increase is due to a rise in the price of raw materials, wages etc. or on other grounds that could not reasonably have been foreseen when the Contract was entered into;
  • Dodo Coaching is still prepared to implement the Contract on the basis of that which was originally agreed;
  • it is stipulated that the implementation will be carried out more than 3 months after the Contract was entered into.

The Client is entitled to terminate the Contract if the Honorarium, price or the fee are increased more than 3 months after the Contract was entered into, unless it is stipulated in the Contract that the implementation will be carried out more than 3 months after the Contract was entered into.

Dodo Coaching will inform the Client in the event of the intention to increase the Honorarium, price or the fee, stating the extent of the increase and the date upon which it will take effect.

 

Distance service-provision scheme and/or sales

This provision only applies to the Client in the capacity as Consumer.

In the event of distance sales delivery has to take place within two months.

If Dodo Coaching did not has provided the required information regarding the right of withdrawal or did not issued the information in the correct form, the Client has the right to terminate the Contract, without given any reason, during a period of 3 months after the Client received the Products of Dodo Coaching. If the Dodo Coaching will provide the Client with the above-mentioned information during the 3 months, the withdrawal period shall expire fourteen days after the day upon which the Client receives that information.

If the Client sends the goods back, the Client has to return the goods in a proper packaging with all accessories and in original condition. The shipping costs will be at risk and for the account of the Client.

If the Client used his right to withdrawal the Contract, Dodo Coaching will reimburse all payments, including the shipping costs, within 30 days after the dissolution of the Contract.

If the goods are not available, Dodo Coaching will inform the Client of this as soon as possible and Dodo Coaching will reimburse the payment within 30 days. If Dodo Coaching and the Client agree that a good of similar quality and price may be delivered, the shipping costs will be for the account for the Client. The foregoing is only applicable if the Client uses his right to terminate the Contract during the withdrawal period.

The provisions of this article shall not apply if the Contract regards to

  • travel contracts;
  • services regarding accommodation, transport, hotel or catering;
  • products and/or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the Dodo Coaching and which may occur within the withdrawal period;
  • sealed goods for which were unsealed by the Client;
  • services which are performed on a specific date or during a specific period;
  • services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period;
  • services which are performed within the cooling-off period with the consent of the Client;
  • products which are delivered within the cooling-off period with the consent of the Client;
  • products that cannot be returned because of their nature, such as e-books and e-learning videos;
  • services that are specially performed;
  • products specifically made for the Client;
  • products and/or services that rapidly can be decay or can become outdated;

 

Delivery

Delivery regarding the Client in the capacity as a Consumer takes place by giving the Client control over the goods. After the delivery the good are at risk of the Client.

Delivery regarding the client in the capacity as a Company takes place by making the goods these are made available to the Client. After the delivery the good are at risk of the Client.

Delivery takes place at the (email-)address given by the client, unless otherwise agreed.

The Client is obliged to accept the purchased goods at the moment when they be handed over to him, unless this will entail serious objections or unreasonable costs

If the Client refuses to accept the goods at the place of delivery or the Client is negligent in providing data or instructions, which are necessary for the delivery, the goods which were intended for the delivery, will be stored at the risk and expense of the Client, after Dodo Coaching inform the Client of this.

The Client is obliged to accept the purchased goods at the moment they are available to him or when they be handed over to him.

If the Client refuses to accept the goods at the place of delivery or the Client is negligent in providing data or instructions, which are necessary for the delivery, the goods which were intended for the delivery will be stored at the risk and expense of the Client. In this case the Client shall bear any additional costs.

 

Delivery periods

The delivery will take place within 2 months.

If a period is agreed or stated for the delivery of the product, then this period is only indicative and is not to be regarded as a strict deadline.

If Dodo Coaching needs information or instructions from the Client that are necessary for the delivery, then the delivery period will commence after the Client has provided these to Dodo Coaching.

If a delivery period is exceeded, the Client must issue Dodo Coaching written notice of default, whereby Dodo Coaching will be offered a reasonable period to deliver the good.

A notice of default is not necessary if the delivery has become permanently impossible, or it otherwise becomes apparent that Dodo Coaching will not meet its obligations arising from the Contract. If Dodo Coaching does not delivery within this period, then the Client is entitled to terminate the Contract without judicial intervention and/or seeking compensation.

 

Implementation periods

The work will be carried out within a period stated by Dodo Coaching.

If a period is agreed or stated for the performance of particular work, then this period is only indicative and is not to be regarded as a strict deadline.

If Dodo Coaching needs information or instructions from the Client that are necessary for the implementation of the Contract (e.g. a competed History Form), then the implementation period will commence after the Client has provided these to Dodo Coaching.

If an implementation period is exceeded, the Client must issue Dodo Coaching with a written notice of default, whereby Dodo Coaching will be offered a reasonable period to nonetheless implement the Contract.

A notice of default is not necessary if the implementation has become permanently impossible, or it otherwise becomes apparent that Dodo Coaching will not meet its obligations arising from the Contract. If Dodo Coaching does not commence implementation within this period, then the Client is entitled to terminate the Contract without judicial intervention and/or seeking compensation.

 

Transfer of risk

This provision only applies to the Client in the capacity as a Company.

The items that are the subject of the Contract are at the cost and risk of Dodo Coaching until the time that these are made available to the Client.

The risk of loss, damage or reduction in value of items that are the subject of the Contract is transferred to the Client in the capacity as a Company at the time that the items become available to the Client in the capacity as a Company or to a third party designated by the Client.

 

Passing of Risk

This provision only applies to the Client in the capacity as Consumer.

Until the moment the goods are brought under the Client’s control, the goods subject to the Contract, will be for the account and at the risk of Dodo Coaching.

The risk of loss, damage or decrease in value of the goods that are subject to the Contract passes on to the Client in the capacity as a Consumer at the moment the goods are brought under the control of the Client in the capacity as a Consumer or a third party appointed by the Client.

 

Payment

Payment will take place by the use of Stripe or transfer to a bank account specified by Dodo Coaching, unless agreed otherwise. Transfer will take place by means of an invoice.

Payment will be made in advance.

The Client is not authorised to deduct any amount from the payable amount by reason of a counterclaim made by the Client.

Dodo Coaching and the Client may agree that payments are made in instalments in proportion with the progress of the work. If payment in instalments is agreed, the Client must make payment in accordance with the periods and percentages as established in the Contract.

Objections to the level of the invoice do not have the effect of suspending the payment obligations.

In the event of bankruptcy, suspension of payment or placement under conservatorship, the amounts owed to Dodo Coaching and the obligations of the Client towards Dodo Coaching are immediately claimable.

 

Retention of title

All items supplied by Dodo Coaching within the framework of the Contract remain the property of Dodo Coaching until the Client has properly fulfilled and fully complied with that which is required of it by virtue of the Contract.

Payable amounts also include the reimbursement of all charges and interest, including those of earlier or later supplies and services provided, as well as compensation claims due to breach of Contract.

For as long as the ownership of the supplied items has not been transferred to the Client, the Client may not sell on, pledge or in any other way encumber that which falls under the retention of title, except within the normal conduct of its business.

 

Coupon codes

Coupon codes can only be outsourcing at Dodo Coaching and are strictly personal.

The Client must carefully preserve Coupon codes. There will be no compensation in case of theft or loss.

Coupon codes are valid for 48 hours. Coupon codes cannot be returned or exchanged for money.

 

Suspension

If the Client does not fulfil an obligation arising from the Contract or does not meet it fully or in a timely manner, then Dodo Coaching is entitled to suspend the corresponding obligation. In the event of partial or inadequate fulfilment, suspension is only permitted in so far as this is justified by the shortcoming.

Moreover, Dodo Coaching is entitled to suspend the fulfilment of the obligations if:

  • after the Contract is entered into, Dodo Coaching becomes aware of circumstances that give good grounds to fear that the Client will not fulfil its obligations;
  • the Client is requested, on entering into the Contract, to provide security for the fulfilment of its obligations arising from the Contract, and this security is not provided or is insufficient;
  • circumstances arise of such a nature that fulfilment of the Contract is impossible, or that the unamended maintenance of the Contract cannot be reasonably required of Dodo Coaching.

Dodo Coaching reserves the right to claim compensation.

 

Termination

If the Client does not fulfil an obligation arising from the Contract, or does not meet it fully, in a timely manner or properly, then Dodo Coaching is entitled to terminate the Contract with immediate effect, unless the shortcoming, in view of its limited significance, does not justify the termination.

Moreover, Dodo Coaching is entitled to terminate the Contract with immediate effect if:

  • after the Contract is entered into, Dodo Coaching becomes aware of circumstances that give good grounds to fear that the Client will not fulfil its obligations;
  • the Client is requested, on entering into the Contract, to provide security for the fulfilment of its obligations arising from the Contract, and this security is not provided or is insufficient;
  • due to a delay on the part of the Client, Dodo Coaching can no longer be required to fulfil the Contract under the originally agreed conditions;
  • circumstances arise of such a nature that fulfilment of the Contract is impossible, or that the unamended maintenance of the Contract cannot be reasonably required of Dodo Coaching;
  • the Client is declared bankrupt, submits an application for a suspension of payment, requests the application of debt rescheduling for natural persons or is served with a writ of sequestration on all or part of its property;
  • the Client is placed under conservatorship;
  • the Client deceases.

Termination will take place by means of a written declaration, without judicial intervention.

If the Contract is terminated, the Client’s debts to Dodo Coaching become immediately due and payable.

If Dodo Coaching terminates the Contract on the above-mentioned grounds, Dodo Coaching is not liable for any costs or compensation.

If the termination is attributable to the Client, the Client is liable for the damage suffered by Dodo Coaching.

 

Force majeure

Breaches may not be attributed to Dodo Coaching or the Client if they are not their fault, or if they are not accountable by law, juristic act, or according to the generally accepted standards. In this case the Parties are also not bound to fulfil the obligations arising from the Contract.

In these General Terms and Conditions, the term “force majeure” is defined as – in addition to what is understood in law and jurisprudence in this regard – all external causes, foreseen or unforeseen, upon which Dodo Coaching can exercise no influence and through which Dodo Coaching is not able to fulfil its obligations.

Circumstances regarded as resulting in force majeure include strikes, lockouts, fire, water damage, natural disasters or other external contingencies, mobilisation, war, traffic congestion, blockades, import or export restrictions or other government measures, stagnation or delay in the supply of raw materials or machinery components and lack of labour forces, sickness and disease, as well as any circumstances through which normal business operations are impeded, as a result of which the fulfilment of the Contract by Dodo Coaching cannot be reasonably sought by the Client.

Dodo Coaching is also entitled to invoke force majeure if the circumstance that hinders (further) fulfilment of the Contract occurs after Dodo Coaching should have fulfilled its obligations.

In case of force majeure the Parties are not obliged to proceed with the Contract and are not bound to pay any compensation.

During the period that the force majeure continues, both Dodo Coaching and the Client can fully or partly suspend the obligations arising from the Contract. If this period lasts for longer than 2 months, both Parties are entitled to terminate the Contract with immediate effect, by means of a written notification, without judicial intervention and without the Parties being able to claim any damages.

If the situation of force majeure is of a temporary nature, Dodo Coaching reserves the right to suspend the agreed service for the duration of the situation of force majeure. In the event of permanent force majeure both Parties are entitled to terminate the Contract without judicial intervention.

If at the time of the occurrence of force majeure Dodo Coaching has already partly fulfilled, or will fulfil, its obligations arising from the Contract, and independent value accrues to the part fulfilled or to be fulfilled, then Dodo Coaching is entitled to separately invoice the part already fulfilled or to be fulfilled. The Client is bound to pay this invoice as if there were a separate Contract.

 

Examination and claims

The Client in the capacity of a Consumer is obliged to examine the delivered goods at the time of delivery, but in any case, within 2 days (48 hours) after the delivery. The Client must examine whether the quality and quantity of the Service comply with what the Parties agreed, at least meet the requirements that are common in trade.

The Client in the capacity of a Company is obliged to examine the Service at the moment of performance, but in any case, within 2 days (48 hours) after the performance of the Service. The Client must examine whether the quality and quantity of the Service comply with what the Parties agreed, at least meet the requirements that are common in trade.

Visible defects and shortcomings have to be reported within 48 hours after the delivery in writing to Dodo Coaching. The defective product must be returned together with the proof of purchase, unless this is impossible or unreasonably onerous. This applies for the Client in the capacity of a Consumer.

Visible defects and shortcomings have to be reported within 48 hours after the performance of the Service in writing to Dodo Coaching. The defective product must be returned together with the proof of purchase, unless this is impossible or unreasonably onerous. This applies for the Client in the capacity of a Company.

Non-visible defects and shortcomings have to be reported within 24 hours after its discovery to Dodo Coaching. The defective Product must be returned together with the proof of purchase, unless this is impossible or unreasonably onerous.

The right to (partial) restitution of the price, repair or replacement of the Product or compensation lapses, if the defects will not be reported within the prescribed period, unless the nature of the Product states otherwise or from circumstances of the case a broader period arises.

Any shipping-costs incurred for returning the defective Product Dodo Coaching will be reimbursed if the Client requested Dodo Coaching in writing to return the defective Product writhing 48 hours after the Product’s delivery. Other costs than shipping costs will never be reimbursed by Dodo Coaching, unless agreed in writing. The shipping costs will never be reimbursed when the Client didn’t ask Dodo Coaching in writing to send.

The payment obligation will not be suspended if the Client reports the defect to Dodo Coaching within the prescribed period.

If the Client complaints in time, the Client will stay obliged to purchase and pay for the purchased goods, unless these goods have no independent value.

 

Liability

The implementation of the Contract is entirely at the risk and responsibility of the Client. Dodo Coaching is only liable for direct damage that has arisen through wilful recklessness or an intentional act or omission of Dodo Coaching.

The liability of Dodo Coaching is excluded for indirect damage, including in any event consequential damage, loss of profit, lost savings and loss due to business interruption, or immaterial damage to the Client. In the case of consumer purchase, this limitation does not extend further than is permitted pursuant to article 7:24, paragraph 2 of the Dutch Civil Code.

Dodo Coaching is not liable for damage, of whatever nature, resulting from Dodo Coaching basing its actions upon inaccurate and/or incomplete information provided by the Client, unless this inaccuracy or incompleteness ought to have been known to Dodo Coaching.

The limitations of the liabilities in this article will not apply if the damage is due to an intentional act or recklessness of Dodo Coaching or due to his managing employee.

Dodo Coaching is not liable for mutilation, destruction, theft or loss of data or documents.

If Dodo Coaching is liable for any damage, then the liability of Dodo Coaching is limited to an amount equal to the amount stated in the invoice, or to the amount to which the insurance taken out by Dodo Coaching gives entitlement, with the deduction of the policy excess borne by Dodo Coaching under the terms of the insurance.

The Client must report the damage for which Dodo Coaching can be held liable to Dodo Coaching as soon as possible, but in any event within 10 days of the damage having arisen, on penalty of the forfeiture of any right to compensation for this damage.

Any liability claims against Dodo Coaching lapses within 1 year of the Client having become aware, or possibly reasonably having become aware, of the harmful event.

 

Indemnity

The Client indemnifies Dodo Coaching against any claims by third parties who suffer damage in connection with the implementation of the Contract which is attributable to the Client.

If Dodo Coaching may be sued for this reason, then the Client is bound to provide Dodo Coaching with both judicial and extrajudicial support. Furthermore, all costs and damage on the part of Dodo Coaching and third parties will be at the expense and risk of the Client.

 

Limitation period

In departure from the legal limitation period, a limitation period of 1 year applies to all claims against Dodo Coaching and any third parties brought in by Dodo Coaching.

The foregoing shall not apply to claims which are based on the non-conformity of the delivered goods of the Contract. In this case claims lapses after 3 years after the Client has informed Dodo Coaching about the defect of the delivered good.

 

Intellectual property

Dodo Coaching reserves the rights and powers accruing to it under the provisions of the Copyright Act and other intellectual property legislation and regulations.

Dodo Coaching reserves the right to utilise the knowledge acquired for the performance of the work and general information for other purposes and other work, in so far as no confidential information is hereby communicated to third parties.

 

Confidentiality

Both Dodo Coaching and the Client are obliged, for the duration of and after the termination of the Contract, to maintain confidentiality, unless otherwise stated in writing by the Client (e.g. a submitted letter of release from the Client in case Dodo Coaching needs to contact a third party). Confidentiality regards all facts and particulars concerning the business which they know or can reasonably suspect are confidential. This duty of confidentiality also includes all details of employees, clients, commissioning bodies and other business contacts which are learned of by reason of the Services.

 

Privacy and cookies

Dodo Coaching will store the details and information that the Client provides to Dodo Coaching carefully and confidentially.

Dodo Coaching acts in accordance with the GDPR which is effective from May 25, 2018. Dodo Coaching will keep a register of processing activities on the basis of the GDPR.

 

Dodo Coaching will only use the details and information of the Client in the context of the execution of its delivery obligation or the handling of a complaint.

Dodo Coaching may only use the personal details of the Client within the framework of the implementation of its obligation to supply, or of dealing with a complaint.

It is not permitted for Dodo Coaching to lend out, rent, sell or in any other way make public the personal data of the Client. The information that Dodo Coaching collects through cookies may only use this personal data for necessary specific purposes.

Dodo Coaching is not permitted to lend out, hire out or sell the personal details of the Client, or to publicise them in any other manner.

Dodo Coaching will not keep the personal data longer than necessary.
The Client is entitled to file a complaint with the Dutch Data Protection Authority regarding his / her personal data. The Dutch Data Protection Authority is obliged to handle this complaint.

The Client agrees that Dodo Coaching may approach the Client for statistical or customer satisfaction research. If the Client does not wish to be approached for research, the Client may make this known.

 

Newsletter

The Client can sign up for the newsletter.

The newsletter will keep the Client informed of the latest news and the most recent developments.

The Client will receive the newsletter by e-mail.

The Client can opt out in writing of though a hyperlink of the newsletter at any time. In this case, the Client will receive no more messages.

 

Amendment of the general terms and conditions

Dodo Coaching is entitled to amend the general terms and conditions unilaterally.

Amendments will also apply to Contract that are already concluded.

Dodo Coaching will inform the Client by e-mail about the amendments.

The amendments to the general terms and conditions will be in force thirty days after the Client is informed of the amendments.

If the Client does not agree with the announced amendments, the Client is entitled to terminate the Contract.

 

Applicable law, disputes

Dutch law is exclusively applicable to all legal relationships to which Dodo Coaching is a party. This also applies if an obligation is wholly or partly fulfilled outside of the Netherlands or if the Client has its place of business outside of the Netherlands.

The applicability of the Vienna Sales Convention (CISG) is excluded.

Disputes between Dodo Coaching and the Client will only be submitted to the competent court in the Noord-Holland district, unless the law mandatorily prescribes otherwise.