General Terms and Conditions of
Core Abundant Lifestyle B.V. for
the supply of products and the provision of services
a. Services: analyses, research, advice, designs, project management and management support, personal and business coaching, training and events.
b. Products: Products Core Abundant Lifestyle advises in relation to personal or business coaching. Equipment, software, documentation, and as a part thereof services provided such as installation, training and service included in the guarantee. With respect to products supplied under a right of use, the term 'purchase' will be taken to mean: 'acquisition of the right to use' and the term 'purchaser' or 'customer' shall be taken to mean: 'party having the right to use'.
c. Parties: Core Abundant Lifestyle B.V. or under the holding covered companies will hereinafter be referred to as Core Abundant Lifestyle, the other party with purchaser or customer.
2. Orders, prices, rates
a. The prices and rates for products and services are listed in an offer from Core Abundant Lifestyle or at the most recent pricelist of Core Abundant Lifestyle.
b. Prices and rates will always be free of obligation unless a term of validity is stated. The prices and rates charged by Core Abundant Lifestyle at the moment the order is accepted by Core Abundant Lifestyle will apply.
c. Prices of products Core Abundant Lifestyle purchases elsewhere will always be subject to changes.
d. Price changes regarding Core Abundant Lifestyle’s own products and services will only be passed on if the delivery takes place more than 3 months after the order has been placed.
a. Delivery will take place from the address of Core Abundant Lifestyle or for third-party products from the address of the supplier in question, unless otherwise agreed upon with purchaser or customer by written agreement. The products will be entirely for the risk of purchaser or customer from the moment of delivery.
b. Core Abundant Lifestyle will not be liable for any delay in the delivery for reasons which cannot reasonably be attributed to Core Abundant Lifestyle.
4. Calculation, invoicing and payment
a. Services provided on the basis of actual costs will be invoiced at regular intervals.
b. Services provided on the basis of estimated cost (fixed amount), will be invoiced in conformity with the agreed price. The invoicing manner as well as the corresponding terms of payment will be separately arranged by contract for each separate order. If this has not been arranged, paragraph 1 of this clause will apply.
c. Invoices must be paid within the number of days stated on the invoice following the invoice date.
d. If purchaser or customer does not agree to an invoiced amount, all other amounts must still be paid within the term of payment. Purchaser or customer must state his reasons for not agreeing to the amount in question to Core Abundant Lifestyle in writing within the term of payment.
All amounts will be exclusive of VAT and any other government levies unless explicitly stated that they are inclusive.
6. Cancellation, delay
a. If purchaser or customer entirely or partly cancels an order for provision of services or products, purchaser or customer will owe cancellation costs amounting to 10% (ten percent) of the agreed amount, to a maximum of € 10,000 (ten thousand euro). Postponement of delivery will only be possible after the prior written permission from Core Abundant Lifestyle.
b. Date of delivery can also be taken to mean commencement date of a project.
7. Services at location
If the order also includes services at location, installation of software and/or equipment or an inhouse training or event, purchaser or customer will be responsible for the availability of a safe and suitable (installation) location at the time of delivery, such at the discretion of Core Abundant Lifestyle. If this condition is not met, Core Abundant Lifestyle may charge additional costs.
a. The products developed by Core Abundant Lifestyle based on estimated cost will come with a three- month guarantee after delivery until three months after the moment of acceptation. The moment of acceptation will be agreed in advance and will never fall more than one month after the moment of delivery. Any defects notified during the guarantee period will be settled for the account of Core Abundant Lifestyle. A full-maintenance contract can be concluded from the date of acceptance.
b. Settlement of defects in products supplied on the basis of actual costs will be charged on the basis of actual costs. With respect to services and products to be provided or supplied by third parties, the guarantee conditions of the supplier in question will apply.
c. A standard guarantee period of six months will apply to consumer products produced and supplied by Core Abundant Lifestyle. Any deviations from the product specifications notified for these products within this period will be solved by Core Abundant Lifestyle.
a. Core Abundant Lifestyle guarantees an uninterrupted professional level of service.
b. Core Abundant Lifestyle may use the services of other service providers and suppliers.
10. Copyright and right to use
a. The source codes and/or documents of products which have been developed on instructions will be made available to the customer after the guarantee period has expired. The customer will have the right to use the delivered source codes and/or documents from that moment.
b. Core Abundant Lifestyle will at all times retain the right to entirely or partially use these source codes and/or documents for other projects.
c. Core Abundant Lifestyle or third parties realising the development on the instructions of Core Abundant Lifestyle will reserve the copyright to all products which Core Abundant Lifestyle has been instructed to develop.
d. The right to use the source codes of standard software will not be granted.
e. The customer will not be permitted to provide copies free of charge or against payment to third parties. This will also apply to products which Core Abundant Lifestyle has purchased from third parties.
a. Core Abundant Lifestyle will only be liable in respect of purchaser or customer for his direct loss caused by Core Abundant Lifestyle. The liability will be limited to the amount paid by the insurance company of Core Abundant Lifestyle for the loss in question.
b. Core Abundant Lifestyle will never be liable for any loss caused by advice or any loss caused by software.
c. Core Abundant Lifestyle will never be liable for the consequential loss, of whatever nature, of any defects in products supplied or services provided.
d. Core Abundant Lifestyle will never be liable for any infringement of copyrights of third parties by purchaser or customer.
e. Any claims for damages must be notified to Core Abundant Lifestyle within 30 (thirty) days after they have arisen.
f. The exclusions in this clause will not apply in the event of intentional act or omission or gross negligence by Core Abundant Lifestyle.
12. Force majeure
a. In the event of force majeure, parties will not have the right to hold each other liable for the loss this has caused.
b. The party that is unable to fulfil its obligations on account of this must rely on force majeure in writing stating the reasons.
a. The ownership to all products Core Abundant Lifestyle supplies will remain with Core Abundant Lifestyle until the invoice related to these products has been completely paid by purchaser or customer.
b. The risk of loss will however be for the account of purchaser or customer from the moment of delivery.
c. The risk of loss of damage of products that customer has temporarily made available to Core Abundant Lifestyle for installation and/or testing will lie entirely with customer.
14. Applicable law
a. European law will apply to all contracts, work and deliveries, for Core Abundant Lifestyle this will be Netherlands law.
b. Any disputes which is not provided for by these General Terms and Conditions and which parties cannot settle will be submitted to the competent court in the district in which Core Abundant Lifestyle has its registered office at that moment.
These General Terms and Conditions can only be deviated from in writing in a contract which has been signed by both parties.