General Terms

Daniela Previti Coaching

 

Version - July 2022

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Welcome!

 

Thank you for taking the time to read the general terms and conditions of Daniela Previti Coaching. In these general terms and conditions, Daniela Previti Coaching stipulates the conditions under which it provides its services. Please read them carefully.

 

Should you, after reading these general terms and conditions, have any questions or comments, you can contact Daniela Previti Coaching in any of the following ways: 

 

Email: hello@danielapreviti.com

In writing: Brandpunt 126, 1705 SK, Heerhugowaard (the Netherlands)

 

Here are some important numbers:

 

Chamber of commerce: 83633499

VAT: NL003850004B86 

 

1 - Definitions

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1.1. In these general terms and conditions, the following terms, whether in the single or plural, will have the following meaning:

 

• Agreement: the agreement to perform the assignment;

• Consumer: every natural person not acting in the exercise of a profession or business;

• Dutch Civil Code: the Dutch Civil Code, “Burgerlijk Wetboek”, “BW”;

• In writing: communication via (registered) post, email or text message;

• Daniela Previti Coaching: the user of these general terms and conditions;

• Store: the online store of Daniela Previti Coaching, accessible at www.danielapreviti.com;

• We, us, our: you and Daniela Previti Coaching;

• You, yours: the natural person or legal entity (i.e. the client), that enters into an agreement with Daniela Previti Coaching or wishes to enter into an agreement with Daniela Previti Coaching.

 

2 - Applicability

 

2.1. These general terms and conditions apply to every offer made by Daniela Previti Coaching, the store and / or every agreement between us.

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2.2. Your general terms and conditions are hereby expressly rejected by Daniela Previti Coaching and will not apply to the agreement.

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2.3. It may happen that we want to make a deviation and / or additional agreement. These changes should always be laid down in writing, so that we both know where we stand.

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2.4. Daniela Previti Coaching reserves the right to amend and / or supplement these general terms and conditions, at any time. Daniela Previti Coaching will inform you in advance of any changes. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

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2.5. If a provision of our agreement and /  or these general terms and conditions is unlawful, invalid, or unenforceable for any other reason, this provision will be separated from the terms and conditions. The other provisions will remain in full force.

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3 - Offers and acceptance of the agreement

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3.1. Unless explicitly stated otherwise in writing, offers of Daniela Previti Coaching are without obligation. Offers do not automatically apply to follow-up orders.

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3.2. Daniela Previti Coaching cannot be held to its offer if you should have understood that the offer, or any part thereof, contained an obvious mistake or error.

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3.3. Prices are exclusive of VAT and in euros, unless you are a consumer, in which case the prices are inclusive of VAT.

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3.4. The astrology reading can be ordered online via the online store (by Stripe). To complete the order, you must accept the respective conditions and confirm the purchase. In other respects, i.e. outside the online ordering option via the store, the agreement is concluded by (i) signing a coaching contract provided by Daniela Previti Coaching, or (ii) after Daniela Previti Coaching has confirmed your booking-request via email, or (iii) if Daniela Previti Coaching may reasonably consider your behavior as (impression of) (argued) consent.

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3.5. Only the description of the services as specified in the offer / assignment or on the website of Daniela Previti Coaching, is binding for Daniela Previti Coaching. This means, among other things, that Daniela Previti Coaching is not bound by a deviation from the assignment. If you wish to change the assignment we can have a look at the possibilities, but please note that this could affect the price / deadline(s). Daniela Previti Coaching is never obliged to accept a change request. As an exception to article 6:225 (2) of the Dutch Civil Code, Daniela Previti Coaching is not bound by any changes to the agreement made by you at the time of acceptance, even if such changes only differ on minor points to the agreement as offered by Daniela Previti Coaching.

 

3.6. Unfortunately, Daniela Previti Coaching cannot guarantee the availability of digitals products and services offered on my website. Daniela Previti Coaching has the right to withdraw digital products / services at any time.

 

4 - Performance of the agreement

 

4.1. Daniela Previti Coaching will perform the assignment to the best of its knowledge and capabilities. However, Daniela Previti Coaching cannot guarantee the accomplishment of any intended result, unless we have explicitly agreed on this in writing and the result concerned has been described in a sufficiently precise manner. All services provided by Daniela Previti Coaching are therefore performed on the basis of a best-effort obligation.

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4.2. Daniela Previti Coaching provides online services. Please note that you are responsible for ensuring that the technical requirements for access to and use of the respective services booked, are met. So, for example, you are responsible for a stable internet connection.

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4.3. Any and all engagements will be performed solely for the benefit of you and not of third parties. Third parties cannot derive any rights from the content of the work performed, under any name or title whatsoever.

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4.4. The articles 7:404, 7:407, paragraph 2 and article 6:76 of the Dutch Civil Code are expressly excluded.

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4.5. You will provide Daniela Previti Coaching with all the information required for the proper execution of the assignment.

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4.6. If Daniela Previti Coaching performs any additional services upon your request or with your prior consent, you are required to reimburse these additional services according to the usual hourly rate of Daniela Previti Coaching. You understand that additional work may influence the performance of the agreement, the pre-agreed prices and / or deadline(s).

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4.7. Coaching programs are tailor-made. Daniela Previti Coaching may change the (contents of a) coaching program at any time and / or add to it, if Daniela Previti Coaching is of the opinion that such amendment does not fundamentally change the content of such program. A change or addition does not give you the right to a refund or compensation.

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4.8. If you are late for a call or (astrology) reading, it means that the call or reading will be shortened.

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4.9. You understand that the success of a coaching program depends largely upon your commitment. It is your sole responsibility to take action.

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4.10. Calls and readings are performed remotely through Zoom or any other video call platform, unless we agree otherwise.

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4.11. Any advice provided by Daniela Previti Coaching, in whatever form, can never be regarded as binding advice. You understand that all action taken is performed voluntarily and is your own responsibility.

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4.12. You are responsible to inform Daniela Previti Coaching on time of any special requirements needed. Daniela Previti Coaching will endeavour to accommodate such needs if it’s considered possible and reasonable.

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4.13. If you have a valid reason to reschedule a coaching call or reading, please let Daniela Previti Coaching know as soon as possible, but always with at least 24 hours' notice, by sending an email to hello@danielapreviti.com. If you miss a call or reading without at least 24 hours' notice, the call or reading will be cancelled and cannot be rescheduled.

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4.14. If you follow a coaching program, please note that the coaching sessions must be used within the month to which they relate. Any sessions not used may not be carried over into the following months.

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4.15. Daniela Previti Coaching may assign tasks to you or homework to complete between sessions. Of course you’re not obliged to complete these tasks, but not doing so may slow down your progress. Make sure you come prepared to any coaching sessions!

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4.16. Daniela Previti Coaching is available by WhatsApp in between scheduled coaching sessions from Monday to Friday, within reason. Daniela Previti Coaching will respond to your Whatsapp messages within 24 hours.

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4.17. You understand and acknowledge that Daniela Previti Coaching is not functioning as a licensed mental health professional and the services offered are not, in any way, intended as a replacement for therapy, counseling and / or mental health care.
 

5 – Intellectual property
 

5.1.       Daniela Previti Coaching has spent considerable time (and resources) in the development of the services that are offered. All material relating to the coaching program and the readings is subject to intellectual property rights.

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5.2.      Daniela Previti Coaching grants you a limited, non-exclusive, non-sublicensable and non-transferable license to use the material for the purpose for which it is provided for. You’re only allowed to use the material for internal, personal and non-commercial purposes. Without prior consent of Daniela Previti Coaching, such material should not be made public, reproduced or otherwise be made available to any third party.

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6 - Prices

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6.1. The price of the services and digital products shall be the one quoted on the website and / or in the offer, except when there is a manifest error.

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6.2. You agree to electronic invoicing, if we have agreed that Daniela Previti Coaching will invoice you for the provided services. Daniela Previti Coaching will send an (electronic) invoice according to the agreed payment schedule. Payment must be made within 14 days after the invoice date. 

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6.3. The invoice must be paid without suspension, discount or setoff. Complaints or objections submitted do not suspend your payment obligations, if you’re not a consumer.

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6.4. I If you fail to fulfil your payment obligations in a timely manner (resulting, for example, from reversal) Daniela Previti Coaching shall first inform you of the late payment and grant you an additional term of 14 days within which to fulfil your payment obligations. If you fail to fulfil your payment obligations within this additional term, Daniela Previti Coaching is entitled to charge the statutory interest on the amount still owed and extrajudicial collection costs that it incurs. These collection costs for consumers will amount to a maximum of: 15% of outstanding amounts up to € 2.500,= 10% of the subsequent € 2.500,= and 5% of the following € 5.000, with a minimum of € 40,=. Daniela Previti Coaching can diverge from the stated amounts and percentages if this is in the consumer’s benefit.

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6.5. Daniela Previti Coaching is entitled to revise its rates. Naturally, Daniela Previti Coaching will inform you of this. If the price change does not result from an annual indexation of the prices, you may choose to terminate an existing agreement in writing as of the date on which the new prices would take effect. However, you must do this within 14 days of Daniela Previti Coaching informing you of the price change. 

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7 - Termination

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7.1. Daniela Previti Coaching is entitled to terminate the agreement at any time if further performance of the agreement by Daniela Previti Coaching is unacceptable (for example, if you don’t meet your obligations under the agreement). Daniela Previti Coaching is never obligated to pay any compensation related to the termination of the agreement and / or refund payments already received by Daniela Previti Coaching. 

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7.2. You may cancel the Astrology Reading with at least 24 hours' notice, by sending an email to hello@danielapreviti.com. You will receive a full refund.

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7.3. You may at any time terminate the coaching program. If the service provision agreement ends before the coaching program has been completed, then Daniela Previti Coaching is entitled to a remuneration (fee) which has to be determined on the basis of reason (such as the work already performed by Daniela Previti Coaching, the benefit that you have gained from the work and the ground which has lead to the end of the agreement.).

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8 - Lapse of the right of withdrawal (consumer)

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8.1.  This article is only applicable to you if you’re a consumer. Professional customers don’t have a right of withdrawal.

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8.2.  In the case of a contract for the provision of services, the right of withdrawal lapses if Daniela Previti Coaching has provided the service in full and only began to perform the service after you gave your express approval and simultaneously confirmed that you were aware that you would lose your right of withdrawal if I had completely fulfilled the contract.

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8.3. In the case of a contract for the delivery of digital content that is not stored on a physical data carrier, the right of withdrawal also lapses if Daniela Previti Coaching has begun to perform the contract after you gave your express approval and simultaneously confirmed that you were aware that you would lose your right of withdrawal once Daniela Previti Coaching had begun to perform the contract.
 

9 - Limitation of liability

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9.1. It’s important to know that Daniela Previti Coaching’s liability is limited.

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9.2. Daniela Previti Coaching’s liability for any damage resulting from an unlawful act, an attributable failure to comply with the agreement or otherwise, is excluded (unless otherwise stipulated in these general terms and conditions). Indirect damage (such as reputational damage, consequential damage, lost profits or missed savings) shall never be at the expense of Daniela Previti Coaching. Daniela Previti Coaching also excludes any liability for third party failures, including but not limited to, people involved by these third parties. If Daniela Previti Coaching is nevertheless liable, Daniela Previti Coaching shall only be liable up to the invoice amount, with a maximum of EUR 1,000.

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9.3. Unless performance of the agreement is permanently impossible, Daniela Previti Coaching’s liability for attributable failures in the performance of the agreement will be incurred only if you immediately send Daniela Previti Coaching a notice of default, setting a reasonable term for the recovery of the failure, and Daniela Previti Coaching is also after that term attributable failing to fulfill its obligations.

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9.4. The exclusion and limitation of liability as set out in these general terms and conditions do not apply if and insofar as the damage is the result of intent or gross negligence by Daniela Previti Coaching.

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9.5. Any claim for damages, shall expire within a period of 12 months after the completion of the assignment. 

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9.6. You indemnify Daniela Previti Coaching against any third-party claim connected with the performance of the agreement.

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10 - Force Majeure

 

10.1. Daniela Previti Coaching cannot be held to fulfill its obligations, if it is hindered in doing so as a result of force majeure

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10.2. But what exactly is force majeure? Force majeure is any circumstance, foreseen or unforeseen, over which Daniela Previti Coaching has no control and which prevents Daniela Previti Coaching from reasonably fulfilling its obligations, such as:

 

• failures of the Internet, data network or power;

• measures by public authorities;

• cybercrime;

• non-delivery or late delivery by suppliers or other third parties engaged and force majeure on their part.

 

10.3. In the event of force majeure on the part of Daniela Previti Coaching, Daniela Previti Coaching shall be entitled to temporarily suspend the execution of the agreement. Daniela Previti Coaching shall, of course, inform you of this in writing. If, as a result of force majeure, execution of the agreement is impossible for longer than one month, or becomes permanently impossible, then either of us may dissolve the agreement. In such an event, Daniela Previti Coaching shall charge you for the services already provided.

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11 - Confidentiality & privacy

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11.1. We shall observe secrecy with respect to all confidential information (meaning, insofar as such information is specified as confidential or if the recipient knows or ought reasonably to suspect it to be of a confidential nature). Confidential information may be disclosed to a third party if any of us is required to do so by statutory regulation, court ruling, or if disclosure is necessary for the proper performance of the work by Daniela Previti Coaching. Confidentiality obligations shall continue after the agreement has been terminated.

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11.2. Daniela Previti Coaching will only process personal data from you in the performance of the agreement and / or as mentioned in its privacy and cookie policy.

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12 - Applicable law, competent court

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12.1. Should any dispute arise, we will do our best to find a solution. Any dispute that cannot be settled amicably, shall be submitted exclusively to the competent court in Noord-Holland. The consumer will have the right to choose to have the dispute settled by the competent court according to the law, within one month after Daniela Previti Coaching has invoked the jurisdiction of the competent court in Noord-Holland in writing.

 

12.2. These general terms and conditions and all agreements between us are exclusively governed by Dutch law.  

 

13 - Last but not least

13.1. Daniela Previti Coaching may assign its rights to others. You may do so only after obtaining written permission from Daniela Previti Coaching.

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