General Conditions

These are the general terms and conditions of the Astrology Practice of Ben Rovers (“Praktijk Ben Rovers”). The address of Praktijk Ben Rovers is Marialaan 310, 6541 RR Nijmegen, with the Chamber of Commerce number 24323153.

Should you have any questions about these conditions, please contact us at info@benrovers.com, +31610888242 or by mail: Praktijk Ben Rovers, Marialaan 310, 6541 RR Nijmegen.

We have the right to modify these general terms and conditions. You agree that the latest version of these general terms and conditions will always apply to the assignment. Agreements that deviate from these general terms and conditions are only valid if recorded in writing.

Article 1 – Services

Our services include individual coaching programs, a variety of astrological services, copywriting and performing as a speaker for groups.

Article 2 – Application of general conditions

These general terms and conditions apply to every offer, quotation and assignment between Practice Ben Rovers and you (the “Client”). We will send these terms and conditions to you free of charge upon request. The general terms and conditions are also available at https://benrovers.com/algemene-voorwaarden/.

Article 3 – Formation of assignment

The assignment is established when the Client shows its consent to the assignment.

Article 4 – Quotes and offers

1. All offers and quotations made by Practice Ben Rovers are without obligation, unless otherwise agreed. An offer in a quotation applies only to the specific underlying assignment (and not to any future assignments).
2. If the Client provides data to Praktijk Ben Rovers, Praktijk Ben Rovers may assume that they are correct and will base its quotation on them.

Article 5 – Prices

1. Prices are in euros, excluding additional costs, unless expressly stated otherwise or agreed upon otherwise.
2. Practice Ben Rovers may increase the price for services on an interim basis if unforeseen and cost-increasing circumstances occur after the conclusion of the assignment.
3. If Practice Ben Rovers is forced to increase the price due to the circumstances mentioned in the previous article, the Client has the right to cancel the assignment. Costs or hours already incurred will be charged. The Client is not entitled to compensation or damages in such cases.

Article 6 – Payment and collection costs.

1. Client must always pay within thirty days of invoice date. Practice Ben Rovers will invoice on a monthly basis.
2. If Client fails to pay the invoice on time, he is legally in default. Client will then owe the statutory interest rate (if he is a consumer) or the statutory commercial interest rate (if he is a company). The interest on the amount due shall be calculated from the moment Client is in default until the moment of payment of the full amount due.
3. If the Client is in default, he will also owe Practice Ben Rovers all extrajudicial collection costs. For an invoice amount up to €267, these costs will be €40. For a higher invoice amount, the maximum collection costs are as follows:

• • 15% on the first €2,500;
  • 10% on the portion remaining after that, up to €5,000;
  • 5% on the portion remaining after that, up to €10,000;
  • 1% on the portion remaining after that, up to €200,000;
  • 0.5% on the remaining portion, with total collection costs not exceeding €6,775.

1. The entire claim of Practice Ben Rovers against Client is immediately due and payable if:

1. 1. Client misses a payment deadline;
   2. Client is declared bankrupt or is in receivership;
   3. Client (company) is dissolved or liquidated;
   4. Client (natural person) is placed in receivership or dies.

Article 7 – Contract duration

1. Practice Ben Rovers and Client enter into the assignment for an indefinite period of time, unless the Parties agree otherwise.
2. The agreement may be terminated by either party at any time without notice.

Article 8 – Execution period

1. If the Client owes an advance payment or is required to provide information or materials, the period within which Practice Ben Rovers must complete the work does not commence until payment, information or materials are received by Practice Ben Rovers.
2. If a deadline is agreed or given for the execution of the assignment, this is never a fatal deadline. If a deadline is exceeded, Client must first give Praktijk Ben Rovers written notice of default.
3. The Client may not dissolve the assignment due to Practice Ben Rovers exceeding a deadline. This does not apply if the execution is permanently impossible or if Praktijk Ben Rovers also fails to execute the order within a deadline communicated again in writing by Praktijk Ben Rovers.

Article 9 – Third Parties

Practice Ben Rovers may have work performed (in part) by third parties. Articles 7:404 BW (performance by certain person), article 7:407 paragraph 2 (joint and several liability) and 7:409 BW (death of certain person) are not applicable.

Article 10 – Execution of assignment

1. Practice Ben Rovers will carry out the assignment to the best of his knowledge and ability and according to the requirements of good workmanship.
2. Practice Ben Rovers may perform the assignment in several stages and invoice the parts performed separately.
3. If Praktijk Ben Rovers executes the assignment in phases, he may suspend the execution of the parts of a subsequent phase until Client has approved the results of the previous phase in writing.
4. Client shall ensure that it provides Praktijk Ben Rovers with any information or materials in a timely manner that are necessary for Praktijk Ben Rovers to perform the assignment.
5. If the Client fails to provide the necessary information or materials in a timely manner, Praktijk Ben Rovers may suspend performance of the assignment and invoice the additional costs resulting from the delay. Praktijk Ben Rovers shall not be liable for damages resulting from the fact that Praktijk Ben Rovers relied on incorrect or incomplete information provided by the Client.

Article 11 – Modification of assignment

1. If during the assignment it appears that for proper performance it is necessary to change or supplement the content of the assignment, the parties will do so by mutual agreement.
2. Practice Ben Rovers may increase or decrease the agreed price. Praktijk Ben Rovers will (if possible) give a price quotation in advance. A change in the order may also change the specified period of execution. Client accepts the possibility of modification of the order, price and period of execution.
3. Practice Ben Rovers may refuse a request to change the assignment from the Client if it may affect the work in qualitative or quantitative terms.

Article 12 – Suspension, dissolution

1. Practice Ben Rovers may suspend the assignment if he is temporarily unable to fulfill his obligations due to circumstances (beyond his control or of which he was unaware).
2. If fulfillment is permanently impossible, the parties may rescind the contract for the part not yet fulfilled.
3. Praktijk Ben Rovers may suspend or dissolve fulfillment of the assignment if the Client fails to fulfill his obligations, or fails to do so in full or on time. Client must then pay or indemnify Praktijk Ben Rovers for damages.

Article 13 – Interim termination

1. If Praktijk Ben Rovers terminates the assignment prematurely, Praktijk Ben Rovers will arrange for the transfer of the work still to be performed to third parties, unless the termination is attributable to the Client. If the transfer of the work involves extra costs for Praktijk Ben Rovers, the costs will be borne by the Client.
2. Practice Ben Rovers may immediately terminate the assignment (and is not liable for damages or compensation) in any of the following cases:

1. 1. Client exceeds a payment deadline;
   2. Client is bankrupt or in receivership;
   3. Client (company) is dissolved or liquidated;
   4. Client (natural person) is placed in receivership or dies;
   5. There is another circumstance that prevents the Client from freely disposing of its assets.

Article 14 – Force majeure

1. Practice Ben Rovers does not have to fulfill its obligations in the event of force majeure.
2. Practice Ben Rovers may suspend the obligations of the assignment during the period of force majeure. If this period lasts longer than three months then both parties may dissolve the assignment without being obliged to pay damages.
3. If Practice Ben Rovers has partially fulfilled its obligations and if the fulfilled portion has independent value, Practice Ben Rovers may invoice the fulfilled portion.

Article 15 – Retention of title

1. Anything supplied by Praktijk Ben Rovers shall remain the property of Praktijk Ben Rovers until Client has fulfilled all his obligations in full.
2. Client must do everything he can reasonably do to secure the property of Practice Ben Rovers.
3. If Practice Ben Rovers wishes to exercise its property rights, the Client gives unconditional and irrevocable permission to Practice Ben Rovers to enter all places where the property is located so that Practice Ben Rovers can take it back.

Article 16 – Warranties

1. Practice Ben Rovers guarantees that what he delivers meets the usual requirements and standards that can be set at the time of delivery.
2. This warranty does not apply if Client misuses the delivered item.
3. This warranty also does not apply if a defect occurs due to circumstances beyond the control of Practice Ben Rovers.

Article 17 – Complaints

1. Client must report any complaints in writing and within one month.
2. If Client files a complaint in time, it does not suspend his payment obligation.
3. If Client reports a complaint later, he is no longer entitled to repair, replacement or compensation.
4. If it is established that an item is defective and this has been reported in time, Practice Ben Rovers shall replace, repair or reimburse the defective item within a reasonable time after written notification of the defect by the Client.
5. If it is determined that a complaint is unfounded, the costs incurred by Praktijk Ben Rovers as a result (such as investigation costs) will be borne entirely by the Client.

Article 18 – Liability

1. Practice Ben Rovers is only liable for direct damages of the Client, which are directly and exclusively the result of a shortcoming of Practice Ben Rovers.
2. Praktijk Ben Rovers is not liable for damages caused by his reliance on incorrect or incomplete information provided by the Client.
3. The liability of Practice Ben Rovers is always limited to the invoice value with a maximum of €5000.00.
4. In any event, the liability of Practice Ben Rovers is limited to the amount paid by its insurer in that case.
5. The limitations of liability contained in this article do not apply if the damage is due to intent or gross negligence of Practice Ben Rovers.

Article 19 – Privacy Statement

Practice Ben Rovers protects your personal data well. You can find our privacy statement on our website.

Article 20 – Limitation period

The statute of limitations for all claims and defenses against Practice Ben Rovers is one year.

Article 21 – Indemnification

1. Client shall indemnify Praktijk Ben Rovers for any claims by third parties who suffer damage as a result of the execution of the assignment and the cause of which is not attributable to Praktijk Ben Rovers.
2. If third parties sue Praktijk Ben Rovers, Client shall assist him both extra-judicially and judicially and do everything that may be expected of him in that case.
3. If the Client fails to take action, Practice Ben Rovers may do so itself. All costs and damages incurred by Praktijk Ben Rovers as a result will be entirely at the expense and risk of Client.

Article 22 – Intellectual property

1. Practice Ben Rovers retains all rights to plans, documents, images, drawings, software, creations and related information made by him. This applies even if costs have been charged for them or if improvements have been made later.
2. Client may not copy the items mentioned in the previous paragraph (if not for internal use at Client), show them to third parties or make them available for any other purpose other than for which they have been provided by Practice Ben Rovers.

Article 23 – Secrecy

1. Unless there is a legal duty or professional obligation to disclose, Practice Ben Rovers will keep all Client information confidential from third parties.
2. Practice Ben Rovers will not use the information given by Client for any purpose other than that for which it was obtained, except when Practice Ben Rovers is acting in a proceeding in which these records may be relevant.
3. Client shall not disclose the contents of agreements, order confirmations, offers, reports, advice or other expressions of Practice Ben Rovers, written or otherwise, and shall ensure that third parties do not see their contents.

Article 24 – Nullity

If any part of these terms and conditions is void or voidable, that does not change the validity of the rest of the Agreement. The void or annulled part will be replaced by a provision that follows as closely as possible the content of the void provision.

Article 25 – Conflicting clause

In the event that these general terms and conditions and the contract contain conflicting terms, the terms contained in the contract shall prevail.

Article 26 – Applicable law

Dutch law.

Article 27 – Competent court

East Brabant District Court.