Terms & Conditions
E-mail: marit@wanderfulacademy.com
Website: wanderfulacademy.com
Definitions
Wanderful Academy: established in De Weere, the Netherlands, Chamber of Commerce no. 70214840.
Customer: the party which Wanderful Academy has entered into an agreement with.
Parties: Wanderful Academy and customer together.
Consumer: a customer who is an individual acting for private purposes.
Applicability
These terms and conditions will apply to all quotations, offers, activities, orders, agreements, and deliveries of services or products by or on behalf of Wanderful Academy.
Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
Prices
All prices used by Wanderful Academy are in US dollars, are exclusive of VAT and other sales taxes, and are exclusive of any other costs such as administration costs, levies, and travel-, shipping- or transport expenses unless expressly stated otherwise or agreed otherwise.
Wanderful Academy is entitled to adjust all prices for its products or services, shown in its shop, on its website, or otherwise, at any time.
Increases in the cost prices of products or parts thereof, which Wanderful Academy could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.
Payments and payment term
The full purchase price is always paid immediately in the webshop.
Right of termination of service
As soon as the customer is in default, Wanderful Academy is entitled to invoke the right of recovery with regard to the unpaid services delivered to the customer.
Wanderful Academy invokes the right of recovery by means of a written or electronic announcement.
As soon as the customer has been informed of the claimed right of recovery, Wanderful Academy can revoke the access to every and any online platform, online course, community, membership, etc.
Suspension of obligations by the customer
The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
Right of retention
Wanderful Academy can appeal to his right of retention of title and in that case retain the services sold by Wanderful Academy to the customer until the customer has paid all outstanding invoices with regard to Wanderful Academy, unless the customer has provided sufficient security for these payments.
The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Wanderful Academy.
Wanderful Academy is never liable for any damage that the customer may suffer as a result of using his right of retention of title.
Settlement
The customer waives his right to settle any debt to Wanderful Academy with any claim on Wanderful Academy.
Refund policy
No refunds (services)
Services rendered including consulting, coaching, and copywriting, are not refundable. All projects require a non-refundable retainer to begin and the balance is due once the project is complete or in accordance to secure shopping cart terms and contract. Should a client choose not to complete a project, the deposit is kept for work invested in research, client contact, and any other service provided during the time Parties worked together.
Refund on memberships
If a member chooses to use the 12-month payment plan method, they can cancel their membership according to applicable consumer policy laws (a few days after the purchase). After the legal timeframe, the remaining cost of
the membership agreement will be charged as the cancellation fee.
You will be billed monthly. This will charge automatically and after 12 months will continue. After the 12 months, you can cancel anytime.
Please note that all Pay in Full Memberships are final sales and cannot be canceled unless what's foreseen in the applicable laws.
After the 12 months, you're automatically billed for another year.
You can cancel 7 days before you get billed for a new year/month.
Refund on coaching and/or consulting
There are absolutely no refunds on coaching and consulting once the services are rendered. We cannot guarantee results in a coaching or consulting relationship, because results depend on your openness to being coached and your willingness to do the work.
If you are not completely satisfied with your investment and are on a payment plan, you may request we stop collecting on future payments.
If you made a payment in full, and are unsatisfied, you may request a refund for any coaching or consulting sessions NOT rendered.
Copyright.
The material on this website and in the community platform is protected by copyright. You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any such content on a commercial basis, nor may you distribute any part of this content over any network or social media platform, sell or offer it for sale, or use such content to construct any kind of public database without direct written permission from the author or the publisher. For permission to use the content, please contact marit@wanderfulacademy.com.
Confidentiality
The client keeps any information he receives (in whatever form) from Wanderful Academy confidential.
The same applies to all other information concerning Wanderful Academy of which he knows or can reasonably suspect that it is secret or confidential, or of which it can expect that its disclosure may cause damage to Wanderful Academy.
The customer takes all necessary measures to ensure that he keeps the information referred to in paragraphs 1 and 2 secret.
The obligation of secrecy described in this article does not apply to information:
which was already made public before the customer heard this information or which later became public without being the result of a violation of the customer's duty to confidentiality
which is made public by the customer due to a legal obligation
The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after the end thereof.
Penalties
If the customer violates the articles of these general terms and conditions about secrecy or intellectual property, then he forfeits on behalf of Wanderful Academy an immediately due and payable fine of € 1.000 if the customer is a consumer and € 5.000 if the customer is a company, for each violation and in addition an amount of 5% of the aforementioned amount for each day that this violation continues.
No actual damage, prior notice of default, or legal proceedings are required in forfeiting the fine referred to in the first paragraph of this article.
The forfeiture of the fine referred to in the first paragraph of this article shall not affect the other rights of Wanderful Academy including its right to claim compensation in addition to the fine.
Indemnity
The customer indemnifies Wanderful Academy against all third-party claims that are related to the products and/or services supplied by Wanderful Academy.
Complaints
The customer must examine a product or service provided by Wanderful Academy as soon as possible for possible shortcomings.
If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Wanderful Academy of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
Consumers must inform Wanderful Academy of this within two months of detection of the shortcomings.
The customer gives a detailed description as possible of the shortcomings, so that Wanderful Academy is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this can in any case not lead to Wanderful Academy being forced to perform other work than has been agreed.
Giving notice
The customer must provide any notice of default to Wanderful Academy in writing.
It is the responsibility of the customer that a notice of default actually reaches Wanderful Academy (in time).
Joint and several Client liabilities
If Wanderful Academy enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Wanderful Academy under that agreement.
Liability of Wanderful Academy
Wanderful Academy is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
If Wanderful Academy is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
Wanderful Academy is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
If Wanderful Academy is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
All images, photos, colors, drawings, and descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Expiry period
Every right of the customer to compensation from Wanderful Academy shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.
Dissolution
The customer has the right to dissolve the agreement if Wanderful Academy imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
If the fulfillment of the obligations by Wanderful Academy is not permanent or temporarily impossible, dissolution can only take place after Wanderful Academy is in default.
Wanderful Academy has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Wanderful Academy good grounds to fear that the customer will not be able to fulfill his obligations properly.
Force majeure
In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Wanderful Academy in the fulfillment of any obligation to the customer cannot be attributed to Wanderful Academy in any situation independent of the will of Wanderful Academy, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Wanderful Academy .
The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions, and work stoppages.
If a situation of force majeure arises as a result of which Wanderful Academy cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Wanderful Academy can comply with it.
From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
Wanderful Academy does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
Modification of the agreement
If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.
Changes in the general terms and conditions
Wanderful Academy is entitled to amend or supplement these general terms and conditions.
Changes of minor importance can be made at any time.
Major changes in content will be discussed by Wanderful Academy with the customer in advance as much as possible.
Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
The customer cannot transfer its rights deferring from an agreement with Wanderful Academy to third parties without the prior written consent of Wanderful Academy.
This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.
Consequences of nullity or annullability
If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Wanderful Academy had in mind when drafting the conditions on that issue.
Applicable law and competent court
Dutch law is exclusively applicable to all agreements between the parties.
The Dutch court in the district where Wanderful Academy is established is exclusively competent in case of any disputes between parties unless the law prescribes otherwise.
Attribution
These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/nl/nl).
Drawn up on 28 february 2023.