Terms and conditions
Terms and Conditions
General Terms and Conditions of Pia Sophia, established on 05-08-2021. Pia Sophia is registered with the Netherlands Chamber of Commerce under number 72070439.
Article 1 General
In these general terms and conditions, the following definitions apply:
- Client: the party giving the order
- Contractor: Pia Sophia
- Assignment: any order to perform services that is concluded between the client and the contractor, any changes or additions thereto, as well as all actions in preparation for and for the execution of that order.
- Assignment: the written representation of the agreement about the nature of the services, rates, terms and the like.
- Selling party: Pia Sophia
- Consumer: the person who buys one or more product(s) from Pia Sophia without entering into a contract for services with her.
Article 2 The Agreement
- An assignment is concluded with Pia Sophia as such. Only Pia Sophia is regarded as the contractor vis-à-vis the client.
- The client is the person for whom the work is performed.
- Pia Sophia is obliged to exercise the care that can reasonably be expected of her under the given circumstances with regard to the servies provided by or on behalf of her. Pia Sophia is not responsible for achieving the intended result.
- These general terms and conditions also apply to any additional or follow-up assignments.
- These general terms and conditions also apply to cases in which a consumer buys one or more product(s) from the selling party.
Article 3 Applicability of General Terms and Conditions
These general terms and conditions apply to all legal relationships between the contractor and the client, subject to changes in these terms and conditions, which must be expressly confirmed in writing by both parties. If the contractor has agreed on a deviation from these terms and conditions with the client for any assignment, the client can never invoke this for later assignments.
Article 4 Quotations; Duration of the Agreement
- The offers and quotations made by the contractor are without obligation. They are valid for 14 days after dispatch, unless expressly stated otherwise. The contractor is only bound by offers if the acceptance thereof is confirmed in writing by the client within 14 days after dispatch.
- The agreement is entered into for a definite period of time (agreed number of hours) unless it follows from the content, nature or purport of the assignment that it has been entered into for an indefinite period of time.
- If during the execution of an order work has been performed for the client that is not covered by an agreement or an order confirmation, then the presumption is derived from the related notes regarding interim consultations between the client and the contractor in the contractor's administration that these activities have been performed on an incidental basis for the client.
Article 5 Execution of the Assignment
- The contractor is obliged to carry out the assignment to the best of its ability and to perform it as a professional who acts with care. However, the contractor cannot guarantee the achievement of any intended result.
- The contractor can only perform and charge the client for more work than for which the order has been given, if the client has given permission for this in advance.
Article 6 Rates and Fee
- Pia Sophia is entitled to the fee and additional costs. Additional costs are a reimbursement of travel and any accommodation costs that apply to an assignment outside Arnhem. An amount of €0.19 per kilometer from the contractor's residence address applies to travel costs. Any accommodation costs will be further agreed upon by the client and the contractor. The contractor's fee does not depend on the outcome of the assignment.
- The fee applies between the contractor and the client, as stated in the correspondence or order confirmation. In all other cases, the fee is calculated on the basis of the basic hourly rate, which is determined annually by Pia Sophia and which is available on her website (www.pia-sophia.com).
- The contractor is entitled to demand an advance on the amount due to it before commencing the work. This advance is settled with the final invoice.
- The contractor's fee, if necessary increased by additional costs and invoices from third parties engaged and additional costs, can be charged per month, unless the client and the contractor have made other agreements about this.
- For the products made available by the selling party, the amounts stated on her website (www.pia-sophia.com) at the time of order apply. The consumer cannot derive any rights from these amounts.
Article 7 Payment Methods
- In the event of acceptance of the quotation drawn up by the contractor, the agreed fee will be transferred by the client within 14 days of acceptance to the IBAN stated in the quotation.
- In case of purchasing (one of) the product(s) made available by the selling party, the following payment methods apply:
The iDeal payment method is only available for people with a Dutch bank account (IBAN). This can be a private account or a business account.
The payment method PayPal is available worldwide.
The S€PA payment method is available for people from 34 European countries. For an overview of these countries, click here.
Article 8 Declarations and Suspension of Work
- Complaints about an invoice must be submitted in writing within thirty days of the invoice date, under penalty of forfeiture.
- As long as the assignment has not been completed, the contractor is entitled to make interim invoices.
Suspension of work
- If an invoice is not paid in time, the contractor is entitled to suspend its activities, also for other assignments from the client than to which the unpaid invoice relates.
- Pia Sophia is not liable for damage, both material and immaterial, that may arise as a result of suspension of the work.
Article 9 Warranty
- Pia Sophia cares about her products and does her best to deliver them in top condition. In the event of damage during transport, the consumer can make a claim under warranty. If the defect is reported to the selling party within two months after the discovery of the defect, and if it can reasonably be established that this defect has arisen due to damage during transport, the selling party will arrange for replacement or repair of the product free of charge.
- The services of Pia Sophia are focused on personal guidance and wishes. The result of this may vary. As a result, there can be no guarantee on the result of the service.
Article 10 Return Policy
- In the case of a purchase agreement, the consumer has the right to cancel his order up to 14 days after receipt without giving any reason.
- After cancellation, the consumer has another 14 days to return the product.
- The full order amount, including shipping costs, will then be credited. Only the costs for return are for the account of the consumer. The costs for this depend on the carrier's rates.
- The returned product must be returned to the selling party with all accessories supplied, in its original condition and packaging. Products that are personalized, for example with a personal message, cannot be returned due to their personal nature.
- To make use of this right of withdrawal, the selling party must be contacted via email@example.com. The order amount due will then be refunded within 14 days of receipt of the product, provided that the product has been returned in good order.
- If the consumer wants to exchange a product, he can contact firstname.lastname@example.org. The costs for returning the product are for the account of the consumer.
Article 11 Delivery Time and Shipping Costs
- The selling party does her best to deliver the order as soon as possible. Orders placed on working days before 4 p.m. will be shipped the same day. If this delivery time is not feasible for whatever reason, the consumer will be informed as soon as possible.
- The prices stated on the website of the selling party (www.pia-sophia.com) do not include shipping costs. The shipping costs depend on the country from which the consumer orders. The shipping costs are adjusted annually to the costs charged by PostNL.
Article 12 Intellectual Property Rights
- Pia Sophia at all times retains the intellectual property of the products made available by her.
- The client and consumers are expressly prohibited from multiplying, exploiting or disclosing those products, including working methods, advice and other mental products of Pia Sophia, in the broadest sense of the word, whether or not with the involvement of third parties. Violation of this agreement results in an immediate and without judicial intervention due payable fine of €100 per day that the violation continues.
- The client is not permitted to provide auxiliary materials for those products to third parties, other than to obtain an expert opinion regarding the work of the contractor.
Article 13 Termination
- The client and the contractor may terminate the agreement at any time in writing, stating reasons.
- In the event of termination as referred to under 15.1, the contractor retains its right to a fee for work already performed and reimbursement of expenses incurred, which are not included in this fee.
- In the event of termination by the contractor, the client is entitled to compensation for the damage demonstrably suffered by them as a result of such termination.
Article 14 Applicable Law and Choice of Forum
- Dutch law applies to all agreements between the client and the contractor and between the consumer and the selling party.
- Insofar as not dictated otherwise by mandatory law, all disputes in connection with Pia Sophia will be submitted to the competent Dutch court for the district in which Pia Sophia is located.
Article 15 Binding General Terms and Conditions
These general terms and conditions are attached to all services provided by the contractor and to all purchase agreements entered into with the selling party, unless expressly agreed otherwise in the assignment.
Article 16 Other Provisions
- If a provision in these general terms and conditions turns out to be invalid, this does not affect the validity of the entire general terms and conditions. In this case, Pia Sophia will replace (a) new provision(s), which will give shape to the intention of the original provision as much as legally possible.
- Pia Sophia is entitled to transfer her rights and obligations under the agreement to a third party who takes over Pia Sophia or the relevant business activity from her.