Terms and conditions
General Terms and Conditions of Pia Sophia, established on 05-08-2021 and adapted on 15-02-2022. 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 natural or legal person who, whether or not acting in the exercise of a profession or business, and who gives the order
- Contractor: Pia Sophia
- Assignment: every order to perform services that is concluded between the client and the contractor, every change or addition 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
- Buying party: the natural or legal person, whether or not in the course of a profession or business, who purchases one or more product(s) from Pia Sophia without entering into a contract for services. The purchase agreement is concluded between the purchasing party and Pia Sophia.
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 services provided by or on behalf of her. Pia Sophia does not guarantee the achievement of the intended result.
- By agreeing to the general terms and conditions, the client and/or purchasing party also declare to agree to the general terms and conditions for any additional or follow-up orders.
- These general terms and conditions also apply to cases in which the purchasing party purchases 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 purpose 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 her ability and to carry it out as a professional who acts with due 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, subject to the provisions of Article 4 paragraph 3.
Article 6 Rates and Fees
- Pia Sophia is entitled to the fees and additional costs. Additional costs are a reimbursement of travel and any accommodation costs that apply to an assignment outside Arnhem, the Netherlands. 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 written 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
- Only direct payments to Pia Sophia by the client within the payment term of 14 days have a liberating effect. There is no payment term between Pia Sophia and the purchasing party and the claim is immediately due and payable without judicial intervention. If an agreement for services has been concluded between Pia Sophia and the client without a payment term, the claim is immediately due and payable without judicial intervention.
- If the client disputes an invoice, this will be made known in writing by the client to Pia Sophia within 8 days after the date of dispatch of the invoice concerned, on pain of forfeiture of the right to dispute. A dispute of an invoice does not suspend the payment obligation of the client and does not release the client from their payment obligation towards Pia Sophia.
- In the event of non-payment, late payment or incomplete payment by the client of any amount owed by them, they will be in default by operation of law with effect from the due date of the relevant invoice. From that moment on, the client owes Pia Sophia a default interest of 2% per month, counting part of a month as a whole month, on the invoice amount.
- All costs, both in and out of court, including the costs of legal assistance, which Pia Sophia must incur as a result of the client’s failure to comply with the payment obligation, are for the account of the client. The (extra)judicial collection costs of Pia Sophia, to be calculated on the amount to be collected, amount to 15% of the principal sum with a minimum of €100 (in words: one hundred euros). If an (extra)judicial collection procedure has been started by Pia Sophia and the client pays directly to Pia Sophia – with which they pass the collection agency – the client remains jointly and severally liable for the payment of the (extra)judicial collection costs.
- If a contract for services or a purchase agreement is entered into with more than one client and/or purchasing party, which belong to the same group of companies, then all principals and/or purchasing parties are jointly and severally liable for the obligations arising from under this article, regardless of the name of the invoice.
- 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: https://help.mollie.com/hc/nl/articles/360025387794-Welke-landen-en-gebieden-behoren-tot-het-SEPA-gebied-.
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 event of a purchase agreement, the purchasing party, who is not acting in the course of a profession or business, has the right to cancel their order up to 14 days after receipt without giving any reason. The purchasing party, who is acting in the course of a profession or business, does not have this right.
- After cancellation, the purchasing party, who is not acting in the course of a profession or business, has another 14 days to return the product. The purchasing party, who is acting in the course of a profession or business, does not have this right.
- The full order amount, including shipping costs, will then be credited. Only the costs for return are at the expense of the purchasing party, who is not acting in the course of a profession or business. The costs for this depend on the carrier's rates. The purchasing party, who is acting in the course of a profession or business, does not have this right.
- 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. The purchasing party, who is acting in the course of a profession or business, does not have this right.
- If the purchasing party, who is not acting in the course of a profession or business, wishes to exchange a product, they can contact firstname.lastname@example.org. The costs for returning the product are at the expense of the purchasing party, who is not acting in the course of a profession or business. The purchasing party, who is acting in the course of a profession or business, does not have this right.
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 retains the intellectual property rights over the products that she has produced herself at all times. Clients retain the intellectual property rights over the products they have produced themselves at all times, even if Pia Sophia has cooperated with them by means of editorial work.
- 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 can at all times terminate the contract for services in writing, stating reasons.
- In the event of termination as referred to under article 13, paragraph 1, the contractor retains her right to a fee for work already performed and reimbursement of expenses incurred, which are not included in this fee, subject to the other provisions of the general terms and conditions (in particular article 7).
- 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
- Subject to statutory provisions of a mandatory judicial nature, as well as with due observance of the general standards of reasonableness and fairness, Pia Sophia is not obliged to pay any compensation for damage of any kind, directly or indirectly, caused to the client or to items or persons at the client and/or a third party, in connection with the assignment agreement, which also includes damage that has arisen as a result of:
a. The (premature) termination of the assignment between Pia Sophia and the client, regardless of the ground on which the assignment agreement has come to an end;
b. Unilateral termination of the assignment agreement by the client;
c. Acts or omissions on the part of Pia Sophia and/or the client and/or a third party, including entering into obligations of the client and/or a third party and/or Pia Sophia.
- Any liability of Pia Sophia for any direct damage is in any case, per event, limited to:
a. The amount paid out by Pia Sophia’s insurance, or;
b. If Pia Sophia is not insured for the relevant damage or if the insurance does not pay out (in full), the amount invoiced by Pia Sophia. If the amount charged depends on a time factor, the liability is limited to the amount charged to Pia Sophia by Pia Sophia in the month prior to the damage report. In the absence of a previous month, it is decisive what Pia Sophia would charge or have charged to the client and/or purchasing party in the month in which the damage-causing event took place in accordance with the contract of hire.
- Pia Sophia is never liable for indirect damage, such as consequential damage, lost profit and lost savings.
- The client is obliged to take out adequate, total-covering liability insurance for all direct and indirect damage as referred to in paragraphs 1 to 3 of this article.
- In any case, the client must indemnify Pia Sophia against any claims from third parties for compensation of damage as referred to in paragraph 1 of this article, suffered by those parties.
- The limitations of liability included in paragraphs 1 and 2 of this article will lapse if there is intent or gross negligence on the part of Pia Sophia and/or her managerial staff.
- Pia Sophia has the right at all times, if and insofar as possible, to undo any damage suffered by the client. This also includes the right of Pia Sophia to take measures that can prevent or limit any damage.
Article 15 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 16 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 17 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.