Martijn Stolker Terms & conditions

Article 1 Definitions

1. In these general terms and conditions, the following terms are used in the following meaning, unless explicitly stated otherwise.

2. Company: The natural or legal person acting in the exercise of a profession or business.

3. Client: the Company that enters into a (remote) agreement with the Service Provider.

4. Service Provider: the legal entity that offers (remote) services to the Client, hereinafter: Martijn Stolker.

5. Offer: Any written offer to the Client for the performance of Services by the Service Provider. 6.

Services: the services that Martijn Stolker offers are services in the field of coaching, online courses, workshops, training, retreats and more.

7. Assignment: the execution of the agreement by Martijn Stolker with regard to the services or product requested by the Client.

8. Agreement: the agreement for services for which the Client has placed an order.

9. The website used by Martijn Stolker is https://martijnstolker.com.​

 

Article 2 Applicability

1. These general terms and conditions apply to every offer from Martijn Stolker, every agreement between Martijn Stolker and the Client and to every service offered by Martijn Stolker.

2. Before a (distance) agreement is concluded, the Client will be provided with these general terms and conditions. If this is not reasonably possible, Martijn Stolker will indicate to the Client in what way the Client can view the general terms and conditions, which are in any case published on the Martijn Stolker website so that the Client can easily save these general terms and conditions on a durable data carrier.

3. The possible applicability of general terms and conditions of the Client and third parties are explicitly rejected.

4. Deviation from these general terms and conditions is in principle not possible. In exceptional situations, the general terms and conditions can be deviated from if this has been explicitly agreed in writing with Martijn Stolker. The terms and conditions of the Client are explicitly not applicable.

5. These general terms and conditions also apply to supplementary, amended and follow-up orders from the Client. 6. If one or more provisions of these general terms and conditions are or become partially or completely null and void, the remaining provisions of these general terms and conditions will remain in force, and the null and void/nullified provision(s) will be replaced by a provision with the same purport as the original provision.

7. Any ambiguities regarding the content, explanation, or situations not covered by these general terms and conditions must be assessed and interpreted in accordance with the spirit of these general terms and conditions.

8. The applicability of Articles 7:404 and 7:407, paragraph 2, of the Dutch Civil Code is explicitly excluded.​

 

Article 3 The Offer

1. All offers made by Martijn Stolker are non-binding, unless expressly stated otherwise in writing. If the offer is limited or valid under specific conditions, this will be explicitly stated in the offer.

2. Martijn Stolker’s offers are non-binding. Martijn Stolker is only bound by an offer if the Client confirms its acceptance in writing within 14 days. Nevertheless, Martijn Stolker has the right to refuse an agreement with a potential Client for a reason that Martijn Stolker considers valid.

3. The offer contains a complete and accurate description of the services offered. The description is sufficiently detailed to enable the Client to make a proper assessment of the offer. Obvious errors or mistakes in the offer do not bind Martijn Stolker. Any images and specific data in the offer are for information purposes only and cannot constitute grounds for any compensation or termination of the agreement.

4. Delivery times in Martijn Stolker’s offer are indicative and do not entitle the Client to termination or compensation if they are exceeded, unless expressly agreed otherwise.

5. A composite quotation does not oblige Martijn Stolker to supply part of the items included in the offer or quotation for a corresponding part of the quoted price.

 

Article 4 Conclusion of the agreement

1. The agreement is concluded at the moment that the Client has accepted an Offer from Martijn Stolker.

2. If the Client has accepted the Offer by placing an order with Martijn Stolker, Martijn Stolker will confirm the Client’s order in writing by e-mail. Each offer is valid for a maximum of 14 days, after which Martijn Stolker can no longer be held to an Offer.

3. Martijn Stolker is not bound by an Offer if the Client could reasonably have expected or should have understood or should have understood that the Offer contains an obvious error or typo. The Client cannot derive any rights from this error or typo.

4. An Offer is only valid if made in writing by Martijn Stolker to the Client.

5. The right of withdrawal does not, in principle, apply to the retreat.

6. If the Client cancels an already confirmed order for a lecture, retreat, breathwork journey or breathwork workshop, the Client will be charged for any costs actually incurred, as well as at least 50% of the agreed price as set out in the agreement.

 

Article 5 Duration of the agreement

1. If and insofar as an agreement has been concluded between the Client and Martijn Stolker, the duration of this agreement will be in accordance with what the parties have agreed upon.

2. Both the Client and Martijn Stolker may terminate the agreement on the grounds of an attributable failure to fulfil the agreement if the other party has been given written notice of default and has been given a reasonable period to fulfil its obligations, and the other party attributably fails to do so. This also includes the Client’s payment and cooperation obligations.

3. The termination of the agreement does not affect the Client’s payment obligations if Martijn Stolker has performed work or delivered services at the time of termination. The Client must pay the agreed fee.

4. The Client is not entitled to terminate an agreement prematurely. The Client, being a consumer, can cancel an agreement free of charge up to 48 hours before the start date of a session or purchase. After this, at least 50% of the agreed amount will be charged.

5. If the Client cancels the agreement prematurely, they owe at least 50% of the agreed price. This amount may be increased by costs incurred by Martijn Stolker for travel and accommodation, as well as costs for the location and other costs that must be borne by the Client.

6. Both the Client and Martijn Stolker may cancel the agreement in whole or in part in writing without further notice of default with immediate effect if one of the parties is granted a moratorium on payments, bankruptcy is filed, or the relevant company ends through liquidation or otherwise than a merger or reconstruction of the company. If a situation as mentioned above occurs, Martijn Stolker is never obliged to refund any money already received and/or pay damages.

 

Article 6 Additional work and changes

1. If during the performance of the agreement it appears that the agreement needs to be adjusted and/or supplemented, or if additional work is required at the request of the Client to achieve the desired result, the Client is obliged to compensate for this additional work at the agreed rate. Martijn Stolker is not obliged to comply with this request and may require the Client to conclude a separate agreement for this purpose.

2. If and insofar as a fixed price has been agreed for the performance of certain services, and the performance of those services leads to additional (urgent) work that cannot reasonably be deemed to be included in the fixed price, Martijn Stolker is entitled, after consultation with the Client, to charge these costs to the Client.

 

 

Article 7 Prices and Payment

1. All prices are exclusive of VAT for the Client in the exercise of a profession or business. For consumers, the price shown includes VAT. If Martijn Stolker carries out the assignment (in part) at the Client's location, or at an external location at the Client's request, additional costs (travel and accommodation expenses and parking fees) may be charged. This will be discussed with the Client in advance.

2. In the event of urgency, or if Martijn Stolker must carry out his work urgently on the instructions of the Client, the Client is obliged to reimburse the additional costs of the urgency.

3. If the Parties have agreed on a deposit, this deposit must be paid by the Client before Martijn Stolker will commence his work.

4. The Client cannot derive any rights or expectations from a previously issued estimate, unless the Parties have expressly agreed otherwise.

5. If the Client has a periodic payment obligation, Martijn Stolker is entitled to adjust the applicable prices and rates (only) in accordance with the terms of the agreement in writing, taking into account a notice period of at least three months.

6. The Client is obliged to pay for Martijn Stolker's services as stated in the agreement, and must pay the agreed amount within 14 days of the invoice date.

7. The Client must pay these costs in one go, per invoice to the account number and details of Martijn Stolker made known to him. Except in very exceptional circumstances, the Client may only agree on a further term within which the amount due must be paid after explicit written permission from Martijn Stolker.

8. If explicitly agreed, the Client must pay the amount due in advance before Martijn Stolker commences providing services.

 

 

Article 8 Collection Policy

1. If the Client fails to meet his payment obligation and has not fulfilled his obligation within the specified payment term of 14 days, the Client (if the Client has placed the order in the exercise of a profession or business without further notice of default) will be in default and the Client will receive a written reminder with the request to pay the amount due within the term stated therein.

2. From the date that Client is in default, Martijn Stolker will, without further notice of default, claim the statutory (commercial) interest (being at least 5% per year) from the first day of default until full payment, and compensation for the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, to be calculated according to the scale from the Decree on Compensation for Extrajudicial Collection Costs of 1 July 2012.

3. If Martijn Stolker has incurred more or higher costs which are reasonably necessary, these costs are eligible for reimbursement. The bailiff, judicial and execution costs incurred shall also be borne by the Client.

 

 

Article 9 Execution of the Agreement

1. Martijn Stolker will make every effort to execute the Agreement with the greatest possible care, as may be expected of a good contractor. All services are performed on the basis of a best efforts obligation, unless a result has been explicitly and in writing agreed upon which is described in detail.

2. When performing the services, Martijn Stolker is not obligated or obliged to follow the Client’s instructions if this changes the content or scope of the agreed services. If the instructions result in additional work for Martijn Stolker, the Client is obliged to reimburse the additional costs accordingly.

3. The Client shall ensure that all data that Martijn Stolker indicates is necessary or that the Client reasonably should understand is necessary for the performance of the agreement, are provided to Martijn Stolker in a timely manner. If the data required for the performance of the agreement are not provided to Martijn Stolker in a timely manner, Martijn Stolker shall have the right to suspend the performance of the agreement and/or charge the additional costs resulting from the delay to the Client at the usual rates.

4. Martijn Stolker shall be entitled to engage third parties for the performance of the services at its own discretion.

5. Martijn Stolker is not liable for damages of any nature arising because Martijn Stolker has assumed incorrect and/or incomplete information provided by the Client.

6. If Martijn Stolker or third parties engaged by Martijn Stolker perform work at the Client’s location or a location designated by the Client in the context of the assignment, the Client shall provide the reasonably required facilities free of charge.

 

 

Article 10 Client Obligations

1. If a participant needs to be replaced due to unforeseen circumstances of the participant and/or Client, the Client must inform Martijn Stolker of this as soon as possible.

2. The Client must adhere to the minimum and maximum number of participants for the service in question. If there are too few participants, the service in question may be cancelled by Martijn Stolker. If possible, the service can be moved to another date and/or location. If this is not possible, the Client will receive a refund of any monies already paid.

3. If explicitly agreed, the Client must, at Martijn Stolker’s first request, ensure that the requested facilities are provided (such as a representative room, projector, flip chart, etc.).

 

 

Article 11 Conditions Retreat, workshops, breathwork coaching and breathwork journeys

1. The travel agreement of Book 7, Title 7A of the Dutch Civil Code applies to the retreat services.

2. The Client can register for the Retreat, workshops and breathwork journeys as long as the offer is valid. Additional conditions may be imposed that the Client must comply with.

3. The travel agreement can be amended in consultation with Martijn Stolker. If costs are involved, Martijn Stolker will inform the Client of this as soon as possible. Amendments are only possible up to one month before the start date, unless Martijn Stolker indicates otherwise.

4. Activities may be organized during the retreat, workshops, breathwork coaching and breathwork journeys. If the Client has any health issues, is taking medication, or has other circumstances that could affect participation in the activities, the Client must notify Martijn Stolker in a timely manner. The Client is responsible for their own participation in these activities. Any damage suffered by the Client during the retreat as a result of failing to provide relevant information is expressly at the Client's own risk and expense.

5. Activities may be organized during the retreat. If the Client has health issues, is taking medication, or has other circumstances that may affect participation in the activities, the Client must inform Martijn Stolker of this in a timely manner. The Client is responsible for participating in these activities. Any damage suffered by the Client during the retreat as a result of failing to provide relevant information is expressly at the Client's own risk and expense.

 

Article 11a Cancellation and costs

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Retreats
Free cancellation of the agreement is only possible up to one month before the start date. After this, the agreement can be canceled up to two weeks before the start date, with a maximum refund of 50% of the agreed amount. If the Client has not yet paid the full amount, they must consult with Martijn Stolker regarding any refund.

Rescheduling (keeping your registration until the next date, even if these are sometimes not yet known) is possible up to two weeks before the retreat free of charge.

Less than two weeks before the retreat, an additional 15% will be charged for administration and the risk that the place will no longer be occupied.

Workshops and Breathwork Journeys

Workshops can be cancelled free of charge up to 14 days before the course. If a workshop is cancelled less than 14 days before the workshop, the following rules apply:

For cancellations up to 2 days before the start of the course, workshop, or training, 50% of the course fee will be charged.

For cancellations the day before or on the day of the course, workshop, or training itself, the full course fee will be charged. This also applies in case of no-show.

Rescheduling (keeping your registration until the next date, even if these are sometimes not yet known) is free of charge up to 7 days before the workshop.

Less than 6 days before, an additional 30% will be charged for administration and the risk of the spot being unavailable.

Breathwork Coaching (Individual Sessions)

Single coaching sessions can be cancelled free of charge up to 2 days before the session starts. If a session is cancelled less than 2 days before the session, the following rules apply:

For cancellations the day before or on the day of the session, the full fee will be charged. This also applies in case of a no-show.

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Rescheduling (keeping your registration until the next date, even if it's not yet known) is free of charge up to two days before the session.

Breathwork Coaching Program (3 or more sessions in one assignment) Canceling one or more sessions within a coaching program means that at least the completed sessions will be charged at the regular individual breathwork coaching session rate. Any excess payments by the Client will be refunded.

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The following also applies to canceling a program: Up to 2 days before the session starts: free of charge, except for the settlement indicated above. Cancellations the day before or on the day of the session itself will also be charged the full rate for that session. This also applies in case of no-show. Rescheduling (keeping your registration until the next date, even if these are sometimes not yet known) is possible up to 2 days before the scheduled sessions free of charge.

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Replacement Retreats, Workshops, and Breathwork Journeys:

If a participant is unable to attend, another participant can take their place.

This must be arranged in advance with Martijn Stolker by phone or email.

There are no additional costs involved.

 

Replacement Breathwork Coaching:

Because breathwork coaching is intended as one-on-one support, replacements are not automatically provided. The Client may submit a request for replacement provided that the offer includes a breathing coaching trajectory of at least 5 sessions. Furthermore, the regular cancellation conditions apply as stated in Article 11a.

 

Article 12 (Delivery)

1. If the commencement, progress or (delivery) of the services or work is delayed because, for example, the Client has not provided all requested information or has not provided it in time, has not provided sufficient cooperation, the advance payment has not been received in time by Martijn Stolker or due to other circumstances which are at the expense and risk of the Client, Martijn Stolker is entitled to a reasonable extension of the (delivery) period.

2. All damage and additional costs resulting from a delay due to a cause mentioned in paragraph 1 are at the expense and risk of the Client and will be charged to the Client by Martijn Stolker.

3. If there is a phased execution, or if the Client is required to give approval, Martijn Stolker is entitled to suspend the execution of the agreement until the Client has given its approval.

4. Martijn Stolker will endeavor to provide the service within the agreed timeframe, to the extent reasonably expected. In the event of an urgent matter, the Client is obligated to reimburse Martijn Stolker for any additional costs incurred.

5. The nature of Martijn Stolker’s work means that work can only commence once all necessary information has been provided by the Client. The Client bears the risk and any (damage) if he/she has not provided the necessary information in a timely manner and expressly indemnifies Martijn Stolker against all consequences and any resulting damage for the Client and Martijn Stolker.

6. If the Client has purchased a product from Martijn Stolker, the Client is only entitled to return the product if the product is in good condition, undamaged. A Buyer can only exercise their right of withdrawal within 14 days of making the purchase.

 

 

Article 13 Transfer of Risk

The risk of theft and loss, embezzlement or damage to data, documents, software, data files and/or items used, created or delivered in the context of the performance of the agreement shall pass to the Client at the time at which these are actually made available to the Client.

 

 

Article 14 Retention of Title

1. All goods delivered by Martijn Stolker remain the property of Martijn Stolker until the Buyer has fulfilled all subsequent obligations arising from all agreements concluded with Martijn Stolker.

2. The Buyer is not authorised to pledge or otherwise encumber the goods subject to the retention of title.

3. If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereto, the Buyer is obliged to inform Martijn Stolker as soon as may reasonably be expected.

4. The Buyer undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage, as well as against theft, and to make the policy of this insurance available for inspection upon first request.

5. In the event that Martijn Stolker wishes to exercise his ownership rights referred to in this article, the buyer hereby grants unconditional and irrevocable permission to Martijn Stolker or third parties designated by him to enter all places where Martijn Stolker’s property is located and to repossess those items.

6. Martijn Stolker has the right to retain the product(s) purchased by the Buyer if the Buyer has not yet (fully) met his payment obligations, despite any obligation to transfer or deliver by Martijn Stolker. After the Buyer has fulfilled his obligations, Martijn Stolker will deliver the purchased products to the Buyer as soon as possible, but no later than within 20 business days.

7. Costs and other (consequential) damages resulting from retaining the purchased products are at the expense and risk of the Buyer and will be reimbursed to Martijn Stolker by the Buyer upon first request.

 

 

Article 15 Privacy, data processing and security

1. Martijn Stolker handles the (personal) data of the Client and Users of the website with care and will only use it in accordance with the privacy statement. If requested, Martijn Stolker will inform the data subject about this. Questions about the processing of personal data and further information can be sent by email to info@martijnstolker.com.

2. The Client is responsible for the processing of data that is processed using a service of Martijn Stolker. The Client also guarantees that the content of the data is not unlawful and does not infringe any rights of third parties. In this context, the Client indemnifies Martijn Stolker against any (legal) claim related to this data or the performance of the agreement.

3. If Martijn Stolker is required to provide information security under the agreement, this security will comply with the agreed specifications and a security level that is not unreasonable given the state of the art, the sensitivity of the data, and the associated costs.

4. All information obtained in the context of the agreement will be treated confidentially and with the utmost care.

 

 

Article 16 Suspension

1. Martijn Stolker has the right to retain the data, data files, software and more received or created by it if the Client has not yet (fully) met its payment obligations, even if it would have been obliged to do so if it had been paid.

2. Martijn Stolker is authorized to suspend the fulfillment of its obligations as soon as the Client is in default of any obligation arising from the agreement, including late payment of its invoices. The suspension will be confirmed to the Client immediately in writing. Martijn Stolker shall not be liable for any damage whatsoever resulting from the suspension of its activities.

 

 

Article 17 Force Majeure

1. Martijn Stolker shall not be liable if it is unable to fulfil its obligations under the agreement due to a force majeure situation.

2. Force majeure on the part of Martijn Stolker shall in any case include, but not be limited to:

i) force majeure of Martijn Stolker's suppliers,

ii) failure to properly fulfill obligations by suppliers prescribed or recommended by Client to Martijn Stolker,

iii) defectiveness of goods, equipment, software or materials of third parties,

iv) government measures,

v) power failure,

vi) disruption of the internet, data network and telecommunications facilities (for example due to cybercrime and hacking),

vii) natural disasters,

viii) war and terrorist attacks,

ix) general transportation problems and

x) other situations that in the opinion of Martijn Stolker fall outside its sphere of influence which temporarily or permanently prevent the fulfillment of its obligations.

3. If a force majeure situation lasts longer than 2 months, the agreement may be terminated in writing by either party. If any services have already been performed under the agreement, in such a case a pro rata settlement shall be made without any liability on the part of either party to the other.

 

 

Article 18 Limitation of Liability

1. If the performance of services and/or execution of assignments by Martijn Stolker leads to liability on the part of Martijn Stolker, that liability is limited to the costs invoiced in connection with the assignment, if there is an attributable shortcoming in the performance of the agreement or if damage has otherwise occurred.

2. Martijn Stolker is not liable for consequential damage, indirect damage, business damage, loss of profit and/or loss suffered, missed savings, damage due to business stagnation and damage resulting from the use of services provided by Martijn Stolker.

3. The amount of compensation is further limited to the amount paid out by Martijn Stolker’s liability insurance per event per year.

4. Martijn Stolker is not liable for damage that is or may be the result of any action or omission based on (incomplete and/or incorrect) information on the website or that of linked websites.

5. Martijn Stolker is not responsible for errors and/or irregularities in the functionality of the website and/or the software, malfunctions, or the unavailability of the website and/or software for any reason whatsoever.

6. Martijn Stolker does not guarantee the correct and complete transmission of the content of emails sent by/on behalf of Martijn Stolker, nor their timely receipt.

7. The Client guarantees the accuracy and completeness of the information and wishes provided by them regarding the assignment. Martijn Stolker expressly excludes all liability for (consequential) damages.

8. All claims by the Client due to shortcomings on the part of Martijn Stolker shall lapse if they are not reported to Martijn Stolker in writing and with reasons within one year after the Client was or could reasonably have been aware of the facts on which he bases his claims.

 

 

Article 19 Confidentiality

1. Martijn Stolker and the Client undertake to maintain confidentiality of all confidential information obtained in the context of an assignment. The confidentiality arises from the assignment or from information that can reasonably be expected to be confidential.

2. In particular, the confidentiality applies to advice and/or reports drawn up by Martijn Stolker regarding the assignment of the Client. The Client is expressly prohibited from sharing the content thereof with employees who are not authorized to take note of it and with (unauthorized) third parties. The Client must destroy the advice and/or report at the request of Martijn Stolker. In the event of a breach of this obligation, Martijn Stolker is entitled to recover the damages suffered by him, both material and immaterial, from the Client.

3. If Martijn Stolker is obliged to provide confidential information to a third party designated by law or a competent court order (also) and Martijn Stolker cannot invoke a right to refuse to give evidence, Martijn Stolker shall not be liable for any damages and the Client shall not be entitled to terminate the agreement.

4. Martijn Stolker and the Client shall also impose the confidentiality obligation on any third parties engaged by them.

 

 

Article 20 Intellectual Property Rights

1. All IP rights and copyrights of Martijn Stolker remain exclusively with Martijn Stolker and are not transferred to the Client.

2. The Client is prohibited from disclosing and/or reproducing, modifying or making available to third parties all documents and software in which the IP rights and copyrights of Martijn Stolker rest without the express prior written consent of Martijn Stolker and an agreed financial compensation for that purpose. If the Client wishes to make changes to items delivered by Martijn Stolker, Martijn Stolker must explicitly agree to the proposed changes.

3. The Client is prohibited from using the products on which Martijn Stolker's intellectual property rights apply in any way other than as agreed in the agreement.

4. Any infringement by the Client of Martijn Stolker’s intellectual property rights will be punished with a one-off fine of EUR 15,000 (in words: fifteen thousand euros) and a fine of EUR 500 (in words: five hundred euros) for each day that the infringement continues.

5. Martijn Stolker may take photos of the services he provides and publish them on his website and/or social media channels for promotional and advertising purposes, provided that Martijn Stolker has obtained permission to do so from participants who are recognizable and visible in the photos.

 

 

Article 21 Indemnification and accuracy of information

1. The Client is responsible for the accuracy, reliability and completeness of all data, information, documents and/or records that it provides to Martijn Stolker in the context of an assignment. The Client is also responsible if this data originates from third parties.

2. The Client indemnifies Martijn Stolker against any liability arising from the failure or untimely fulfillment of the obligations under the previous paragraph.

3. The Client indemnifies Martijn Stolker against claims by third parties relating to intellectual property rights on the data and information provided by the Client, which may be used in the execution of the assignment or agreement, as well as with regard to the content of the advice and reports prepared by Martijn Stolker.

4. If the Client provides electronic files, software or information carriers to Martijn Stolker, the Client guarantees that these are free of viruses and defects.

 

 

Article 22 Complaints

1. If the Client is not satisfied with the service or products of Martijn Stolker or has any other complaints about the execution of their assignment, the Client is obliged to report these complaints as soon as possible, but no later than 2 weeks after the relevant reason that led to the complaint. Complaints can be reported via info@martijnstolker.com with the subject line “complaint”.

2. The complaint must be sufficiently substantiated and/or explained by the Client if Martijn Stolker is to be able to handle the complaint.

3. Martijn Stolker will respond substantively to the complaint as soon as possible, but no later than 14 days after receipt of the complaint.

4. The parties will attempt to reach a solution together.

 

 

Article 23 Applicable law

1. The legal relationship between Martijn Stolker and the Client is governed by Dutch law. The applicability of the Vienna Sales Convention (CISG) is expressly excluded.

2. Martijn Stolker may unilaterally amend these general terms and conditions. The most current version can be found on the website.

3. All disputes arising from or in connection with the agreement between Martijn Stolker and the Client shall be settled by the competent court of Dordrecht, unless mandatory provisions of law designate another competent court.