Article 1. Definitions
1.1. Inspiration by Marlies: the sole proprietorship Inspiration by Marlies, located in Denmark and registered with the Danish Erhvervsstyrelsen under CVR number 44301083.
1.2. The customer: the natural person or legal entity that has entered into an agreement with Inspiration by Marlies.
1.3. ‘General terms and conditions’ refers to all provisions as stated herein.
1.4. Services: all services that Inspiration by Marlies performs for the customer. This includes, among other things, but is not limited to, providing guidance and coaching as a personal supporter and accountability partner for entrepreneurs in setting and achieving their goals through a coaching trajectory with 1-on-1 sessions and online (WhatsApp) support.
1.5. Agreement: the agreement between Inspiration by Marlies and the customer under which Inspiration by Marlies will perform the service.
1.6. Information: all data originating from the customer.
1.7. Written: by letter, email, and digital communication.
1.8. Advice: the result of the work of Inspiration by Marlies.
1.9. Confidential information: all financial, business, and personal data entered, processed, and stored by the customer and/or Inspiration by Marlies.
1.10. Website: www.inspirationbymarlies.com.
Article 2. Applicability
2.1. These general terms and conditions apply to all offers made by Inspiration by Marlies, quotations issued, concluded agreements, services performed, and other actions performed, unless otherwise agreed in writing.
2.2. By signing a contract of assignment or order confirmation, or agreeing via email or placing an order via the website, the customer declares that they are aware of these general terms and conditions of Inspiration by Marlies and agrees to these terms.
2.3. In case of a conflict between these general terms and conditions and agreements made in a contract, the provisions of the agreement prevail.
2.4. These conditions also apply to actions by third parties and/or suppliers hired by Inspiration by Marlies for the execution of the delivery or service.
2.5. The applicability of the customer’s general terms and conditions is rejected by using these general terms and conditions.
Article 3. Quotations and Offers
3.1. Quotations from Inspiration by Marlies are valid for the period indicated in the quotation. If no period is indicated, the quotation is valid for 14 days after the date on which the quotation was issued. If the customer does not accept an offer or quotation within the applicable period, the offer or quotation expires. As long as the customer has not accepted the offer within the specified period, Inspiration by Marlies is entitled to withdraw the offer.
3.2. Inspiration by Marlies will indicate in the offer which services are offered and the amounts the customer owes upon acceptance of the offer. The prices mentioned in the offer apply for the period specified in the offer, unless expressly and in writing agreed otherwise. The agreed price of the chosen service is also stated in the offer.
3.3. Inspiration by Marlies reserves the right to invoice the customer a 50% deposit before commencing the assignment. Inspiration by Marlies also reserves the right to invoice the full amount to the customer in advance. The deposit invoice must be paid before the start of the first coaching session.
3.4. The prices mentioned in the offer do not automatically apply to follow-up assignments.
3.5. Agreements on deadlines are agreed upon in writing in the offer. If delivery by Inspiration by Marlies depends on feedback or input from the customer, Inspiration by Marlies is not liable for delays during the execution of the assignment. Inspiration by Marlies is then entitled to unilaterally shift the deadline.
3.6. If it appears that the information provided by the customer at the request or conclusion of the agreement was incorrect, Inspiration by Marlies has the right to adjust the prices and other conditions, or to withdraw the offer.
3.7. Inspiration by Marlies is not liable and/or responsible for errors in the offer if the customer could reasonably understand that the offer, or part thereof, contains an obvious mistake, typographical error, or clerical error.
3.8. All prices communicated by Inspiration by Marlies are in euros or danish kroner, excluding VAT, shipping costs, and other established levies and/or charges and third-party costs for advice unless expressly stated otherwise.
3.9. Inspiration by Marlies reserves the right to change prices. If the prices of offered products increase after the conclusion of the agreement, the customer is entitled to cancel the agreement on the date the price increase takes effect.
Price increases due to a legal regulation or provision are excluded here.
3.10. If changes occur regarding the circumstances on which Inspiration by Marlies based the offer or the order confirmation, Inspiration by Marlies is authorized to change these changes in the execution of the agreement or adjust the prices.
3.11. In the case of a trajectory with a predetermined duration, the customer is responsible for scheduling appointments or coaching sessions in a timely manner. Not scheduled appointments and/or sessions expire after the end of the duration of the agreement. The customer can also no longer claim any not yet enjoyed parts of the assignment in any form.
Article 4. Agreement and Additional Work
4.1. An agreement comes into effect from the moment the customer communicates in any way the acceptance of an offer or a proposal to Inspiration by Marlies.
4.2. After the conclusion of an agreement, it can only be changed with mutual approval.
4.3. After the conclusion of an agreement, Inspiration by Marlies will proceed to perform the services within a reasonable time.
4.4. Inspiration by Marlies has the right to have certain services performed by third parties without notifying the customer. If additional costs are incurred due to the execution of the services by third parties, these will be passed on to the customer after consultation.
4.5. Changes to the originally concluded agreement between the customer and Inspiration by Marlies are only valid from the moment these changes are accepted by both parties through an additional or amended written agreement.
4.6. In the case of premature termination of a trajectory, the customer remains obliged to pay the full agreed offer amount.
4.7. If, due to circumstances unknown at the time of the offer or order confirmation, Inspiration by Marlies has to perform more work than agreed in the offer or order confirmation, Inspiration by Marlies is entitled to charge the customer the resulting additional costs. If the customer objects to the additional costs that Inspiration by Marlies wishes to charge, the customer has the right to cancel the not yet executed part of the assignment, whereby the customer is obliged to reimburse the work performed by Inspiration by Marlies so far.
4.8. Changes in the original assignment due to the customer can affect the agreed schedule and the costs of execution. The additional costs resulting from changes in the original assignment by the customer are for the account of the customer. Inspiration by Marlies will, to the extent possible, provide an estimate of the additional costs before the work commences.
4.9. Inspiration by Marlies reserves the right to increase prices annually by a percentage equal to the increase in the service price index, established by CBS. This price increase does not entitle the customer to terminate the agreement.
Article 5. Rights and obligations for Inspiration by Marlies
5.1. Inspiration by Marlies guarantees that the assignment provided to her will be executed to the best of her abilities, with the application of sufficient care and craftsmanship.
5.2. Inspiration by Marlies makes an effort to secure the data stored for the customer in such a way that these data are not accessible to unauthorized persons.
5.3. In case of customer complaints about the provided services and/or products, Inspiration by Marlies must enter into consultation with the customer to find a suitable solution for both parties.
5.4. Inspiration by Marlies is authorized to publish the customer’s data (name, company name, and position) on the website of Inspiration by Marlies and/or other promotional materials of Inspiration by Marlies for promotional purposes such as reviews.
5.5. If the customer defaults on the payment obligation, Inspiration by Marlies is entitled to suspend participation.
5.6. Inspiration by Marlies primarily operates online and arranges a location for any offline sessions. If the customer expresses a desire to hold the session at a different location, an alternative arrangement can be made in consultation with Inspiration by Marlies. Any costs for reserving/using this alternative location are borne by the customer.
Article 6. Rights and obligations for the customer
6.1. The customer must, in principle, comply with the provisions laid down in these conditions, unless otherwise agreed.
6.2. The customer must provide Inspiration by Marlies with all correct data that the customer can reasonably foresee as necessary for the proper execution of the agreement. The customer is obliged, in any case, to inform Inspiration by Marlies immediately of any changes in personal data, company data, or other information requested by Inspiration by Marlies.
6.3. If, in exception to Article 6.2, the necessary data for the execution of the agreement are not provided to Inspiration by Marlies in a timely manner, Inspiration by Marlies has the right to suspend the execution of the agreement and/or charge the customer for the additional costs resulting from the delay.
6.4. The customer must promptly inform Inspiration by Marlies in writing of any changes in name, address, email, and, if requested, his/her bank account number.
6.5. In case of complaints about the services and/or products provided by Inspiration by Marlies, the customer must make these complaints known to Inspiration by Marlies within 8 days after the delivery of the service but within 30 days after the completion of the trajectory. The customer indemnifies Inspiration by Marlies one year after delivery of all services from any legal claims arising from the delivered services and/or products.
6.6. The customer must make backup copies of all materials/data as described in Article 6.2 that Inspiration by Marlies needs for the execution of the agreement. In case of loss of these materials/data, Inspiration by Marlies is not liable for the resulting damage.
6.7. When Inspiration by Marlies provides login details to the customer, the customer is responsible for these details. Inspiration by Marlies is not liable for misuse or loss of login details and may assume that the customer is the one logging in using the provided login details.
6.8. The customer is obliged to confidentiality regarding all confidential information obtained in the context of the agreement between the customer and Inspiration by Marlies during the collaboration or from other sources. Information is considered confidential when it has been communicated by the other party or when this is evident from the standards of reasonableness and fairness.
6.9. The customer is given the opportunity to ask questions via WhatsApp, and Inspiration by Marlies will answer these questions within 24 hours on working days, except for holidays, weekends, and public holidays.
6.10. In addition to Article 6.9, Inspiration by Marlies will respond within 48 hours on working days, except for holidays, weekends, and public holidays, to questions asked by email, such as questions regarding feedback.
6.11. It is not possible to exchange and/or return purchased digital products, including an e-book or online service such as a course, challenge, templates, or a program. By ordering and paying for digital products, the customer gains access to his/her purchase. The customer explicitly agrees that, by doing so, he/she waives the right to use the reflection period and the right to revoke the agreement.
Article 7. Delivery and delivery time
7.1. The delivery time to be used by Inspiration by Marlies varies per assignment and is determined in consultation with the customer. The delivery time specified by Inspiration by Marlies starts after the conclusion of the agreement and after receiving all necessary data and/or materials from the customer.
7.2. A delivery time determined by Inspiration by Marlies can never be considered a fatal term. By the mere exceeding of a delivery time, Inspiration by Marlies is not automatically in default.
7.3. In case of exceeding the delivery period by more than 30 days, the customer is entitled to dissolve the agreement.
7.4. The customer is obliged to check delivered services and/or products immediately upon receipt for any defects or deviations from the agreement. Complaints must be reported in writing by email within 8 days after delivery of the service and within 30 days after completion of the trajectory.
Article 8. Payment
8.1. Payment must be made by the customer within the agreed payment term of 14 days after the invoice date, unless otherwise agreed in writing.
8.2. If the customer does not meet his/her payment obligations, he/she is in default without further notice of default being required.
8.3. From the moment of default, the customer owes statutory interest on the outstanding amount, without prejudice to the further rights of Inspiration by Marlies.
8.4. If the customer remains in default or fails to fulfill one or more of his/her obligations, all reasonable costs incurred in obtaining payment out of court will be borne by the customer. The extrajudicial costs are set at 15% of the principal amount with a minimum of € 75.
8.5. If the customer disputes the amount of the invoice, this does not suspend his/her payment obligation.
8.6. Payments made by the customer serve to settle the outstanding interest and costs and subsequently to settle the oldest outstanding invoices.
Article 9. Intellectual property
9.1. All intellectual property rights to the documents, advice, models, teaching materials, and other materials developed by Inspiration by Marlies remain the exclusive property of Inspiration by Marlies.
Article 10. Liability
10.1. Inspiration by Marlies is not liable for any damage suffered by the customer, unless there is intent or gross negligence on the part of Inspiration by Marlies.
10.2. The liability of Inspiration by Marlies is limited to the amount of the invoice of the relevant agreement.
10.3. If Inspiration by Marlies is liable for direct damage, this liability is limited to a maximum of the invoice amount of the relevant agreement, at least to that part of the agreement to which the liability relates.
10.4. Direct damage is exclusively understood to mean: a. The reasonable costs incurred by the customer to have the performance of Inspiration by Marlies comply with the agreement. This damage will not be reimbursed if the agreement is dissolved by or on behalf of the customer. b. Reasonable costs incurred to determine the cause and extent of the damage, insofar as the determination relates to direct damage within the meaning of these general terms and conditions. c. Reasonable costs incurred to prevent or limit damage, insofar as the customer demonstrates that these costs have led to limitation of direct damage within the meaning of these general terms and conditions.
10.5. Inspiration by Marlies is not liable for indirect damage, including consequential damage, lost profit, lost savings, and damage due to business interruption.
Article 11. Dissolution of the agreement
11.1. In case of force majeure, illness, or other unforeseen circumstances, Inspiration by Marlies has the right to cancel or reschedule a session. In such cases, Inspiration by Marlies will make an effort to propose an alternative date and time.
Article 12. Complaints
12.1. If the customer has complaints about the delivered services and/or products, he/she must report these complaints to Inspiration by Marlies within 8 days after delivery of the service and within 30 days after completion of the trajectory. Inspiration by Marlies and the customer will then enter into consultation to find a suitable solution.
Article 13. Applicable law and competent court
13.1. Danish law applies to the agreement between Inspiration by Marlies and the customer.
13.2. All disputes arising from or related to this agreement will be submitted to the competent court in the district where Inspiration by Marlies is located.
Article 14. Miscellaneous
14.1. Inspiration by Marlies reserves the right to change these general terms and conditions. If the customer does not agree with the amended terms and conditions, the customer has the right to terminate the agreement.
14.2. Inspiration by Marlies will treat the customer’s personal data confidentially and will not share it with third parties unless explicitly agreed otherwise or required by law.
14.3. The customer is responsible for making backup copies of all materials and data needed by Inspiration by Marlies for the execution of the agreement. Inspiration by Marlies is not liable for the loss of these materials and data.
14.4. The customer indemnifies Inspiration by Marlies against any liability for damage resulting from the customer’s failure to comply with the obligations as described in these general terms and conditions.
14.5. The customer is responsible for keeping the login details provided by Inspiration by Marlies safe and confidential. Inspiration by Marlies is not liable for the misuse or loss of these login details.
Article 15. Other provisions and applicable law
15.1. If any provision of these general terms and conditions is null and void or declared invalid, the remaining provisions of these general terms and conditions will remain in full force, and Inspiration by Marlies and the customer will enter into consultation to agree on new provisions to replace the null or invalid provisions, taking into account the purpose and scope of the null or invalid provision as much as possible.
15.2. If the customer includes provisions or conditions in their assignment that deviate from or are not included in these terms and conditions, these are only binding on Inspiration by Marlies if and insofar as expressly accepted in writing by Inspiration by Marlies.
15.3. If Inspiration by Marlies deviates from the General Terms and Conditions on its own initiative to the benefit of the customer, the customer can never derive any rights from this.
15.4. Any purchasing or other conditions of the customer are not applicable.
15.5. Rights and obligations arising from an agreement can only be transferred to a third party by the customer if Inspiration by Marlies has given written consent.
15.6. Only Danish law applies to all legal relationships in which Inspiration by Marlies is a party.
15.7. The customer and Inspiration by Marlies will first attempt to settle any disputes amicably through mutual consultation before resorting to legal action.
Version: december 2022