Article 1 General

  1. ElsvanSteijndeFontein B.V. (hereinafter referred to as Els van Steijn) is a “Besloten Vennootschap”, with the purpose of facilitating family constellations and the associated coaching and online training. Els van Steijn is statutorily registered in Utrecht and is listed in the trade register under number 75947005 and VAT number BTW- 860452578B01.
  2. Definitions:
    a. Family constellations, also known as systemic work or systemic constellations, is an approach that focuses on exploring and understanding the underlying dynamics and patterns within family systems.
    b. Online platform, a digital environment where customers/users can participate in online training.
    c. Online program, on Els van Steijn's online platform, various personalized online programs – such as the program "Find Your Place" – are offered.
    d. Client refers to natural persons who wish to use the services of Els van Steijn or purchase products; they may also be referred to as clients.
    e. Business clients, individuals or entities acting during a profession or business; regarding business clients, their agreements are to be documented in writing and on an individual basis with Els van Steijn.
    f. Content, each workshop, constellation, etc., has its own content with specific topics.
    g. Workshop, interactive sessions in which participants actively engage in learning and practicing specific skills, solving problems, or exploring new ideas.
    h. Coaching, this form of coaching focuses on exploring and understanding the dynamics and patterns within family systems and facilitating personal growth.
    i. Lectures, educational presentations aimed at sharing knowledge, insights, and concepts related to family constellations.
    j. Sales, Els van Steijn sells her books to consumers on her website.
    k. Additional terms, additional terms serve to further clarify or regulate specific aspects, conditions or requirements of an agreement.
  3. Els van Steijn also applies additional terms to certain services; these additional terms can be viewed here.
  4. These general terms and conditions are drafted in both Dutch and English languages; the intent of the Dutch text shall always prevail and be binding.
  5. The services and products provided by Els van Steijn are not a substitute for medical and therapeutic assistance; therefore, we advise seeking medical help at all times.

Article 2 Applicability

  1. These general terms and conditions apply to every assignment, quotation, advertisements, sale of goods, offers, and other actions on behalf of Els van Steijn, including any subsequent assignment or in additional or modified form.
  2. The applicability of any general or other conditions of a client are generally rejected.
  3. Regarding all assignments, it is assumed that they are exclusively given to and accepted by Els van Steijn, even if it was explicitly or implicitly intended that an assignment would be carried out by a specific person. The application of Article 7:404 paragraphs 1 and 2 is fully excluded.
  4. Els van Steijn is authorized to engage third parties in connection with the execution of the agreement with the client. Furthermore, Els van Steijn is authorized to accept any liability limitations that third parties apply on behalf of the client of Els van Steijn. In principle, any direct liability of Els van Steijn for any deficiencies and/or errors of third parties is excluded.
  5. In case of ambiguity of a provision, Els van Steijn will try to interpret the provision as much as possible in the light of these general terms and conditions.
  6. The possible invalidity of one or more of these provisions does not affect the general terms and conditions for the rest.

Article 3 Offer

  1. All offers and/or quotations communicated orally, in writing, by telephone, or through electronic means are generally valid for 14 days.
  2. Prices in offers, quotations, on the website, and in agreements are generally displayed including VAT.
  3. The services and products offered on the website are generally presented with an individual description and corresponding price.
  4. If an offer - made by Els van Steijn - is unilaterally changed, the offer is generally no longer valid.
  5. Offers and/or quotations do not apply to future situations.
  6. A composite quotation does not oblige Els van Steijn to perform a portion of the assignment at a proportionate part of the quoted price.

Article 4 Agreement, Duration, Execution, and Withdrawal

  1. The agreement is formed through an offer by Els van Steijn and the acceptance of the respective offer by the customer.
  2. If the customer wishes to modify the agreement, this is only possible in consultation with Els van Steijn, and any changes must always be documented in writing.
  3. Non-physical services, such as constellations and services provided on the online platform, cannot be returned.
  4. The right of withdrawal is excluded regarding the online platform, due to the nature of the offered non- physical services.
  5. Els van Steijn may decide to increase the prices of its services at any time, and this increase can also be applied to existing agreements. After a price increase, the customer is entitled to terminate the agreement within 3 months of the price increase.

Section A Constellations, Workshops, or Lectures

  1. After the formation of the agreement and fulfilling the payment obligation, Els van Steijn will proceed to secure a spot for a "constellation," workshop, or lecture, resulting in a confirmed registration for the chosen time.
  2. Regarding the cancellation of a constellation day, workshop, or lecture, the following criteria apply:
    a. Up to 4 weeks before the date of the constellation day, workshop, or lecture, cancellation is possible free of charge;
    b. Up to 5 working days before the date of the constellation day, workshop, or lecture, we will refund 50% of the participant's fee to the account from which the customer paid;
    c. Cancellations within 5 working days before the constellation day, workshop, or lecture will incur a 100% charge to the customer. This also applies if the customer fails to attend the constellation day, workshop, or lecture without any prior notice.
  3. After cancellation, the canceled spots will be re-published on the website. Els van Steijn does not maintain a waiting list to fill last- minute vacancies.

Part B Goods

  1. The offer on Els van Steijn's website contains a complete and accurate description of the offered products. The description is sufficiently detailed to enable the customer to make a proper assessment of the offer.
  2. Els van Steijn uses images that are a truthful representation of the offered products.
  3. Clear errors or obvious mistakes in the offer do not bind Els van Steijn in principle.
  4. If an offer has a limited duration of validity or is subject to conditions, Els van Steijn will clearly indicate this with the respective offer.
  5. The customer accepts the agreement through electronic means, and Els van Steijn promptly confirms the receipt of the acceptance of the offer electronically. Until the receipt of this acceptance is confirmed by Els van Steijn, the customer can terminate the agreement.
  6. Els van Steijn has the right to ensure within legal frameworks that the customer can fulfill their payment obligations and to ascertain any facts and factors relevant to a responsible conclusion of a distance agreement. If, based on this investigation, Els van Steijn has valid reasons not to enter into the agreement, they are entitled to refuse an order or application with a motivated explanation or to attach specific conditions to the execution.
  7. The customer can cancel an agreement regarding the purchase of a product without stating reasons within a reflection period of 14 days. Of course, we at Els van Steijn appreciate it if you voluntarily share the reason for exercising your right of withdrawal with us.
  8. The reflection period mentioned in section 7 starts on the day after the consumer, or a third party designated by the customer who is not the carrier, has received the product, or:
    a. If the customer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by the customer, receives the last product.
    b. If the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by the customer, receives the last shipment or part.
  9. You can download the Model Form for exercising the right of withdrawal here.
  10. During the reflection period, the customer must handle the product and its packaging with care. The customer will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product.
  11. The customer is liable for any diminished value of the product resulting from handling beyond what is necessary in line with section 10 of this article.
  12. If the customer exercises his/her right of withdrawal, they shall communicate this within the reflection period using the model withdrawal form.
  13. The customer shall return the product with all supplied accessories, if reasonably possible, in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  14. The customer shall return the product to Els van Steijn within 14 days from the day following the communication referred to in section 6. In this case, the risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  15. The customer shall bear the direct costs of returning the product.
  16. If the customer exercises their right of withdrawal, any additional agreements shall be automatically dissolved.
  17. Once Els van Steijn has received the model withdrawal form from the customer, they will promptly send a confirmation of receipt.
  18. Els van Steijn will reimburse all payments made by the consumer, including any delivery costs charged by Els van Steijn for the returned product, without delay but within 14 days of the day on which the customer notifies the withdrawal.
  19. Returning items outside the specified withdrawal period is not possible.
  20. For the reimbursement, Els van Steijn uses the same means of payment that the customer used, unless the customer agrees to a different method. The reimbursement is free of charge for the consumer.
  21. If the customer has chosen a more expensive method of delivery than the standard delivery, the additional costs will be borne by the customer, and Els van Steijn will only reimburse the costs of the standard delivery.

Part C Online Platform

  1. After the formation of the agreement and fulfilling the payment obligation, Els van Steijn will provide the purchased service, such as a chosen online program, on its established online platform.
  2. By entering into the agreement, the customer agrees to these general terms and conditions and the additional terms of the online platform. To view the additional terms, click here.
    1. In principle, the provided content is accessible for a specific period of 2 years. If circumstances require it, ElsvanSteijndeFontein B.V. may decide to remove the content earlier. Such circumstances include inaccuracies in the provided online training or if it is based on outdated information.
  4. If the online content is not available or not functioning properly, the customer must immediately notify Els van Steijn. Els van Steijn will then provide a solution as soon as possible.

  5. If a customer's account remains inactive for longer than 12 months and is not reopened after 2 reminders, the data related to the customer profile will be closed and deleted.

Part D Coaching

  1. Before the formation of the agreement, Els van Steijn will schedule an informal intake conversation. Additionally, the customer will receive an email containing information about the process, number of sessions, and other relevant details.
  2. By accepting our coaching offer, an agreement is established. We will schedule the first 3 sessions and invoice them. Once more than half of the agreed-upon sessions have been completed, we will send you the final invoice.
  3. Given that we are committing to a certain period of time together, it is generally not possible to terminate the agreement prematurely. If the customer is dissatisfied with the coaching, we are happy to explore possibilities to conclude the coaching in a satisfactory manner.
  4. If you wish to reschedule a coaching appointment, the following rules apply:
    a. Cancellation or rescheduling up to 2 working days before the session is free of charge, and we will arrange another session.
    b. If cancellation or rescheduling occurs within 2 days, then the customer will be charged fort the session.
  5. If the customer fails to appear for the appointment, Els van Steijn will invoice the customer for the session's cost.

Article 6 Payment

  1. Payment should generally be made directly through the designated portal.
  2. Payment should be made without any form of set-off or deduction.
  3. Upon receipt of payment, the desired access to the platform will be made available promptly or access information will be provided.
  4. Access to the relevant content will not be granted until the payment is completed.
  5. If an alternative payment arrangement is desired, it must be agreed upon in writing at all times.
    1. In certain cases, it is possible for the customer to pay in installments. Please refer to our additional terms and conditions for more information.
  7. If payment is not made or not made on time, Els van Steijn will charge the costs associated with the overall payment at the customer's expense.

Article 7 Force Majeure

  1. If performance becomes impossible due to force majeure and this continues for a period of 30 days, parties are entitled to terminate the agreement. Any services already performed by Els van Steijn will be invoiced to the Customer.
  2. In the event of temporary suspension of services, the Customer and those affected by this information will be informed, and a solution will be reached between the parties.
  3. As a supplement to Article 7, Els van Steijn can terminate the agreement with the Customer, without notice and without judicial intervention, immediately and in whole or in part. The cases in which Els van Steijn can exercise this authority are:
    3.1. When (temporary) suspension of payments has been granted to the Customer.
    3.2. When there is a suspicion that the Customer will not fulfill their payment obligations.
    3.3. When bankruptcy has been applied for (WSNP) by or for the Customer.
    3.4. When the Customer treats individuals working at Els van Steijn in an inappropriate manner. This includes actions such as intimidation or discrimination, etc.
    3.5. When the Customer infringes upon the rights of a third party.
  4. If the agreement is terminated on the part of Els van Steijn, the Customer will be invoiced for work already performed. The services already provided and the related payment obligation will not be subject to reversal.

Article 8 Liability

  1. The agreement concluded between Els van Steijn and the Customer falls within the category of effort agreements. Therefore, Els van Steijn can never be held liable for unachieved results.
  2. Els van Steijn does not provide any form of (direct/indirect) medical advice. The services provided by Els van Steijn are not intended to replace professional medical advice and should not be used as a substitute by the Customer.
  3. In the event that Els van Steijn, despite clause 1, is held liable, any liability is limited to the compensation of direct damages up to a maximum amount equal to the agreed amount in the respective agreement (excluding VAT).
  4. As an addition to clause 2, Els van Steijn's liability, irrespective of the grounds, is further limited to the amount that will be paid out in the specific case by the professional liability insurance of Els van Steijn, increased by the deductible that, according to the conditions of the insurance policy, is not at the expense of the insurer.
  5. The aforementioned clauses refer to direct damages, defined as damages in direct causal connection with the provided service. It is central that the maximum compensation amount is limited as indicated in clause 2.
  6. Any indirect liability with regard to the offered services and products is excluded. This includes consequential damages, missed savings, lost profits, reduced goodwill, damages due to business interruption, third-party materials and software. Likewise, liability related to mutilation, destruction, or loss of documents is excluded.
  7. If performance by Els van Steijn becomes permanently impossible, liability with respect to an attributable failure arises only if the Customer formally notifies Els van Steijn of the default in writing, allowing a reasonable period for remedy. The notice of default must contain a detailed and comprehensive description of the failure, enabling Els van Steijn to respond adequately.
  8. The Customer indemnifies Els van Steijn against all claims for services provided by third parties to Els van Steijn.
  9. The manner in which the Customer absorbs and interprets information cannot be attributed to Els van Steijn.

Article 9 Confidentiality and Non-Disclosure

  1. Customers and other involved parties are obligated to maintain confidentiality towards third parties. This confidentiality pertains to all confidential information provided to them by the client.
  2. Individuals working for Els van Steijn are required to maintain the confidentiality of confidential information acquired in the course of their agreement with each other or from other sources.
  3. Information is considered confidential if its confidentiality is indicated and if this arises from the nature of the information.
  4. Els van Steijn strongly advises against sharing extensive and/or sensitive information, such as medical status, during workshops, constellations, coaching, etc.
  5. If the customer decides to share sensitive data within the group as mentioned in clause 4, this is done at the customer's own risk.

Article 10 Intellectual Property Rights

  1. 1. All intellectual property rights arising from the provision of services belong to Els van Steijn. This includes, among others:
    a. Documents that in any way support the purpose of Els van Steijn in any form;
    b. Specially created content;
    c. Coaching materials;
    d. Constellation materials;
    e. Books;
    f. Digital content of the online platform;
    g. Quotations;
    h. Information from our website.
  2. The texts, images, creative elements, and business name are primarily owned by Els van Steijn, except for materials provided by third parties that hold valid intellectual property rights.

Article 11 Privacy

  1. At Els van Steijn, great value is placed on your privacy. In the privacy statement, you can learn about the data that Els van Steijn processes about you and how Els van Steijn handles it.

Article 12 Applicable Law and Complaints Procedure

  1. Dutch law applies to all services, products, and legal actions.
  2. The judge in the jurisdiction of Els van Steijn's location has exclusive jurisdiction over disputes, unless the law dictates otherwise.
  3. Parties will only resort to the court after making every effort to resolve a dispute amicably.
  4. If you are dissatisfied with Els van Steijn's services, please follow our complaints procedure.

Article 13 Other Provisions

  1. Notices are subject to typographical and typesetting errors. In case of doubt, the Customer should conduct further research by simply contacting Els van Steijn.
  2. The board of Els van Steijn is always authorized to amend or supplement the general terms and conditions, including existing agreements. Relevant changes to the terms and conditions will be communicated to the customer.
  3. With regard to specific services, additional rules are applicable. Els van Steijn will share these rules in writing upon entering into an agreement.