Terms and Conditions ElsvanSteijndeFontein B.V.

Article 1 Definitions

1.ElsvanSteijndeFontein B.V. (hereinafter: Els van Steijn) is is a “Besloten Vennootschap” with the aim of facilitating family constellations and related coaching and online training. Els van Steijn is legally registered in Utrecht and is listed in the trade register under number 75947005 and VAT number NL860452578B01.

2.These general terms and conditions also apply to The Fountain Flow B.V., located at Maliebaan 9, 3581CA Utrecht, and registered in the trade register under number 94849056.

3.The Fountain Flow B.V. operates as an independent entity and may provide services and enter into agreements on behalf of or in collaboration with Els van Steijn.

4.All rights and obligations arising from these general terms and conditions also apply to The Fountain Flow B.V., unless expressly stated otherwise.

5.Depending on the purchased product or service, the agreement is concluded with one of the following entities: a. The sale of books and the online program is conducted by ElsvanSteijndeFontein B.V. When purchasing these products, you enter into an agreement with ElsvanSteijndeFontein B.V. b. All other activities, including coaching, family constellations, retreats, and workshops, are offered by The Fountain Flow B.V. When purchasing these services, the agreement is concluded with The Fountain Flow B.V.

6.These general terms and conditions apply to both ElsvanSteijndeFontein B.V. and The Fountain Flow B.V., unless explicitly stated otherwise. If specific provisions apply solely to one of the entities, this will be explicitly indicated.

7.Definitions:

  • a.Family constellations, also known as systemic work or systemic constellations, is an approach focused on exploring and understanding the underlying dynamics and patterns within family systems.
  • b.Online platform: a digital environment where customers/users can participate in an online training.
  • c.Online program: various personalized online programs, such as the "Find Your Place" program, are offered on Els van Steijn’s online platform.
  • d.Customer: natural persons who wish to use the services of Els van Steijn/Fountain Flow B.V. or purchase products. They may also be referred to as clients.
  • e.Business customers: persons or entities acting in the exercise of a profession or business. Business customers must document their agreements in writing and individually with Els van Steijn/Fountain Flow B.V.
  • f.Content: each workshop, constellation, etc., has its own content with specific topics.
  • g.Workshop: interactive sessions where participants actively engage in learning and practicing specific skills, solving problems, or exploring new ideas.
  • h.Coaching: a form of coaching focused 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 conditions that serve to further clarify or regulate specific aspects, terms, or requirements of an agreement.
  • l.Digital products: all non-physical products offered electronically by Fountain Flow B.V., its subsidiary, including but not limited to online training, e-books, audio files, video material, and other digital content accessible online after purchase or provided via email.

8.Els van Steijn/Fountain Flow B.V. also applies additional conditions regarding certain services. These additional terms can be viewed here.

9.These general terms and conditions are drafted in both Dutch and English. The Dutch text is always leading and binding.

10.The services and products provided by Els van Steijn/Fountain Flow B.V. are not a substitute for medical or therapeutic assistance. Therefore, we advise seeking medical help at all times.

Article 2 Applicability

  1. These general terms and conditions apply to every assignment, offer, advertisement, sale of goods, proposal, and other actions carried out in the name of Els van Steijn, including any subsequent, additional, or modified assignments.
  2. The applicability of any general or other terms and conditions of a client is generally rejected.
  3. All assignments are deemed to have been 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 operation of Article 7:404, paragraphs 1 and 2 of the Dutch Civil Code, is entirely excluded.
  4. Els van Steijn/Fountain Flow B.V. is authorized to engage third parties in connection with the execution of the agreement with the customer. Additionally, Els van Steijn/Fountain Flow B.V. is authorized to accept any liability limitations imposed by third parties on behalf of the client of Els van Steijn/Fountain Flow B.V. In principle, any own liability of Els van Steijn/Fountain Flow B.V. for shortcomings and/or errors by third parties is excluded.
  5. If a provision is unclear, Els van Steijn/Fountain Flow B.V. will interpret it in light of these general terms and conditions as much as possible.
  6. The possible invalidity of one or more provisions of these terms and conditions does not affect the validity of the remaining provisions.

Article 3 Offer

  1. All offers and/or quotations communicated orally, in writing, by telephone, or electronically 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 displayed with an individual description and corresponding price.
  4. If an offer made by Els van Steijn/Fountain Flow B.V. is unilaterally modified, the offer is generally no longer valid.
  5. Offers and/or quotations do not apply to future situations.
  6. A composite price quotation does not oblige Els van Steijn/Fountain Flow B.V. to perform part of the assignment for a corresponding portion of the specified price.

Article 4 Agreement, Term, Execution, and Withdrawal

  1. The agreement is established through an offer by Els van Steijn/Fountain Flow B.V. and the acceptance of that offer by the customer.
  2. If the customer wishes to modify the agreement, this is only possible in consultation with Els van Steijn/Fountain Flow B.V., and changes must always be recorded 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 for the online platform and online products such as e-books and audiobooks due to the nature of the non-physical services offered.
  5. Els van Steijn/Fountain Flow B.V. may decide at any time to increase the prices of its services. This increase can also be applied to existing agreements. After a price increase, the customer is entitled to terminate the agreement within three months of the price increase.

Section A: Constellations, Workshops, or Lectures

  1. After the agreement is established and the payment obligation is fulfilled, The Fountain Flow B.V. will confirm a constellation, workshop, or lecture spot for the chosen time.
  2. Regarding cancellations of a constellation day, workshop, or lecture, the following applies: a. Up to four weeks before the date, cancellation is free of charge. b. Up to five business days before the date, 50% of the participation fee will be refunded to the account from which the customer paid. c. Cancellations within five business days before the date will be charged 100% of the participation fee. The same applies if the customer does not show up without prior notice.
  3. After cancellation, the canceled spots will be published on the website. The Fountain Flow B.V. does not use a waiting list for last-minute spots.

Section B: Goods

  1. The offer on Els van Steijn’s website contains a complete and accurate description of the products offered. The description is detailed enough to allow the customer to properly assess the offer.
  2. Els van Steijn uses images that truthfully represent the offered products.
  3. Apparent mistakes or errors in the offer do not bind Els van Steijn.
  4. If an offer has a limited validity period or is subject to conditions, Els van Steijn will clearly state this in the offer.
  5. The customer accepts the agreement electronically, and Els van Steijn promptly confirms the receipt of the acceptance. Until this confirmation is received, the customer can dissolve the agreement.
  6. Els van Steijn has the right to assess whether the customer can meet their payment obligations. If there are good reasons to refuse the agreement, Els van Steijn may reject an order or impose special conditions.
  7. The customer has the right to dissolve a purchase agreement within 14 days without providing a reason. While sharing the reason is appreciated, it is entirely voluntary.
  8. The 14-day reflection period starts from the day after the customer or a third party (not the carrier) receives the product, or: a. If multiple products were ordered in one order, the day the last product is received. b. If a product is delivered in multiple shipments or parts, the day the last shipment or part is received.
  9. The withdrawal form can be downloaded here.
  10. During the reflection period, the customer must handle the product and packaging carefully, only unpacking or using it to the extent necessary to assess its nature, characteristics, and functionality.
  11. The customer is liable for any decrease in value if they do not comply with point 10.
  12. If the customer exercises their right of withdrawal, they must notify this within the reflection period using the withdrawal form.
  13. The customer must return the product with all accessories, in its original condition and packaging where possible, following the entrepreneur's instructions.
  14. The customer must return the product within 14 days after notifying the withdrawal, with the risk and burden of proof lying with the customer.
  15. The customer bears the direct costs of returning the product.
  16. Exercising the right of withdrawal automatically dissolves any additional agreements.
  17. Once Els van Steijn receives the withdrawal form, they will confirm receipt immediately.
  18. Els van Steijn will refund all payments, including delivery costs for the entire order, within 14 days after the withdrawal notification.
  19. Returning products outside the specified withdrawal period is not possible.
  20. Refunds will be made using the same payment method as the customer used unless agreed otherwise.
  21. If the customer chose a more expensive delivery method than the standard option, they will bear the additional costs, and Els van Steijn will only refund the cost of standard delivery.

Section C: Online Platform

  1. After establishing the agreement and fulfilling the payment obligation, Els van Steijn will make the purchased service, such as an online program, available on its online platform.
  2. By entering into the agreement, the customer agrees to these general terms and the additional terms of the online platform. Click here to view the additional terms.
  3. In principle, the provided content remains accessible for two years. However, Els van Steijn/Fountain Flow B.V. may remove content earlier due to inaccuracies or outdated information.
  4. If the online content is unavailable or malfunctioning, the customer must report this immediately, and Els van Steijn will work to resolve the issue as soon as possible.
  5. If a customer account is inactive for more than 12 months and remains unopened after two reminders, the customer profile and associated data will be deleted.

Section D: Coaching

  1. Before the agreement is established, Fountain Flow B.V. will schedule a non-binding intake interview, during which the customer will receive an email detailing the methodology, number of sessions, and other relevant information.
  2. Accepting the coaching offer establishes the agreement. The first three sessions are scheduled and invoiced, and after more than half of the sessions are completed, the final invoice will be sent.
  3. Since this commitment is for a specific period, the agreement cannot be terminated prematurely. If the customer is dissatisfied, Fountain Flow B.V. will explore possible solutions to conclude the coaching effectively.
  4. If the customer wishes to reschedule a coaching session, the following rules apply: a. Rescheduling up to two business days before the session is free of charge. b. If rescheduled within two days, costs of the full session will be charged.
  5. If the customer does not show up for a session, Fountain Flow B.V. will charge the full session cost to the customer.

Article 5 Obligations of the Customer

  1. The customer is required to provide Els van Steijn/Fountain Flow B.V. with accurate and complete information.
  2. The customer is obliged to provide Els van Steijn/Fountain Flow B.V. with the necessary information in a timely manner for the execution of the service.
  3. If the customer fails to provide the required information in a timely or complete manner, Els van Steijn/Fountain Flow B.V. has the right to suspend the execution of the agreement and/or charge the customer for any additional costs resulting from the delay.
  4. If the customer fails to fulfill their obligations properly, causing damage to Els van Steijn/Fountain Flow B.V., the customer is liable for this damage.
  5. If performance is not or temporarily not feasible for any reason, both parties must engage in discussions to find a suitable solution.
  6. Els van Steijn/Fountain Flow B.V. values a confidential environment where customers can fully engage in the process during workshops and constellation sessions. Therefore, strict confidentiality applies to all matters discussed during these sessions.

Article 6 Payment

  1. Payment must generally be made immediately through the designated payment portal.
  2. Payments must be made without any form of offsetting or deductions.
  3. Upon receipt of payment, the desired access to the platform will generally be provided immediately, or an access link will be granted.
  4. Until payment is completed, access to the relevant content will not be granted.
  5. If a different payment arrangement is required, this must always be agreed upon in writing.
  6. In certain cases, customers may have the option to pay in installments; please refer to our additional terms and conditions for more details.
  7. If payment is not made or is delayed, Els van Steijn/Fountain Flow B.V. will charge the customer for any costs incurred in recovering the outstanding amount.

Article 7 Force Majeure

1. If performance becomes impossible due to force majeure and this situation persists for 30 days, both parties have the right to terminate the agreement. Any services already provided by Els van Steijn/Fountain Flow B.V. will be charged to the customer.

2. If service provision is temporarily suspended, the customer and other affected parties will be informed, and a mutually acceptable solution will be sought.

3. In addition to Article 7, Els van Steijn/Fountain Flow B.V. may terminate the agreement with the customer immediately, without notice of default or judicial intervention, in the following cases:

  • 3.1. If the customer has been granted (provisional) suspension of payments.
  • 3.2. If it is suspected that the customer will not fulfill their payment obligations.
  • 3.3. If the customer has applied for bankruptcy (WSNP).
  • 3.4. If the customer behaves inappropriately towards employees of Els van Steijn/Fountain Flow B.V., such as through intimidation or discrimination.
  • 3.5. If the customer infringes on the rights of a third party.

4. If the agreement is terminated by Els van Steijn/Fountain Flow B.V., any services already rendered will be charged to the customer. Any completed services and related payment obligations will not be reversed.

Article 8 Liability

  1. The agreement between Els van Steijn/Fountain Flow B.V. and the customer is, in principle, a best-efforts agreement. Therefore, Els van Steijn/Fountain Flow B.V. cannot be held liable for any unachieved results.
  2. Els van Steijn/Fountain Flow B.V. does not provide any (direct or indirect) medical advice. The services provided by Els van Steijn/Fountain Flow B.V. are not intended as a replacement for professional medical advice and should not be used as such by the customer.
  3. If Els van Steijn/Fountain Flow B.V. is held liable despite Article 8.1, liability is limited to compensation for direct damages up to a maximum amount equal to the fee agreed upon in the relevant agreement (excluding VAT).
  4. In addition to Article 8.3, the liability of Els van Steijn/Fountain Flow B.V. is in any case limited to the amount paid out in the relevant case by the business or professional liability insurer, plus any deductible that is not covered by the insurance policy.
  5. Direct damage refers to damages that have a direct causal link to the provided service. The maximum amount of compensation is subject to the limits set in Article 8.3.
  6. Any indirect liability for the offered services and products is excluded, including consequential damages, lost savings, lost profits, reduced goodwill, damages due to business stagnation, and damages related to third-party materials and software. Liability for the mutilation, destruction, or loss of documents is also excluded.
  7. If performance by Els van Steijn/Fountain Flow B.V. becomes permanently impossible, liability for an attributable failure only arises if the customer provides written notice of default, granting a reasonable period for rectification. The notice must provide a detailed description of the failure to allow for an adequate response.
  8. The customer indemnifies Els van Steijn/Fountain Flow B.V. against all claims from third parties related to services provided by third parties to Els van Steijn/Fountain Flow B.V.
  9. Els van Steijn/Fountain Flow B.V. cannot be held responsible for how the customer interprets or applies the provided information.

Article 9 Confidentiality and Secrecy

  1. Customers and other involved parties are required to maintain confidentiality regarding all confidential information provided to them.
  2. Employees of Els van Steijn/Fountain Flow B.V. are obliged to maintain confidentiality regarding any confidential information obtained during the course of their work.
  3. Information is considered confidential if confidentiality has been explicitly stated or if the nature of the information implies confidentiality.
  4. Els van Steijn/Fountain Flow B.V. strongly discourages sharing extensive and/or sensitive personal information (such as medical details) during workshops, constellation sessions, coaching, etc.
  5. If the customer chooses to share sensitive information as described in A

Article 10 Intellectual Property Rights

1. All intellectual property rights related to the services provided belong to Els van Steijn. This includes, but is not limited to:

  • a .Documents that support the mission of Els van Steijn in any form;
  • b .Specially created content;
  • c. Coaching materials;
  • d. Constellation materials;
  • e. Books;
  • f. Digital content from the online platform;
  • g. Quotations;
  • h. Information from our website.

2. The texts, images, creative elements, and company name are the property of Els van Steijn/Fountain Flow B.V., except for materials provided by third parties that are subject to valid intellectual property rights.

Article 11 Privacy

  1. Els van Steijn/Fountain Flow B.V. highly values your privacy. The privacy statement outlines which data Els van Steijn/Fountain Flow B.V. processes and how this data is handled.

Article 12 Applicable Law and Complaints Procedure

  1. All services, products, and (legal) actions are subject to Dutch law.
  2. The court in the location where Els van Steijn/Fountain Flow B.V. is established has exclusive jurisdiction over disputes, unless otherwise required by law.
  3. Parties will only resort to legal proceedings after making every effort to resolve the dispute through mutual consultation.
  4. Are you dissatisfied with the services of Els van Steijn/Fountain Flow B.V.? Please follow our complaints procedure.

Article 13 Other Provisions

  1. All communications are subject to printing and typographical errors. In case of doubt, the customer is responsible for verifying the accuracy of the information, which can be done by simply contacting Els van Steijn/Fountain Flow B.V..
  2. In the event of any dispute regarding the interpretation or meaning of these terms and conditions, the Dutch version shall prevail over any translation.
  3. The management of Els van Steijn/Fountain Flow B.V. reserves the right to modify or supplement the general terms and conditions at any time, including for existing agreements. Customers will be informed of any relevant changes.
  4. Certain services are subject to additional rules. Before entering into an agreement, Els van Steijn/Fountain Flow B.V. will provide these rules in writing.