Article 1 Definitions
EmVROUWerment and Pleasure Siren (Shayna Mazure-Lubben), established in Stadskanaal, Kamer van Koophandel (KVK) number 76326225, is referred to in this document as emVROUWerment.
The person who has registered via the emVROUWerment and/or Pleasure Siren website, social media page, telephone or e-mail for the offered service, product and/or subscription form is referred to as a customer in this document.
The agreement means the agreement of the assignment on the basis of which emVROUWerment (Pleasure Siren) makes content or/and product(s) available to the customer against payment of a fee and costs and whereby the general terms and conditions have been declared applicable. Such as an offered (online) service, product and/or subscription form.
Possible hired photographer (third party) who will attend or deliver photographic works after agreement will be referred to as photographer and the service (photos/videos) provided as photographic work.
Content means the shared information, in various forms, within the agreement, on the website or social media channels of emVROUWerment (Pleasure Siren).
Article 2 Applicability of general terms and conditions
These terms and conditions apply to all agreements, activities, offers, invoices and delivery of services and/or products by or on behalf of emVROUWerment to which it has declared these terms and conditions applicable, insofar as these terms and conditions have not been expressly deviated from in writing.
EmVROUWerment has the right to unilaterally change these conditions if it deems this necessary. The new conditions must be made known to the customer before they come into force. The most recently updated version of the general terms and conditions always applies.
The general terms and conditions also apply to any third parties engaged by emVROUWerment in the context of the agreement.
If one or more provisions in these terms and conditions are at any time wholly or partially declared null and void or a deviation is allowed, the other provisions of the general terms and conditions will remain fully applicable.
Article 3 Establishment of agreement
It is not possible to enter into an agreement with emVROUWerment if the age of 18 has not yet been reached.
EmVROUWerment cannot be held to its offer of an agreement, both offered and already enclosed, if the customer could reasonably understand that the offer, or a part thereof, contains an obvious mistake or error.
If a person accepts the offer, which also includes services and/or products purchased online, an immediate payment obligation arises for the customer. This is referred to as a concluded agreement.
The agreement is personal, so that only one customer can be linked to the purchase. If the purchaser wishes to give the service, product and/or subscription form as a gift, this must be indicated immediately after purchase by e-mail to email@example.com.
EmVROUWerment can inform itself within the legal framework whether the customer can meet his payment obligation, if based on this investigation emVROUWerment has good reasons not to enter into the agreement, it is entitled to refuse or dissolve an agreement with reasons.
Article 4 Execution of the agreement
EmVROUWerment executes the agreement to the best of its knowledge and ability. However, it is not responsible for not achieving the result that the customer intended with the purchase.
EmVROUWerment is not responsible for online services and/or products being accessible at any time from any location, partly because this depends on the internet connection, malfunctions and platforms of third parties.
The offer, price and activities that are part of a service and/or product of emVROUWerment may change from time to time. EmVROUWerment reserves the right to expand, remove, limit or modify the content. This also means that part or all of the shared content may no longer be accessible or may be lost, this must be reported in advance.
EmVROUWerment reserves the right to refuse a customer at all times.
The duration of the agreement varies per service or product. Online services and/or products can be followed at your own discretion and at your own pace, as long as the content is made available. The customer is responsible for going through the content in a timely manner.
Article 5 Provision of information
When personal data is processed for the implementation of the agreement, the personal data will be processed by emVROUWerment in a careful manner in accordance with the Personal Data Protection Act and the General Data Protection Regulation. For more information, please refer to the privacy statement.
The customer shall make all information relevant to the execution of the agreement available to emVROUWerment in a timely manner.
The customer guarantees the correctness, completeness and reliability of the data made available, even if these originate from third parties.
If the customer does not make the requested information available or does not make it available in time and the execution of the agreement is delayed as a result, the resulting consequences will be borne by the customer.
The customer indemnifies emVROUWerment against any damage resulting from failure to comply with the provisions of this article.
Article 6 Rates and payment
With the purchase of a service, product and/or subscription form, the obligation to pay arises, even if the offer in the agreement is not fully used.
The rates agreed when entering into the agreement are based on the price level applied at that time. From the moment of purchase, this rate cannot be changed for the relevant customer. Unless the customer could reasonably understand that the offer, or a part thereof, contains an obvious mistake or error (see article 3).
The Customer only gains access to the content of the agreement after full payment of the agreed amount, unless agreed otherwise.
EmVROUWerment reserves the right to adjust the fee when offering a service, product and/or subscription form again. It also has the right to adjust the price in the run-up to the agreement date for promotional purposes.
If the customer fails to pay an invoice on time, a direct debit cannot be collected, a direct debit is withdrawn without a valid reason or a payment is reversed, the customer is after sending a one-off payment reminder, reminder or notice of default. legally in default and owes statutory interest. The interest on the due and payable amount will be calculated from the moment the student is in default until the moment of payment of the full amount due.
If the student is in default or fails to fulfill his obligations, all reasonable costs incurred in obtaining payment out of court will be borne by the student.
EmVROUWerment has the right to apply the payment made by the customer in the first place to reduce the costs, then to reduce the interest due and finally to reduce the principal sum and the current interest. EmVROUWerment can, without being in default, refuse an offer for payment if the customer designates a different order for the allocation of the payment.
If the customer fails to make timely payment, access to the content will be denied. If the agreement has not been terminated in time or correctly (see Article 7), the payment obligation will continue to exist in such a case.
Article 7 Change and cancellation
The agreement cannot be terminated prematurely.
The customer has a legal cooling-off period of 14 days, called the right of withdrawal. After delivery of a service, the right of withdrawal no longer applies. To make use of this right, the customer must complete the model form (www.consumentenbond.nl/binaries/content/assets/cbhippowebsite/tests/online-kopen/modelformulier-ontbinding-herroeping-2014.pdf) and send it to firstname.lastname@example.org. Possible costs for a return shipment are the responsibility of the customer.
When booking an agreement in which photographic work is provided, there is a tailor-made service for which both photographer and emVROUWerment time and capacity are reserved. The Distance Selling Act applies, whereby a cooling-off period of 14 days does not apply.
When it comes to a one-off online service, such as an online course or masterclass, the customer receives access to the service as soon as it starts. The agreement is therefore excluded from the right of withdrawal, so that the customer does not have the option of canceling the purchase with a refund of the purchase amount.
If the customer sustains an injury or illness after purchase, reservation or during the agreement, this is not a valid reason to terminate the agreement. Judgment of this is solely the responsibility of emVROUWerment
When the right of withdrawal is excluded, the customer does have the right to dissolve the agreement within 14 calendar days after purchase if the customer can demonstrate that the content does not meet the expectations that the customer could reasonably have. Judgment of this is solely the responsibility of emVROUWerment.
In the event of unforeseen circumstances or force majeure, emVROUWerment has the right to interrupt, move or cancel an agreement. Unforeseen circumstances include illness, personal reasons that impede the agreement and/or circumstances that arise with regard to materials that are necessary for the proper execution of the agreement. In the event of such a situation, emVROUWerment will inform the customer of this as soon as possible and a suitable solution will be sought.
Article 8 Intellectual property
Unless otherwise agreed in writing, emVROUWerment retains all intellectual rights to all data, information supplied and content made available.
EmVROUWerment grants the customer a limited, personal, non-exclusive, non-sublicensable, non-transferable and revocable right to use the offer within the agreement for personal purposes and under the conditions as stated in these general terms and conditions.
Content, including written documentation belonging to the content, may not be copied, shown to third parties, modified, made available, resold or used in any other way without written permission from emVROUWerment. The customer may share parts of the content on social media to a limited extent when this material is provided with attribution and social media tag of emVROUWerment.
Infringement of this article constitutes an infringement of copyright. In such a case, emVROUWerment is entitled to invoice the customer for the damage suffered and, if justified, to exclude it from further participation.
Content that is offered for life means as long as emVROUWerment exists, or the platform on which the content is offered. EmVROUWerment cannot be held responsible for not fully going through the content.
In an agreement in which photographic work is supplied, the copyright on the photographic works rests with the photographer. Attribution of photographer and emVROUWerment is mandatory when using photographic works by customer.
Photographer creates and edits photographic work in his own style. The customer declares to be familiar with the photographer’s style. The Customer is not entitled to edit or cut out supplied photographic work itself.
In the event of non-compliance with the condition, the photographer and/or emVROUWerment will be entitled to compensation of at least 100% of the license fee usually charged by the photographer, without losing any right to compensation for other damage suffered, including the right to compensation for all direct and indirect damage. All actual judicial and extrajudicial costs.
Article 9 Liability
EmVROUWerment is not liable for damage resulting from the agreement, unless the direct damage was caused intentionally or with gross negligence on the part of emVROUWerment.
The customer remains responsible at all times for applying or performing knowledge and/or actions as gained in the offer of emVROUWerment, either on the website, social media channel and/or within an agreement.
In the event that emVROUWerment owes compensation to the customer for causing direct damage intentionally or with gross negligence on the part of emVROUWerment, the compensation will not exceed the amount charged by emVROUWerment in the three months prior to the occurrence of the damage. the damage.
EmVROUWerment is not liable for damage resulting from incorrectly supplied data by the customer.
The customer indemnifies emVROUWerment against all third-party claims related to the agreement it has delivered.
Article 10 Communication
Upon acceptance of the agreement, the customer agrees that emVROUWerment may approach the customer for important changes or updates to the agreement, if it deems this necessary. This communication will never contain commercial statements from third parties.
Both parties are bound to secrecy with regard to all confidential information that they have obtained in the context of their agreement. For more information, please refer to the privacy statement.
Within some agreements, customers can communicate with each other during participation, for example by posting comments to an online course. The customer declares not to send spam or otherwise unwanted communications, of a commercial nature or otherwise, including but not limited to threatening, aggressive, obscene, defamatory, infringing, privacy-violating or advertising-containing communications. Violation of this article, as well as the other conditions, may result in immediate denial of access to and use of the services of emVROUWerment.
EmVROUWerment reserves the right to exclude customers from further participation and, if necessary, from future participation if their communication or behavior hinders or complicates the course of the agreement. Exclusion does not affect the applicable payment obligation.
EmVROUWerment is authorized to remove communication or other parts of shared information at any time without further notice, if the content justifies its removal.
Article 11 Complaints
EmVROUWerment has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
The customer is obliged to make complaints about invoices and/or agreements known to emVROUWerment in writing and with reasons as soon as possible, but no later than 7 calendar days after the complaint arose. This can be done by sending an e-mail to email@example.com.
If a complaint is reported later, the customer is no longer entitled to repair, replacement or compensation.
EmVROUWerment strives to send a notification of receipt of the complaint within 5 working days and to deal with the content of the complaint within a period of 14 working days. If a complaint requires a foreseeable longer processing time, emVROUWerment will respond within this period with a receipt and indication when the customer can expect a more detailed answer.
Submitting a complaint does not suspend the payment obligation.
Article 12 Dispute resolution
Dutch law applies to the general terms and conditions.
Parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.
All disputes will be settled by the competent court in the district in which emVROUWerment is located, unless the law prescribes otherwise.
Contrary to the statutory limitation period, the limitation period for all claims and defenses against emVROUWerment and the third parties involved is 12 months.
EmVROUWerment (Pleasure Siren)
Veenstraat 10-D 9502 EZ Stadskanaal (no visiting address)
T: +31650559754 | E: firstname.lastname@example.org
Person of contact: Shayna Mazure-Lubben | E: email@example.com