General terms and conditions Sales Colors B.V.
These terms and conditions were amended on: May 4, 2022, and superseded previous versions as of this date
1 – General
These conditions apply to all activities of Sales Colors B.V. established in Zeist, in particular the services regarding assessment, coaching, consultancy and licensing.
Deviations from these conditions can only be made in writing and then only apply with regard to the specific agreement to which the deviations relate.
2 – Services
- The services provided by Sales Colors B.V. may concern work on an hourly basis as well as services for a fixed fee or a fixed rate, or otherwise.
- When the services provided by Sales Colors B.V. is performed on an hourly basis, the hours actually spent will be charged.
- When the services provided by Sales Colors B.V. is performed for a fixed fee, agreements about this will be made prior to the assignment.
- Before the start of the work, Sales Colors B.V. draw up a written order confirmation, which must be signed and returned by the client for approval. In the case of repeat orders, a verbal confirmation of the agreed order and fee may suffice.
- If no agreements have been made between the parties about the remuneration of an assignment, the usual hourly rate of Sales Colors B.V. applies. or the usual pricing in the case of assessments.
- Sales Colors B.V. reserves the right to separately charge travel, accommodation, office or material costs incurred, insofar as these exceed the usual. Sales Colors B.V. undertakes to account for this in writing to the client.
- After consultation, Sales Colors B.V. reserves the right to refuse or return an order.
3 – Quality
- Sales Colors B.V. will carry out the assignment to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
- If and insofar as this is required for the proper execution of the assignment, Sales Colors B.V. the right to have certain activities performed by third parties. Sales Colors B.V. will inform the client about this in advance if possible.
- The client is obliged to perform the performance of Sales Colors B.V. provide the necessary cooperation, such as completing the assessment questions.
- The client ensures that all data of which Sales Colors B.V. indicates that these are necessary or of which the client should reasonably understand that they are necessary for the execution of the assignment, to Sales Colors B.V. in a timely manner. are provided. If the information required for the execution of the order is not provided to Sales Colors B.V. in time. have been provided, the latter has the right to suspend the execution of the order and/or to charge the client for the additional costs resulting from the delay in accordance with the usual rates.
- Sales Colors B.V. is not liable for damage, of whatever nature, caused by Sales Colors B.V. is based on incorrect and/or incomplete information provided by the client, unless it should have been aware of this inaccuracy or incompleteness.
4 – Modifications
- If during the execution of the assignment it appears that it is necessary for a proper execution to modify or supplement the work to be performed, both parties will adjust the assignment accordingly in good time and in mutual consultation.
- Changes to assignments are only binding if these changes are accepted by Sales Colors B.V.
- If both parties agree that the order will be changed or supplemented, the time for completion of the execution may be affected as a result. Sales Colors B.V. will inform the client as soon as possible.
- If the change or addition to the assignment may have financial and/or qualitative consequences, Sales Colors B.V. discuss this with the client.
5 – Cancellation
- If the client has a contract with Sales Colors B.V. If you cancel the concluded agreement or scheduled session within six working days before the start of the work, the client will automatically owe an immediately due and payable, and non-settable, compensation of 50% of the offered amount. In case of cancellation of the appointment on the day itself, the client owes 100% of the offered amount.
- The charging of the cancellation fee does not affect the right of Sales Colors BV to cancel any possible changes made by Sales Colors B.V. to suffer and to charge material and immaterial damage caused by (or at the expense or risk of) the client or participant. The products supplied by Sales Colors B.V. costs incurred and obligations already entered into that it can no longer cancel, are fully for the account of the client or the participant.
6 – Complaints procedure
- Complaints must be submitted immediately and at the latest within 14 days after discovery of the defect, by registered letter to Sales Colors B.V. to be made known. This letter states at least the nature of the complaint or the defect, how it was established and its cause.
- The client loses all rights and powers that were at its disposal on the basis of defects if it has not complained within the aforementioned periods and in the manner indicated above and if Sales Colors B.V. has not given the opportunity to repair the defects within a reasonable period of time.
7 – Intellectual Property
- Unless otherwise agreed, Sales Colors B.V. the copyrights, as well as all other intellectual property rights on the products sold by Sales Colors B.V. materials provided, including designs, case histories, reports, questionnaires, images, models and quotes. Everything that Sales Colors has left to the client or third parties for such matters remains the property of Sales Colors B.V. and may without the express written permission of Sales Colors B.V. not be copied, shown to third parties or used or reproduced in any other way, regardless of whether costs have been charged to the client for this.
- Sales Colors B.V. reserves the right to use the knowledge gained through the execution of the assignment for other purposes, insofar as no confidential information is disclosed to third parties.
8 – Confidentiality
- It is Sales Colors B.V. It is prohibited, either during the present agreement or after its termination, to make any disclosures in any way whatsoever to third parties, directly or indirectly, in whatever form and in whatever form, regarding confidential information that Sales Colors B.V. has been made available by the client or the participant.
- This confidentiality obligation also applies to the client and the participant towards Sales Colors B.V. with regard to the materials and information made available by Sales Colors.
- Information is considered confidential if this has been communicated by the other party or if this results from the nature of the information.
9 – Liability
- Sales Colors B.V. tries to enable clients or participants to achieve the intended goals by making the SALES COLORS SALES ANALYSIS and related matters available. Sales Colors B.V. cannot, however, guarantee that those goals will actually be achieved and excludes liability for this.
- Sales Colors B.V. also excludes liability for all consequences that the surveys, the analyzes or any use thereof or any decision taken on the basis thereof, directly or indirectly, may have for the Partner, the Partner’s customer, participants or third parties. The SALES COLORS SALES ANALYSIS is provided “as is”.
- Sales Colors B.V. is only liable for direct damage suffered by the client, which is the direct and exclusive consequence of the fault of Sales Colors B.V.
- The compensation can never be higher than the amount that is paid on the basis of the information provided by Sales Colors B.V. taken out liability insurance. A copy of the policy conditions will be provided by Sales Colors B.V. on request. be provided to the client. If the liability insurance does not cover the liability, the amount for which Sales Colors B.V. liable is never higher than the total of the invoices sent to the client in the context of the relevant assignment.
10 – Payment, compensation
- Payment of the invoices must be made within 14 days of the invoice date by transferring the amount due to bank account number NL45RABO0359033687 in the name of Sales Colors B.V. in Zeist, stating the invoice number. After this term, default will take effect by operation of law.
- All judicial and extrajudicial costs incurred by Sales Colors B.V. made in order to effect fulfillment of the principal’s obligation, shall be borne by the principal. The extrajudicial costs amount to at least 15% of the principal.
- Claims of Sales Colors B.V. on the client are immediately due and payable in the following cases:
- In the event of debt restructuring, liquidation, bankruptcy or suspension of payment of the client or in the event of an application to that effect;
- If Sales Colors B.V. after the assignment has been issued, becomes aware of circumstances that give it good grounds to fear that the client will not fulfill its obligations.
- In the cases referred to in paragraph 3, Sales Colors B.V. authorized to suspend the further execution of the assignment or to dissolve the agreement, without prejudice to its right to claim compensation
11 – Force majeure
- Force majeure in these general terms and conditions is understood to mean, in addition to what is understood in this regard in law and jurisprudence, all external, unforeseen causes for which Sales Colors B.V. cannot exercise any influence, but as a result of which it is unable to fulfill its obligations.
- During force majeure, the obligations of Sales Colors B.V. suspended.
- If Sales Colors B.V. is prevented by force majeure from completing the agreement, it may, without any obligation to pay compensation and without prejudice to its further rights, dissolve this agreement without judicial intervention.
- The client will at all times, also in the event of force majeure, provide Sales Colors B.V. with the information under this agreement. for services and investments already rendered, pay the fees owed to Sales Colors B.V.
12 – Applicable Documents – Applicable Law
- All offers, agreements and all obligations of Sales Colors B.V. only Dutch law applies. Disputes that cannot be resolved by voluntary mediation under the MfN conditions can only be submitted to the competent court in the district of Utrecht.
13 – Change of conditions
- Sales Colors B.V. is authorized to make changes to these terms and conditions. These changes will come into effect at the announced date of entry into force. Sales Colors B.V. will send the amended terms and conditions to the client in a timely manner. If no time of entry into force has been communicated, changes towards the client will take effect as soon as the change has been communicated to him.