GENERAL TERMS AND CONDITIONS

General Terms and Conditions

General Terms and Conditions Performance Coaching & Training Guy Huiskes, applicable from 22 November 2024.

Table of contents:
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the cooling-off period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the entrepreneur in the event of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Performance and additional guarantee
Article 13 – Delivery and performance
Article 14 – Continuing performance contracts: duration, termination and renewal
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Additional or deviating provisions

Article 1 – Definitions
In deze voorwaarden wordt onder de volgende begrippen verstaan:

1. Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance agreement and these goods, digital content and/or services are delivered by the trader or by a third party on the basis of an agreement between that third party and the trader;
2. Reflection period: the period within which the consumer can exercise his right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data that is produced and delivered in digital form;
6. Continuing performance contract: a contract that extends to the regular delivery of goods, services and/or digital content for a certain period of time;
7. Durable data carrier: any tool – including email – that enables the consumer or entrepreneur to store information that is addressed to them personally in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
8. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
9. Business: the natural or legal person who offers products (or access to them), digital content and/or services to consumers at a distance;
10. Distance contract: a contract concluded between the trader and the consumer under an organized system for distance sales of products, digital content and/or services, whereby up to and including the conclusion of the contract, exclusive or joint use is made of one or more means of distance communication;
11. Model withdrawal form: the European model withdrawal form included in Appendix I to these terms and conditions;
12. Means of distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur having to be physically present in the same space at the same time;

Article 2 – Identity of the entrepreneur
Statutory name: Performance Coaching & Training Guy Huiskes;
Abbreviated as: PCT Guy Huiskes
Natural person: Guy Huiskes
Vestigingsadres: De Wadden 30, 5691 ZG Son en Breugel (Nederland)
Contact telephone number: +31 6 36 51 43 84
Contact email address: ‘’ info@pctguyhuiskes.com ‘’ info@pctguyhuiskes.com ‘’
Contact Instagram: ‘’ https://www.instagram.com/pct_guy_huiskes?igsh=MXB4ZHRjbXRzNnRqeA%3D%3D&utm_source=qr ‘’
Chamber of Commerce number: 94044015
VAT identification number: NL005061059B93
EORI number: NL5011731650

Article 3 – Applicability
1. These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate before the distance contract is concluded how the general terms and conditions can be viewed at the trader's premises a
3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge by electronic means or otherwise at the consumer's request.
4. In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting terms and conditions, the consumer may always invoke the applicable provision that is most favorable to him.

Article 4 – The offer
1. If an offer (such as a discount promotion) has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer are not binding on the trader.
3. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 – The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set out therein. In principle, this is done via the website. If a consumer has ordered a customized product, they will receive a preview by email. Only when the consumer has agreed in writing by email will this order go into production and the right of withdrawal as explained in paragraph 1 of Article 6 lapse.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the trader has not confirmed receipt of this acceptance, the consumer can terminate the contract.
3. If the contract is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader shall take appropriate security measures.
4. The trader may, within legal frameworks, inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the contract, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
5. The trader shall provide the consumer with the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, at the latest upon delivery of the product, service or digital content:
a. the visiting address of the trader's establishment where the consumer can lodge complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and existing after-sales service;
d. the price, including all taxes, of the product, service or digital content; where applicable, the delivery costs; and the method of payment, delivery or performance of the distance contract;
e. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a continuing transaction, the provision in the previous paragraph shall only apply to the first delivery.

Article 6 – Right of withdrawal
For products sold to consumers:
1. The consumer may terminate an agreement relating to the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The trader may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state his reason(s). An exception to this is customized products that we have produced specifically at the customer's request. Until the production of a customized product has started, it can be cancelled. If the trader states that this has already happened, there is no longer a right of withdrawal unless the product is defective.
2. The right of withdrawal applies to products that have not been used and are still in their packaging, unless the product is defective.
3. A product is considered defective if:
a. a coaching board has scratches or damage upon receipt. If this is the case, this must be emailed with accompanying photos to ‘info@pctguyhuiskes.com’ on the day of receipt or no later than the day after receipt. PLEASE NOTE: the coaching board is a product for use, so signs of wear and tear/damage as a result of this are normal. This is certainly the case with whiteboard film, which is more susceptible to scratches than a regular powder-coated or glass-coated whiteboard. These signs of wear and tear/damage (during use) are therefore not a reason for return. To limit damage, depending on the type of product, a cover is included/optionally available at an additional cost. 
b. a coaching board has visible lamination errors (i.e. lamination streaks) upon receipt. In this case, an email with accompanying photos must also be sent to ‘info@pctguyhuiskes.com’ on the day of receipt or no later than the day after receipt. If these lamination errors occur over time, we will assess whether this defect needs to be repaired by PCT Guy Huiskes, who will ultimately decide on this matter.
c. a deluxe coach board does not conform to the previews that were approved by email. It is the customer's responsibility to ensure that the name and colours are correctly approved.
4. The cooling-off period referred to in paragraphs 1 and 2 commences on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The trader may refuse an order for multiple products with different delivery times, provided that he has clearly informed the consumer of this prior to the ordering process.
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
c. in the case of contracts for the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, received the first product.
Bij diensten en digitale inhoud die niet op een materiële drager is geleverd:
5. The consumer may terminate a service agreement and an agreement for the delivery of digital content that is not delivered on a tangible medium for at least 14 days without giving reasons. The trader may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state his reason(s).
6. The cooling-off period referred to in paragraph 4 commences on the day following the conclusion of the agreement.
Extended cooling-off period for products, services and digital content not delivered on a tangible medium in the absence of information about the right of withdrawal:
7. If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period shall expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
8. If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months of the start date of the original cooling-off period, the cooling-off period shall expire 14 days after the day on which the consumer received that information. For products to business customers:
Bij producten aan zakelijke afnemers:
9. The business customer may cancel an agreement relating to the purchase of a product during a cooling-off period of up to 14 days and must have a valid reason for returning the product. The trader may ask the business buyer for the reason for cancellation. Paragraphs 1 and 2 of this article also apply here.
10. The costs of returning the product are borne by the business buyer.
11. The shipping costs of the initial order will not be reimbursed.
12. Returns are subject to a 15% return fee based on the purchase price.

Article 7 – Obligations of the consumer during the cooling-off period
1. During the cooling-off period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop. This means that the basic (non-personalized) coaching boards may not yet be used with whiteboard markers if the consumer wishes to retain the right of withdrawal.
2. The consumer is only liable for any diminished value of the product resulting from handling the product in a manner that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any diminished value of the product if the trader has not provided him with all the legally required information about the right of withdrawal before or at the time of concluding the contract.

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer exercises his right of withdrawal, he shall preferably notify this by telephone and in any case always in writing by email.
2. As soon as possible, but within 14 days of the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the trader. This is not necessary if the trader has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
3. The consumer shall return the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product and these costs cannot be claimed. If there is a goodwill arrangement, this will be discussed in consultation and is an exception.
6. If the consumer withdraws after first expressly requesting that the performance of the service or the supply of gas, water or electricity that is not ready for sale in a limited volume or quantity commences during the cooling-off period, the consumer shall owe the trader an amount proportional to that part of the agreement that has been fulfilled by the trader at the time of withdrawal, compared to the full fulfilment of the agreement.
7. The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
a. the trader has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model withdrawal form, or;
b. the consumer has not expressly requested the commencement of the performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period.
8. The consumer shall not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium if:
a. prior to delivery, he has not expressly agreed to commence performance of the contract before the end of the cooling-off period;
b. they have not acknowledged that they will lose their right of withdrawal when giving their consent; or
c. the trader has failed to confirm this statement by the consumer.
9. If the consumer exercises their right of withdrawal, all additional agreements shall be dissolved by operation of law.

Article 9 – Obligations of the entrepreneur in the event of withdrawal
1. Als de ondernemer de melding van herroeping door de consument op elektronische wijze mogelijk maakt, stuurt hij na ontvangst van deze melding onverwijld een ontvangstbevestiging.
2. De ondernemer vergoedt alle betalingen van de consument (aankoopbedrag van betreffende product + verzendkosten als dit het enige product in die bestelling is), onverwijld doch binnen 14 dagen volgend op de dag waarop de consument hem de herroeping meldt. De verzendkosten van het retourneren blijven een verplichting voor de consument (niet op de ondernemer). Tenzij de ondernemer aanbiedt het product zelf af te halen, mag hij wachten met terugbetalen tot hij het product heeft ontvangen of tot de consument aantoont dat hij het product heeft teruggezonden, naar gelang welk tijdstip eerder valt.
3. De ondernemer gebruikt voor terugbetaling hetzelfde betaalmiddel dat de consument heeft gebruikt, tenzij de consument instemt met een andere methode. De terugbetaling is kosteloos voor de consument.
4. Als de consument heeft gekozen voor een duurdere methode van levering dan de goedkoopste standaardlevering, hoeft de ondernemer de bijkomende kosten voor de duurdere methode niet terug te betalen.

Article 10 – Exclusion of the right of withdrawal
The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, at least in good time before the conclusion of the contract:
1. Customized products that have been made specifically for you and which cannot reasonably be sold to other consumers or business customers. This paragraph refers to personalized products mentioned in paragraph 1 of Article 6. This is explicitly stated on the website under the heading “Customization & Delivery”. It is therefore not only stated in the general terms and conditions;
2. Products or services whose price is linked to fluctuations in the financial market over which the trader has no influence and which may occur within the withdrawal period;
3. Agreements concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content and/or services are offered by the trader to consumers who are physically present or have the opportunity to be physically present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
4. Service contracts, after full performance of the service, but only if:
b. the consumer has declared that he loses his right of withdrawal once the trader has fully performed the contract;
b. the consumer has declared that he loses his right of withdrawal once the trader has fully performed the contract;
5. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
6. Contracts relating to leisure activities, if the contract provides for a specific date or period of performance;
7. Products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
10. Products that, by their nature, have been irrevocably mixed with other products after delivery;
11. Alcoholic beverages whose price was agreed upon at the time of concluding the contract, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the trader has no influence;
12. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
13. Newspapers, periodicals or magazines, with the exception of subscriptions to them;
14. The delivery of digital content other than on a tangible medium, but only if:
b. the consumer has declared that he loses his right of withdrawal once the trader has fully performed the contract;
b. the consumer has declared that he thereby loses his right of withdrawal.

Article 11 – The price
1. During the period of validity stated in the offer (such as in the case of discount promotions), the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
2. Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence, at variable prices. This sensitivity to fluctuations and the fact that any prices quoted are target prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.

Artikel 12 – Nakoming overeenkomst en extra garantie
1. The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the trader also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the trader, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against the trader on the basis of the agreement if the trader has failed to fulfill its part of the agreement.
3. An additional guarantee is understood to mean any commitment by the trader, its supplier, importer or manufacturer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to do in the event that it has failed to fulfill its part of the agreement.

Article 13 – Delivery and performance
1. The trader will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services. The delivery time (for personalized products) is generally approximately four weeks, but may be longer in exceptional cases. If this delivery time is expected to be longer, this will be stated in advance on the website under “Customization & Delivery”. This section also contains details such as the small air bubbles or lines that remain visible to a limited extent despite careful lamination. Please take this into account. 
2. The place of delivery is the address that the consumer has provided to the trader.
3. With due observance of the provisions of Article 4 of these general terms and conditions, the trader will execute accepted orders with due speed, but at the latest within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to compensation.
4. After dissolution in accordance with the previous paragraph, the trader shall immediately refund the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 14 – Continuing performance contracts: duration, termination and renewal
Termination:
1. The consumer may terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate a contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the definite period, subject to the agreed termination rules and a notice period of no more than one month.
3. The consumer may terminate the agreements referred to in the previous paragraphs:
– at any time and not be restricted to termination at a specific time or during a specific period;
– at least in the same manner as they were entered into by him;
– always with the same notice period as the trader has stipulated for himself.
Renewal:
4. An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.
5. Notwithstanding the previous paragraph, an agreement entered into for a fixed period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer can terminate this renewed agreement at the end of the renewal period with a notice period of no more than one month.
6. A contract that has been entered into for a fixed period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer is entitled to terminate the contract at any time with a notice period of no more than one month. The notice period shall not exceed three months in the case of an agreement for the regular delivery of daily, news and weekly newspapers and magazines, but less than once a month.
7. A fixed-term agreement for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) shall not be tacitly renewed and shall automatically end at the end of the trial or introductory period.
Duration:
8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.

Article 15 – Payment
1. Unless otherwise specified in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the consumer may never be obliged in the general terms and conditions to pay more than 50% in advance. However, the webshop is designed in such a way that the consumer can pay immediately so that the order can be started afterwards. If a consumer wishes to pay afterwards, this can be done by mutual agreement and a written request should be sent to the email address. The order will not be started without any advance payment.
3. The consumer is obliged to immediately report any inaccuracies in the payment details provided or stated to the trader.
4. If the consumer fails to meet his payment obligation(s) on time, after the trader has notified him of the late payment and the trader has granted the consumer a period of 14 days to still meet his payment obligations, the consumer will owe statutory interest on the outstanding amount after the 14-day period has expired -term, the consumer will owe statutory interest on the amount still due and the trader will be entitled to charge the extrajudicial collection costs incurred by him. These collection costs will amount to a maximum of: 15% on outstanding amounts up to £2,500; 10% on the next £2,500 and 5% on the next £5,000, with a minimum of £40. The trader may deviate from these amounts and percentages in favor of the consumer.

Article 16 – Complaints procedure
1. The trader has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the performance of the contract must be submitted to the trader in full and clearly described within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
4. A complaint about a product, service or the service of the trader can also be submitted via the contact form on the website of PCT Guy Huiskes. The complaint will then be dealt with.
5. PCT Guy Huiskes will not handle a dispute or will discontinue handling it if the entrepreneur has been granted a moratorium on payments, has gone bankrupt or has actually ceased its business activities.
6. A dispute will only be handled by PCT Guy Huiskes if the consumer has first submitted their complaint to the entrepreneur within a reasonable period of time.

Article 17 – Disputes
1. Agreements between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. This also applies if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

Article 18 – Additional or deviating provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be laid down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier. Consultation is, of course, always possible.

Appendix I: Model withdrawal form
Model withdrawal form
(only complete and return this form if you wish to withdraw from the contract)
- To: [ name of trader]
[ geographical address of trader]
[ fax number of trader, if available]
[ e-mail address or electronic address of trader]
- I/We* hereby inform you that I/we* withdraw from our contract concerning
the sale of the following products: [description of product]*
the delivery of the following digital content: [description of digital content]*
the performance of the following service: [description of service]*,
revoke/revoked*
- Ordered on*/received on* [date of order for services or receipt for products] [Name of consumer(s)]
- [Address of consumer(s)]
- [Address of consumer(s)]
- [Signature of consumer(s)] (only if this form is submitted on paper)
* Delete as appropriate or fill in as applicable.