Since 1999

General terms and conditions

General terms and conditions of Animal Spirit, located at Kerkstraat 104,6104AE in Koningsbosch and registered with the Chamber of Commerce under number 14063399.


1.Definitions

Client is that person or organization that enters into an agreement with Animal Spirit, whereby Animal Spirit offers its services and products.

Contractor is Animal Spirit, the party offering its services and products to Client.

Services consist primarily of – but are not limited to – individual treatments and workshops.

Client is the natural person who actually purchases the service or product from Animal Spirit on behalf of the client. Client and client may be the same person.


2. General

2.1 Deviations from these terms and conditions shall only apply insofar as confirmed in writing by Animal Spirit. Applicability of general terms and conditions of the client is expressly rejected.
2.2 If deviations have been agreed upon with respect to certain subjects regulated by these terms and conditions, the present General Terms and Conditions shall remain in force for the remainder of that agreement.
2.3 Agreed deviations shall never apply to more than one order, unless confirmed again in writing.


3. Delivery terms and conditions

3.1 Offers are made by Animal Spirit digitally (via e-mail or website).
3.2 The offers made by Animal Spirit are without obligation; they are valid for 30 days, unless indicated otherwise. Animal Spirit is only bound by the offer if the acceptance thereof is confirmed by the client in writing/digitally within 30 days or by the client’s appearance at Animal Spirit to purchase the service offered, unless otherwise indicated.
3.3 An enrollment by email becomes an agreement when Animal Spirit has confirmed the enrollment in writing. This confirmation also serves as proof of registration. Payment shall be made in advance.
3.4 Animal Spirit is not liable for printing, writing and/or typing errors and/or lack of clarity in offers, order confirmations and/or prospectuses, nor for the consequences thereof. In case of differences in interpretation of offers, confirmations of orders or prospectuses, Animal Spirit’s interpretation shall be binding.
3.5 If an offer is not accepted, Animal Spirit reserves the right to charge for all or part of the costs incurred.
3.6 Animal Spirit undertakes to properly store the information and documents placed at its disposal by the client or customer, but accepts no liability whatsoever for loss through fire, theft or breakage and the like insofar as they are not covered by insurance.    
3.7 Animal Spirit’s offers and/or quotations do not apply to repeat or new orders.     
3.8 Animal Spirit is authorized to revoke any offer within five working days of receipt of the other party’s acceptance. Animal Spirit is entitled to remove offers from the website and to refrain from delivery.    3.9 The other party has accepted an offer from Animal Spirit when it has entered its account information (customer information) on the http://animalspirit.nl website and placed an order, or when it has confirmed this information to Animal Spirit by e-mail. Following an order placed by the other party, Animal Spirit will send an order confirmation.


4. Prices, payment and delivery

4.1 Animal Spirit uses the prices as stated on the website, unless expressly agreed otherwise in writing. The prices stated on the website for products are free of VAT and exclusive of delivery charges. Prices quoted on the website for consultations, workshops or other services are free of VAT, unless expressly stated otherwise.
4.2 If part of the agreed services is cancelled or cancelled in consultation with Animal Spirit, Animal Spirit reserves the right to adjust the quoted prices for the remaining work. 
4.3 Payment for all product and service offers shall be made by payment in lump sum and in advance, unless other arrangements are made in advance in writing.
4.4 Payment, if desired and agreed upon, shall be made by using an invoice and must be made within 14 days of the invoice date.
4.5 Objections to the amount of the invoice do not suspend the payment obligation. After expiry of the payment term (14 days from invoice date), legal interest will be charged, without notice of default being required, with the exception of private individuals, who do receive notice of default in accordance with the law.
4.6 Statutory interest for non-compliance with the payment obligation is calculated per month, or part thereof.
4.7 If the client is in default or otherwise in breach of one or more of his obligations, all reasonable costs incurred to obtain satisfaction shall be borne by the client, both judicial and extrajudicial.
4.8 Client is never entitled to set off any claim that it has or thinks it has against Animal Spirit against outstanding invoices.
4.9 In case of liquidation, bankruptcy, attachment or suspension of payment of the Client, Animal Spirit’s claims against the Client shall be immediately due and payable.           
4.10 Delivery shall take place while stocks last. Animal Spirit strives to dispatch orders within 1 to 3 working days after receipt of payment. However, Animal Spirit is not obliged to do so.     
4.11 Animal Spirit maintains a limited stock of products; it is therefore possible that the delivery period may be longer.       
4.12 The ultimate delivery period for products is 30 days after placing the order, except for orders where the customer itself has indicated that it wishes to receive them later. If it proves impossible to deliver an order within 30 days, the customer will be informed in a timely manner and has the right to cancel his order free of charge. Delivery of services takes place on a date and time agreed with the customer.


5. Force majeure

5.1 Force majeure is defined as any circumstance independent of Animal Spirit’s will as a result of which fulfillment of its obligations toward the client is prevented in whole or in part or as a result of which fulfillment of its obligations cannot reasonably be required of Animal Spirit, regardless of whether the circumstance could have been foreseen at the time of the conclusion of the agreement.
5.2 Force majeure also includes flooding, storm damage, traffic congestion, stagnation/restrictions and or cessation of supplies by public utility companies, fire and accidents rendering performance of a service impossible. 
5.3 Force majeure relieves Animal Spirit from complying with the agreed term or from the obligation to perform the service, without the client being able to assert any right to compensation of costs or damages on that account.


6. Termination and cancellation
6. Unless expressly agreed otherwise in writing, delivery of services and products shall only take place after full payment by the other party of the invoice amount.
6.1 Animal Spirit shall determine the method of delivery, shipment and shipping route.
6.2 Animal Spirit reserves the right, without giving reasons, not to proceed with the order or to refuse a designated participant. The client is then entitled to a refund of monies already paid, excluding preparations already made. 
6.3 Cancellation of an agreement concluded with Animal Spirit is not possible, unless otherwise expressly provided in these General Terms and Conditions or in the agreement itself, or further agreed upon in writing between the parties.
6.4 If the customer cancels a service within 2 working days (48 hours) of the intended appointment, the entire amount of the service will be charged.   
6.5 From the moment that Animal Spirit presents goods for delivery to the carrier (e.g. PostNL), the risk of destruction or deterioration (including damage, loss, theft) of the goods rests with the other party. If there is a consumer purchase, this risk rests with the other party from the moment of delivery.
6.6 Cancellation by the other party shall at all times be in writing (by e-mail).
6.7 Cancellation by the client is possible up to 6 weeks before the start of a workshop or consultation.  A new date will then be scheduled but no refund applies. If not cancelled, the client is obliged to pay the total amount of the workshop or consultation. 
6.8 In case of a consumer purchase the other party has the right to dissolve the purchase during 14 days after receiving the goods by a written statement to that effect. In that case the other party must return the goods, unopened and unused, to Animal Spirit as soon as possible and at its own expense. Animal Spirit shall return the money paid to it by the other party as soon as possible and in any case within thirty days of dissolution. The other party’s right of withdrawal is excluded for perishable goods, magazines and other printed matter and goods made or adapted specifically for the other party.    
6.9 In the case of services such as consultations and workshops, Animal Spirit has no obligations toward the other party if it is prevented from doing so by force majeure. Animal Spirit may suspend obligations under the agreement during the period of force majeure. If this period lasts longer than two months, both parties shall be entitled to dissolve the agreement without any obligation to compensate the other party for damages. Work performed by Animal Spirit before the occurrence of the force majeure may be invoiced to the other party.

7. Liability and complaints

7.1 The results of application and use of the work performed by Animal Spirit depend on many factors that may also be beyond its control. Although each service is carried out to the best of its knowledge and ability and in accordance with the requirements of good workmanship, Animal Spirit can therefore provide no guarantees with respect to the services it performs. The latter also applies if the description of the order should include certain results. 
7.2 Animal Spirit shall be liable to the client for any shortcoming in the performance of the order insofar as the shortcoming consists in failure to observe the care and expertise that may be relied upon in the performance of the order. Animal Spirit is not liable for:

– damage incurred by the client, customer or third parties resulting from the provision of incorrect or incomplete data or information by or on behalf of the client or customer to Animal Spirit;

– damage incurred by client or third parties that is the result of acts or omissions of professionals engaged by Animal Spirit;

– loss of profits, indirect or consequential damage incurred by client or third parties.
7.3 Animal Spirit shall at all times be entitled to compensate for damage incurred by Client as far as possible.
7.4 Client is obliged, if it considers holding Animal Spirit liable for compensation, to consult with Animal Spirit about this before proceeding to hold it liable. 
7.5 If in the performance of an order an incident should occur that leads to liability, such liability shall be limited to the agreed amount pertaining to the order. 
7.6 The Contracting Party must inspect the goods immediately upon receipt. All complaints must reach Animal Spirit in writing within a reasonable period of time after the other party becomes aware of any imperfections or shortcomings or could reasonably have become aware of them, but at the latest within two weeks of delivery of the goods, accurately describing the complaint(s).   
7.7 Complaints may be addressed to the address of Animal Spirit, being: Kerkstraat 104, 6104AE Koningsbosch.   
7.8 Goods about which the other party has complained must be stored carefully and unused, unmixed, in the packaging supplied and unprocessed in a place suitable for that purpose and made available by dispatch of the goods to Animal Spirit at the expense of the other party.

8. Intellectual property

8.1 All services, workshops, advice, etc. conceived by Animal Spirit shall become and remain the express and exclusive inalienable property of Animal Spirit.
8.2 Publication, transfer or distribution of these services, workshops, advice, etc. by the client or third parties may only take place with Animal Spirit’s permission.
8.3 In case of violation of the above provisions client shall in any case owe Animal Spirit a penalty of € 10,000.00 per violation.


9. Confidentiality

9.1 Animal Spirit shall be obliged to keep all information and data of the client confidential. Animal Spirit shall take all possible precautions within the framework of the order to protect the interests of the client.

9.2 If, pursuant to a statutory provision or a judicial decision, Animal Spirit is required to disclose confidential information to third parties designated by law or by the competent court, and Animal Spirit cannot in this respect invoke a right to refuse to give evidence that is recognized or permitted by law or by the competent court, then Animal Spirit shall not be required to pay compensation or indemnification and the opposite party shall not be entitled to dissolve the agreement on the grounds of any damage resulting from this.


10. Result

Animal Spirit endeavors to achieve the intended result in performing the services with the available knowledge, skills, experience and work capacity.

Animal Spirit only accepts assignments for which it is qualified or for which it can hire the qualified persons. Nevertheless, Animal Spirit cannot guarantee the result, as this depends in part on the input of the client. By accepting these general conditions the client knows that no claim can be made to Animal Spirit regarding result.


11. Choice of law

Any agreement between user and client shall be governed by Dutch law.

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