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ISSA van den Berg

Industrieweg 9
2254AE Voorschoten
The Netherlands

 

support@issavandenberg.com

 

Terms and Conditions

Terms and Conditions – ICONIC BV 2023
Article 1 – General
1.1 ICONIC BV is registered with the Chamber of Commerce Netherlands under the Chamber of Commerce number 89717988.
Article 2 – Definitions
2.1 In these terms and conditions, the following definitions shall apply:
ICONIC BV: The private limited liability company ICONIC.
Customer: The contracting party of ICONIC BV including in any case clients, consumers and course participants.
Consumer: Customer who is a natural person not acting in the exercise of a profession or business.
Terms and Conditions: The agreement between ICONIC BV and Customer to perform the various services or to purchase products from ICONIC BV.
Agreement: The agreement between ICONIC BV and Customer to perform the various services or to purchase products from ICONIC BV.
Fee: the financial compensation (time-proportionate or otherwise) paid by ICONIC BV has agreed with Customer for the provision of services or which applies to the work in question or which applies to the work in question.
Article 3 – Applicability
3.1 The Terms and Conditions apply to every existing and future Agreement, unless the parties       agree otherwise in writing prior to the conclusion of the Agreement. The applicability of Customer’s general terms and conditions is expressly excluded. The General Conditions shall also apply to any and follow-up orders.
3.2 ICONIC BV may at any time amend or supplement the General Conditions for future work or assignments.
3.3 In the event of a conflict between the General Conditions and the order confirmation in which the General Conditions have been declared applicable, the provisions of the order confirmation shall prevail.
Article 4 – Agreement
4.1 The Agreement shall come into effect only after ICONIC BV has accepted it in writing or orally.
4.2 No agreement shall ever be concluded between Customer and the person who, on the basis of any legal relationship to ICONIC BV, actually executes the order or is involved in it, even if the order is given with a view to execution by that person as referred to in article 7:404 of the Dutch Civil Code. The effect of articles 7:404 and 7:407 paragraph 2 of the Dutch Civil Code is expressly excluded.
4.3 The conditions are not only stipulated for ICONIC BV, but also for the employees and auxiliary persons of ICONIC BV, as if they were stipulated by themselves. All orders shall be binding on ICONIC BV only after they have been accepted by it in writing.
4.4 Klant stemt ermee in dat ICONIC BV digitaal met hem/haar en met derden correspondeert.
4.5 All assignments shall be carried out exclusively for the benefit of Customer. Third parties may not derive any rights from the work performed and its results. Customer indemnifies ICONIC BV against claims by third parties who claim to have suffered damage as a result of or related to work performed by ICONIC BV on behalf of Customer.
Article 5 – Services and products
5.1 ICONIC BV offers the following services and products:
1. Sale of books and/or other merchandise related to ICONIC BV;
2. Provision of online courses;
3. Mentorships and other long-term coaching processes.
5.2 Specific provisions and agreements apply per service or product, which can be found in the various appendices to these general terms and conditions. By agreeing to the general terms and conditions, Customer automatically agrees to the specific provisions regarding the various products.
Article 6 – Fee & advance payment
6.1 Unless the Parties have agreed otherwise in writing, Customer shall owe the Fee, plus turnover tax, for the performance of the Agreement.
6.2 ICONIC BV is always entitled to require Customer to make an advance payment. An advance payment received shall first be set off against the final invoice in the relevant Agreement, unless expressly agreed otherwise.
6.3 ICONIC BV is entitled to adjust the time-proportionate Fee as of 1 January of each year.
If there is an increase in the hourly rates within three months of the conclusion of the Agreement, the Consumer has the right to terminate the Agreement. The Consumer must exercise this right within one month of receiving the first invoice after the hourly rates have increased. If the Consumer terminates the Agreement, the Fee will be calculated on the basis of the hourly rates that have not been increased.
Article 7 – Payment, default and collection costs
7.1 Customer shall only be discharged from his payment obligation towards ICONIC BV if
and to the extent that he has transferred the amount due without deduction, suspension or discount to the bank account in the name of ICONIC BV, or pays ICONIC BV in cash. ICONIC BV’s invoices are due 14 days after the invoice date and must be paid without appeal to suspension or set-off.
7.2 ICONIC BV is entitled to invoice digitally.
7.3 If the payment term is exceeded, Customer shall be in default by operation of law and shall owe ICONIC BV default interest equal to the legal interest rate applicable in their relation from the due date until full payment.
7.4 In the event that Customer is in default of full payment of the amounts charged by ICONIC BV to Customer, then to the extent that the outstanding amount – after the default has occurred – is not yet settled within 14 days after a reminder, Customer shall owe ICONIC BV extrajudicial costs, whereby the following shall apply:
a) to the extent Customer is a Consumer, ICONIC BV shall be entitled to an amount equal to the maximum compensation allowed by law in respect of extrajudicial (collection) costs, as stipulated in and calculated in accordance with the Compensation for Extrajudicial Collection Costs Decree,
b) to the extent Customer acted in the exercise of a profession or business, ICONIC BV shall be entitled to compensation of the extrajudicial (collection) costs, which costs in that case, in deviation from article 6:96 paragraph 4 of the Dutch Civil Code and in deviation from the Decree on Compensation for Extrajudicial Collection Costs, shall be set now for then at an amount equal to 15% of the total outstanding principal sum with a minimum of EUR 75 for each invoice left partially or fully unpaid.
7.5 In the event that Customer is in default of timely and full payment of the amounts charged to Customer by ICONIC BV, ICONIC BV shall from the moment of default be entitled to suspend its work, after having notified Customer accordingly. ICONIC BV shall not be liable for any damage resulting from this suspension of work.
7.6 Payments made by or on behalf of Customer shall first be applied to reduce the costs due, then to reduce the interest due and finally to reduce the longest outstanding invoice, even if the payment by or on behalf of Customer states otherwise.
Article 8 – Limitation of liability
8.1 Customer acting in the exercise of a profession or business shall indemnify ICONIC BV against third-party claims, including reasonable costs of legal assistance, which are in any way related to the work performed for Customer, unless the same is the result of gross negligence or wilful misconduct.
8.2 When ICONIC BV engages third parties and when ICONIC BV uses equipment, software, data files, registers or other items, ICONIC BV shall at all times exercise due care. However, ICONIC BV shall not be liable for any errors and/or shortcomings of these third parties or for the improper functioning of equipment, software, data files, registers or other items used by ICONIC BV in the performance of the Order Agreement.  ICONIC BV is entitled, without prior consultation, to accept any limitations or exclusions of liability of third parties.
8.3 Customer shall at all times provide ICONIC BV with timely and complete information relevant to the correct execution of the Agreement. Customer warrants the accuracy and completeness of this information, even if it comes from third parties. If Customer provides incorrect or incomplete information, ICONIC BV shall not be liable if this results in damage.
Article 9 – Personal data
9.1 ICONIC BV has a privacy statement. This statement describes how carefully ICONIC BV handles Customer’s personal data.
9.2 Customer grants ICONIC BV permission to process personal data to the extent necessary. Personal data shall be processed by ICONIC BV for the purpose of executing the Agreement and to comply with legal (retention) obligations. In addition, ICONIC BV may process personal data for making informative and commercial offers to Customers.  ICONIC BV shall not provide personal data to third parties, unless it is required to do so by law or in the context of executing the Agreement..
Article 10 – Intellectual property
10.1 All intellectual property rights in respect of the name, logo and any text and (advertising) music of ICONIC BV as well as in respect of the business formula used by ICONIC BV in general belong to ICONIC BV. Customer is prohibited from directly or indirectly publishing these (or having them published) and/or reproducing or otherwise using them or associating with them, except with the prior written permission of ICONIC BV.
10.2 ICONIC BV shall not be liable for IP rights infringed by Customer and Customer shall indemnify   ICONIC BV in the event that it is nevertheless held liable for this in court.
Article 11 – Confidentiality
Both parties are obliged to keep confidential all confidential information obtained from each other or from other sources in the context of their agreement. Information is considered confidential if it has been communicated by the other party or if it arises from the nature of the information.
Article 12 – Applicable law and competent court
12.1 The legal relationship between client and ICONIC BV shall be governed by Dutch law. In the event of any disputes, the Amsterdam District Court, Subdistrict Section, location Amsterdam, shall have exclusive jurisdiction to hear them.
Annexes to these General Terms and Conditions:
– Annex 1 – Specific provisions relating to the sale of products ICONIC BV;
– Annex 2 – Specific terms and conditions for online courses;
– Annex 3 – Specific provisions relating to mentorships and long-term coaching processes.
ANNEX 1 – SALES OF PRODUCTS ICONIC BV
In brief:
● Orders are usually processed and shipped within 7 working days.
● Return or exchange is possible within 14 days.
● The shipping costs for the return will not be refunded.
● Refunds of return orders are usually paid to the Customer within 14 days.
Article 1 – The agreement
1.1. The agreement between ICONIC BV and Customer is final when Customer has indicated his agreement with the general terms and conditions and/or he has authorised ICONIC BV to debit the money from his account, when Customer has made a payment. After the cooling-off period of 14 days has expired and payment has been received by ICONIC BV, Customer has become the owner of the product in question.
1.2. The agreement is established electronically, by filling in the necessary fields and agreeing to the terms and conditions.
1.3 ICONIC BV shall not be bound by obvious errors and slips in the offer on the website.
1.4 Customer is obliged to fulfil the payment obligation to ICONIC BV. Failure to pay within the specified period will result in Customer receiving a reminder from ICONIC BV. If Customer has still not paid after 14 days, costs will be charged.
1.5 After Customer has made the purchase, Customer will receive a written confirmation of the purchase by email from ICONIC BV. This states the product the Customer has purchased and what the product costs.
Article 2 – Delivery
2.1 ICONIC BV usually maintains a delivery time of 7 working days. This can of course vary and depends on how busy the transport services are.
2.2 Delivery of products abroad may take longer than a delivery in the Netherlands. The costs charged for shipping to an address abroad are visible to the Customer when you proceed to purchase the product.
2.3 Delivery periods stated on the Website and/or in the ordering process are indicative and do not constitute a deadline.
Article 3 – Reflection period
3.1 The Customer has a 14-day reflection period after purchasing a particular product. Should Customer be dissatisfied with the purchase within this period, Customer may return the product to ICONIC BV, without Customer having to pay for the product itself. The Customer only pays the shipping costs for returning the product in question. If the Customer has already made a payment, the Customer will receive a credit invoice and the amount paid by the Customer will be refunded to the already known account number.
3.2. Products returned to ICONIC BV must be returned in the same condition as they were received by Customer.
Article 4 – Pricing
4.1 The prices listed on ICONIC BV’s website always include VAT. The costs to be paid for shipping the product become visible when the Customer has added the product to your shopping cart.
4.2 The Website lists the payment options. If the Customer chooses a mode of payment after delivery, the payment term depends on the payment mode chosen, as indicated on the Website. The payment term applies as a deadline.
4.3 The price displayed with the product on the website cannot change during the purchase. The Customer pays the amount visible with the product and which is also confirmed to the Customer if the Customer electronically agrees to the purchase. Therein, the purchase price is again stated.
4.4 If the Customer purchases a product during a period when no promotion is in force, the Customer will also not be eligible for a discount afterwards..
Article 5 – Liability
5.1 ICONIC BV shall not be liable for indirect or consequential damages, such as loss of profits, loss of sales, loss of expected savings, reduction of assets and other similar financial losses, as well as loss of goodwill or good name or reputation.
5.2 ICONIC BV can in no way be held liable for damages resulting from the information as described in ICONIC BV’s products. ICONIC BV can thus not be held liable for the actions of Customers, followers and visitors of the website that they have performed as a result of reading the content and product of ICONIC BV. The Customer, followers and visitors to the Website are themselves responsible and liable for their actions.
5.3 To the extent ICONIC BV is liable, such liability shall be limited to a maximum of the price of the product.
Different arrangements apply for bookstores and brokers (business to business). Mail ICONIC BV for more information.
ANNEX 2 – SPECIFIC PROVISIONS REGARDING ONLINE COURSES
ICONIC BV also offers online courses and training. These services are also subject to the specific provisions below.
Article 1 – Establishment
The agreement between ICONIC BV and Customer is established by:
– – either the signing of a quotation/order confirmation by Customer and ICONIC BV (in the case of in-company processes);
– – either by completing a (digital) registration form;
– – either by a written confirmation from ICONIC BV to Customer following a (telephone) notification.
Article 2 – Cancellation of registrations
2.1 If unable to attend, a substitute may take the place of the registered Customer after consultation with ICONIC BV. Customer must notify ICONIC BV in writing in advance.
2.2 In the case of the online courses provided via the website in an online learning environment, cancellation is not possible. These courses of ICONIC BV are immediately downloadable/accessible after payment. The purchase of this course is therefore final, there is no right of withdrawal. Nor can this course be returned or exchanged.
Article 3 – Cancellation in case of in-company assignment
3.1 In case the Customer terminates his/her participation after the start of the course or otherwise does not participate in the course, the Customer is not entitled to any refund, full amount must be paid. Replacement after the start of the course is not allowed.
Article 4 – Cancellation ICONIC BV
4.1 ICONIC BV may cancel the course without giving any reason. The Customer will then be refunded the course fee already paid.
Article 5. Pricing
5.1 In an in-company process, the price is fixed in writing in advance.
5.2 The prices for courses in the offer on the website are subject to change. ICONIC BV has the right to change course prices with good reason.
Article 6. Billing
6.1 An invoice will be sent before the start of the course and must be paid before the start of the course, unless otherwise agreed in writing.
6.2 Invoicing with regard to the online courses via the online learning environment takes place immediately and is also paid immediately.
Article 7 – Copyright
7.1 The copyright on brochures, texts and course material published by ICONIC BV is vested in ICONIC BV, unless this copyright has been transferred by means of a licence form.
7.2 Without ICONIC BV’s express permission, Customer may not publish or reproduce in any way any data, in whole or in part, or extracts thereof. ICONIC BV holds the copyright to reports, proposals and other documents resulting from its work.
Article 8 – Liability
8.1 ICONIC BV provides courses and training to the best of its knowledge and belief. It accepts no liability for any adverse consequences that may arise as a result, subject to its responsibility to the law.
8.2 Customer shall indemnify ICONIC BV against third party claims as a result of any activity or act performed by or on behalf of Customer in relation to courses to which the agreement applies.
ANNEX 3 – SPECIFIC PROVISIONS REGARDING (LIVE) COURSES, MENTORSHIPS AND CONSULTATIONS
ICONIC BV also offers long-term mentorships, individual counselling (consultations). These services are also subject to the specific provisions below.
Article 1 –  Assignment execution
1.1 In entering into the agreement ICONIC BV enters into an obligation of effort. This means that ICONIC BV shall use its knowledge, experience and tools to the best of its understanding, honour and conscience in order to guide Participant as well as possible. However, ICONIC BV cannot guarantee that Customer achieves the desired result and/or is able to put what has been learned into practice. The latter depends in part on the commitment of Customer.
1.2 In order for the mentorships, live courses and consultations to be successful, 100% commitment is required from Customer. Customer shall therefore provide all cooperation to enable ICONIC BV to properly carry out the assignment. During a programme Customer shall comply with guidelines, instructions and directions of ICONIC BV or third parties engaged by it.
Article 2 – Pricing and other fees
2.1 The price quoted for the live course(s), mentorships and consultations is in euros, are exclusive of VAT, unless otherwise stated.
• In some cases, there are promotional prices. Action prices are only valid for a certain period while the action is running. These prices cannot be claimed before or after the specified period;
• ICONIC BV cannot be held liable for price indications that are obviously incorrect, for example as a result of obvious misprints. No rights may be derived from incorrect price information.
Article 3 – Payments
3.1 Payment can be made in (one of) the way(s) as indicated on the website or invoice. A customer’s registration may be subject to further (payment) conditions.
3.2 ICONIC BV applies a policy of prepayment for the (online) course, training, workshop, trajectories and live training. In the event of payment in instalments, payment in advance shall apply to at least the first instalment. Payment in instalments is per month a preset amount unless otherwise agreed.
Article 4 – Copyright
4.1 The copyright on brochures, texts and course material issued by ICONIC BV shall be vested in ICONIC BV, unless such copyright has been transferred by means of a licence form.
4.2 Without ICONIC BV’s express permission, Customer may not publish or reproduce in any way any data, in whole or in part, or extracts thereof. ICONIC BV holds the copyright to reports, proposals and other documents resulting from its work.
Article 5 – Aanmelding en annulering – Live cursussen en mentorships
5.1 Voor het deelnemen aan een programma is 100% commitment vereist en het organiseren van een programma vergt veel voorbereidingstijd. In het geval deelnemer voor de start van het programma besluit, niet meer deel te willen deelnemen of wanneer deelnemer tijdens de looptijd van een programma besluit het programma niet af te willen maken, heeft deelnemer om die reden geen recht op restitutie van (een deel van het) het factuurbedrag.
Artikel 6 – Registration and cancellation – Live courses and mentorships
6.1 Cancellation of consultations consisting of 1-to-1 counselling can only take place free of charge five working days before the relevant appointment, stating a reason.
6.2 For rescheduling appointments without reason or failing to appear (on time) for an appointment, ICONIC BV has the right to charge additional costs such as travel and accommodation costs.
Article 7 – Cancellation ICONIC BV
7.1 ICONIC BV may cancel live courses, mentorships and consultations without giving any reason. The Customer will then be refunded the course fees already paid.
Article 8 – Specific provisions cancellation in case of consumers
8.1 ICONIC BV’s programmes fall under leisure services for which a date or period is agreed. As a result, the legal right of dissolution for consumers does not apply. By registering for a programme, the Consumer waives the statutory right of dissolution and therefore has no cooling-off period after purchase.
8.2 The following different cancellation conditions apply to consumers:
• In case of cancellation before the start of a programme, fifty percent (50%) of the offer amount will be charged to the Consumer.
• Upon early termination of the programme, both the work performed by ICONIC BV and the costs incurred will be charged to the consumer. These include but are not limited to development and preparation time and accommodation costs. The consumer is always liable to pay the full amount in the event of interim termination.
Article 9 – Liability 
9.1 ICONIC BV shall not be liable for damage to property of Customer and third parties nor for other damage, including study or business stagnation. Customer indemnifies ICONIC BV against all claims from third parties. Nor is it medically responsible for any damage; physical, emotional or mental. Customer always arrives at his own responsibility.
Article 10 – Confidentiality
10.1 Information provided by Customers/Course participants shall be treated confidentially by ICONIC BV, its personnel and/or persons working for it. ICONIC BV complies with applicable privacy legislation.
Article 11 – Force majeure
10.2 In the event of force majeure ICONIC BV has the right, at its own discretion, to suspend execution of a customer’s registration or to dissolve the agreement without judicial intervention, by notifying the customer of this in writing and without ICONIC BV being obliged to pay any compensation, unless in the given circumstances this would be unacceptable according to the standards of reasonableness and fairness.
10.3 In the event of force majeure ICONIC BV has the right, at its own discretion, to suspend the execution of the customer’s order or to dissolve the agreement without judicial intervention, by notifying the customer of this in writing and without ICONIC BV being obliged to pay any damages, unless in the given circumstances this would be unacceptable according to the standards of reasonableness and fairness.