General terms & conditions

Article 1: Parties

1. DEBs WAY Voeding en Welzijn: DEBs WAY, registered with the Dutch Chamber of Commerce under number 98051601, established in Leiden at Uhlenbeckkade 23 (2313 EH) Leiden, user of these general terms and conditions.
2. Further details of DEBs WAY: Website: www.debsway.com — Email: info@debsway.com — VAT identification number: NL005306552B25.
3. The Client: the (prospective) recipient of services offered by DEBs WAY.
4. User: the natural person who makes use of the online environment / platform of DEBs WAY.
5. Agreement: any agreement concluded between DEBs WAY and the Client and/or User, under which DEBs WAY has committed itself towards the Client and/or User, against a price to be agreed, to provide services.
6. Distance Agreement: the Agreement referred to in the previous paragraph concluded between DEBs WAY and the Client and/or User within the framework of a system organised by DEBs WAY for distance selling of services, without the simultaneous personal presence of DEBs WAY and the Client and/or User, and whereby, up to and including the conclusion of the Agreement, exclusive use is made of one or more means of distance communication. A Distance Agreement exists in any event where the Agreement between DEBs WAY and the Client and/or User is concluded by means of a webshop of DEBs WAY.
7. Membership: the Agreement referred to in paragraph 5 whereby the parties have committed themselves to each other, for a fixed or indefinite period, to continuous, recurring or successive performances, such as in the case of a continuing performance agreement relating to coaching.
8. Services: all services to be provided by or on behalf of DEBs WAY within the framework of the Agreement, such as but not limited to lifestyle counselling, nutritional advice, dietary advice, menopause coaching and related services.

Article 2: Applicability of the General Terms and Conditions

1. DEBs WAY declares these general terms and conditions applicable to every offer made by DEBs WAY and to any agreements arising or not arising therefrom which the parties have entered into with each other. Insofar as the content thereof has not been amended, these general terms and conditions shall also apply to future contractual relationships between the parties. These general terms and conditions must be read in conjunction with DEBs WAY’s privacy statement, as published at www.debsway.com. Personal data, including special categories of personal data such as health data, are processed in accordance with that privacy statement and the applicable provisions of the General Data Protection Regulation (GDPR).
2. Deviations from these terms and conditions shall only apply insofar as they have been expressly agreed in writing by the parties.
3. The Client’s general (purchasing) terms and conditions are expressly rejected.
4. Third parties engaged by DEBs WAY in the performance of the agreement may likewise invoke these general terms and conditions.
5. If one or more (part(s) of) the provisions of these general terms and conditions are null and void, or are annulled, for example because they conflict with mandatory law, the remaining provisions, or the remaining part of the provision in question, of these general terms and conditions shall remain applicable. The parties shall then consult with each other to agree new rules to replace the null and void or annulled provisions, in which the purpose and intent of the null and void or annulled (part of the) provisions shall be reflected as much as possible.

Article 3: Offer and Conclusion of Agreement

1. Every offer, whether in the form of an online form or otherwise, is entirely and unconditionally without obligation and revocable, and has a validity period of 30 days, unless otherwise indicated in writing by DEBs WAY.
2. The prices stated on the website or in any other form of offer are in Euros and inclusive of VAT and subject to levies, surcharges and other factors, unless otherwise agreed.
3. If an assignment is given by multiple Clients, all Clients are jointly and severally bound to the agreement. If DEBs WAY accepts the assignment together with multiple contractors, each contractor is responsible for its own conduct. Article 7:407 paragraph 2 of the Dutch Civil Code is excluded.
4. Every offer may be accepted only once and therefore does not apply to a later assignment, unless otherwise determined.
5. Obvious clerical errors and inadvertent mistakes in the offer are not binding on DEBs WAY.
6. All statements by DEBs WAY as to scope, type and other specifications of services to be delivered are indications only. A minor deviation therefrom in what is delivered does not constitute a shortcoming in the performance of the agreement on the part of DEBs WAY.
7. The agreement is concluded once the Client has completed and signed and/or sent the form drawn up by DEBs WAY (the offer), and DEBs WAY has confirmed this in writing, or DEBs WAY, or a third party on its behalf, has begun performance of the assignment. In the case of a Distance Agreement, DEBs WAY shall confirm that Agreement to the Client by email as soon as possible after its conclusion.

Article 4: Performance of the Agreement: General

1. DEBs WAY looks after the interests of the Client within the limits of the assignment provided. DEBs WAY shall perform the agreement to the best of its insight and ability and in accordance with the requirements of good workmanship. The Client acknowledges that DEBs WAY has professional freedom in performing the agreement insofar as no specific characteristics, functions or wishes of the Client have been laid down in the main agreement/quotation. All services of DEBs WAY are performed on the basis of a best-efforts obligation, unless and insofar as DEBs WAY has expressly promised a result in the written agreement and that result has also been described with sufficient specificity. DEBs WAY has the right to carry out, at its own technical and creative discretion, anything not expressly described in the assignment. The fee payable is therefore in no way dependent on the outcome of the assignment or the result.
2. DEBs WAY shall endeavour to perform the agreement within the indicated/estimated period. This period is not a strict deadline, as a result of which the Client must always first give DEBs WAY notice of default, allowing a generous and reasonable period of 30 days, before being able to resort to any remedy.
3. The Client shall give DEBs WAY the opportunity to carry out the assignment. The Client undertakes to provide the necessary cooperation for the performance of the agreement by DEBs WAY.
4. DEBs WAY is free to have the assignment carried out by third parties. Art. 7:404 of the Dutch Civil Code is expressly excluded from the agreement.
5. The Client and/or User is not permitted, without the written consent of DEBs WAY, to pass on or make available to third parties the services delivered by DEBs WAY, among other reasons because they are person-specific. The Client and/or User, even where consent has been given, indemnifies DEBs WAY against all third-party claims for liability arising from a defect in the services delivered by DEBs WAY to the Client and/or User and which the Client and/or User has passed on to a third party.
6. Provision of services takes place only after the agreement has been concluded.
7. The Client warrants that digitally supplied material is safe and contains no viruses or other harmful content that could in any way cause damage to the computer systems or computer programs of DEBs WAY and/or third parties.
8. The Client is not entitled, without consultation with or the consent of DEBs WAY, to also have the agreed work carried out by a third party. Art. 7:407 of the Dutch Civil Code is expressly excluded from the agreement.
9. The Client accepts that the timing of the assignment may be affected if the parties decide, in the interim, to change the approach, method or scope of the assignment and the resulting work. Where interim changes arise on the part of the Client in the performance of the assignment, DEBs WAY shall make the necessary adjustments on the Client’s instructions. If this results in additional work, DEBs WAY shall charge this to the Client as a supplementary assignment. DEBs WAY may charge the Client the extra costs of changing the assignment, unless the change or addition results from circumstances attributable to DEBs WAY. The latter situation does not lead to a reduction of the principal sum(s).
10. The Client is obliged to inform DEBs WAY without delay of facts and circumstances, in particular regarding their health, that may be relevant in connection with the performance of the assignment.
11. The Client has a 14-day cooling-off period after concluding a Distance Agreement, unless the Client has waived the right of withdrawal. Within this period you may withdraw without giving reasons by sending an email to info@debsway.com.
12. The cooling-off period referred to in the previous paragraph begins on the day after the agreement is concluded.
13. The responsibility and the burden of proof for correct and timely withdrawal lies with the Client.
14. If the Client has already made a payment, DEBs WAY shall refund the relevant amount as soon as possible, but at the latest within thirty (30) days, using the same payment method as that used for the original transaction, unless expressly agreed otherwise.

Article 5: Additional Provisions Regarding the Online Environment / Platform

1. Insofar as an online environment / platform is used within the framework of a Membership, the provisions of this article apply.
2. The Client and/or User shall not (attempt to) hack the platform and/or set up websites purporting to be part of DEBs WAY. The Client and/or User is not entitled to reproduce, copy, duplicate or resell (parts of) the platform without the consent of DEBs WAY.
3. DEBs WAY reserves the right to temporarily take out of service all services, such as servers or the platform, for the purposes of maintenance, adjustment or improvement of DEBs WAY’s computer systems. DEBs WAY shall carry out such suspension of service outside office hours as much as possible. DEBs WAY shall never be liable for any damages towards the Client and/or User on account of such suspension of service.
4. DEBs WAY endeavours to publish the services in the best possible quality and to keep them active throughout the entire agreed period. DEBs WAY does not, however, guarantee the continuous quality and quantity of the services. DEBs WAY is not in any way liable for any damage arising from the (temporary) unavailability (in full) of the services. DEBs WAY therefore gives no guarantee regarding the availability of the services.
5. At some point after delivery it may become apparent that the services are no longer displayed or no longer function fully optimally due to external circumstances, such as, for example, where the network operator no longer supports the service, DEBs WAY’s supplier goes bankrupt, or the template or plug-in used is no longer developed/supported. The Client shall indemnify DEBs WAY for this.
6. Unless otherwise agreed, DEBs WAY is entitled to apply technical measures to protect equipment, software or data files. These measures may entail a limitation for the Client and/or User in the content or duration of use. The Client and/or User shall not remove or circumvent these measures.
7. For continuing services, DEBs WAY shall regularly release updates in connection with the maintenance or optimisation of the services. DEBs WAY does not require the consent of the Client and/or User for this. Updates may involve changes to functionalities. The provisions of this agreement and these general terms and conditions also apply to the new version.
8. Unless otherwise agreed, DEBs WAY is never obliged to make and maintain back-ups for the benefit of the Client and/or User. Any back-ups made shall in any event be destroyed after termination of the agreement, unless a statutory obligation provides otherwise.
9. Unless otherwise agreed, the Client and/or User is itself responsible for maintaining adequate security.
10. Unless otherwise agreed, the Client and/or User is itself responsible for the management, such as checking the settings, of the services purchased. Unless otherwise agreed, the Client and/or User is also itself responsible for the configuration and continuity of the hardware required for DEBs WAY’s provision of services.
11. The Client and/or User warrants that digitally supplied material is safe and contains no viruses or other harmful content that could in any way cause damage to the computer systems or computer programs of DEBs WAY and/or third parties.
12. DEBs WAY reserves the right to change the layout of the platform (including search options, etc.) at any time and at its own discretion, without the Client and/or User being entitled to any (damages) compensation.

Article 6: Obligations of the Client

1. The Client shall give DEBs WAY the opportunity to carry out the assignment. The Client undertakes to provide the necessary cooperation for the performance of the agreement by DEBs WAY. This includes, among other things:
a) ensuring that DEBs WAY can timely dispose of the data to be provided for the assignment, including information on any physical limitations, allergies or medication use of the Client and other particulars and information that may be relevant to DEBs WAY’s performance of the agreement with respect to the Client;
b) improper conduct by the Client gives DEBs WAY the right to terminate the provision of services to the Client with immediate effect, without the Client thereby being entitled to any right to compensation or reimbursement of amounts paid.
2. Where the obligations in paragraph 1 are not fulfilled (in time), the Client must inform DEBs WAY of this in a timely manner. DEBs WAY is entitled to charge the Client the additional costs involved, such as travel and/or wage costs or other delay-related damage, as a result thereof. DEBs WAY is then never obliged to compensate the Client for damage resulting from delay in (the) delivery.
3. If the data provided by the Client prove to be incorrect or inaccurate, DEBs WAY has the right to charge the costs thereby incurred.
4. The Client shall ensure that all data which DEBs WAY indicates are necessary, or which the Client should reasonably understand to be necessary for the performance of the agreement, are provided to DEBs WAY in a timely manner. The Client itself bears the risk of correct and timely delivery of the required figures and/or other information. If the required data have not been provided to DEBs WAY in a timely manner, DEBs WAY has the right to suspend performance of the agreement and/or to charge the Client the extra costs resulting from the delay in accordance with its usual rates.
5. Before a Membership relating to training or nutrition programmes is entered into, DEBs WAY shall make available to the Client an intake form, including a risk analysis, to be completed by the Client. The Client warrants that it will complete this form fully and truthfully and that the completed form will be made available to DEBs WAY as soon as possible as required for the performance of the Membership. DEBs WAY is entitled not to enter into, or to dissolve, the Membership if, on the basis of the information obtained through the intake form, it considers that following the training or nutrition programme is irresponsible for the Client. Even where DEBs WAY, on the basis of the completed intake form, considers it responsible to allow the Client to take part in the training or nutrition programme, participation takes place at the Client’s own risk. It is at all times the Client’s own responsibility to assess, or to have a medical specialist assess, whether there are medical or other reasons why they would not be able to follow trainings or nutrition programmes, both when entering into the agreement and during the term of the Agreement.

Article 7: Warranty and Liability

1. The Client is only entitled to a warranty and/or remedy as a result of a shortcoming if this is expressly stated in the main agreement or these general terms and conditions. After the agreement has been performed by DEBs WAY, the Client must check the performance and/or delivery as soon as possible, but at the latest within 48 hours, for conformity as regards quantity and quality. Where the performance does not meet what could be expected on the basis of the agreement, taking into account the best-efforts obligation as described, among other places, in Article 4.1, and there is therefore a defect, the Client must inform DEBs WAY of this within 8 days of discovering the defect.
2. Following the provision of information referred to in the previous paragraph, DEBs WAY shall repair or replace the defect free of charge to a reasonable extent. Where neither of the two remedies described above is sufficient to effectively remedy the defect, the Client has the right to dissolve the agreement, whereby the Client bears the responsibility and costs for making available what was delivered. The foregoing applies without the Client being entitled to any compensation for damages.
3. DEBs WAY is not liable for damage resulting from malfunctions or defects in, and/or errors of, the persons involved in the performance of the assignment and/or software to be used by the Client.
4. Where the defect arose through a fault attributable to the Client, the Client informed DEBs WAY of the defect too late, the Client confirmed the completion of a phase, or the Client gave consent for the start of a next phase, every right to repair, replacement or any dissolution as described in this article lapses. The burden of proof regarding attribution of the fault lies with the Client.
5. Should DEBs WAY nonetheless be liable towards the Client and/or User, this liability is limited to the amount to which DEBs WAY’s professional or business liability insurance entitles it, but in any event (even if there is no insurance to which a claim can be made) up to the amount of any invoice amount from which the damage arose, increased by 15%.
6. Liability of DEBs WAY does not, save in the case of intent or conscious recklessness, extend to consequential damage, indirect damage, non-material damage, delay-related damage, property damage, diminished goodwill, lost turnover and/or profit, etc.
7. The Client indemnifies DEBs WAY, in and out of court, against all third-party claims relating to the work performed by DEBs WAY as a result of which that third party may have suffered damage, regardless of the cause or the time at which that damage was suffered.
8. Any damage, other than the defects described above, must, on pain of forfeiture of the claim, be reported to DEBs WAY within 12 months. If the Client suffers damage, this must be reported to DEBs WAY immediately. The Client is obliged to do everything reasonable to limit such damage as much as possible.
9. The existence of a defect does not suspend the Client’s payment obligation.
10. DEBs WAY is expressly not ultimately responsible for the work carried out by DEBs WAY. The Client is therefore at all times obliged to check DEBs WAY’s work itself. DEBs WAY’s work is purely in support of the Client. The Client therefore at all times remains (ultimately) responsible itself.
11. DEBs WAY is not liable for damage resulting from incorrect, injudicious or abnormal use of advice. DEBs WAY is not liable for the manner in which the Client carries out or applies the advice given in practice. No rights can be derived from the advice.
12. DEBs WAY is a certified weight consultant and menopause consultant and has a scientific background in nutrition and food technology. The advice, however, is not medical advice and does not replace medical treatment or supervision by a physician.
13. If DEBs WAY’s services are based on data received from the Client, DEBs WAY does not warrant the accuracy of the data used. DEBs WAY’s services relate to a snapshot in time, so the outcome of the service delivered may vary in the meantime. DEBs WAY’s services are only an indication and the Client is expected to check the service at its own expense and risk. Unless otherwise agreed, no guarantees can be given as to the outcome of the services.
14. DEBs WAY gives no guarantees or undertakings regarding any result to be achieved by the User, such as a particular condition and/or (target) weight or other measurable outcomes. The User is at all times responsible for their own nutritional and health situation. In addition, the User is itself responsible for carrying out the advice and assessing whether this advice is suitable, and must itself determine whether this advice fits their (health) situation. DEBs WAY is not liable for injuries sustained before, during or after use of DEBs WAY’s services.
15. DEBs WAY gives advice only on the basis of the information it has received from the Client and/or User.
16. The Client and/or User declares that they are aware that engaging in sport may involve risks, and that use of DEBs WAY’s services and/or facilities is entirely at the Client’s own risk and responsibility.

Article 8: Force Majeure

1. Force majeure means, in addition to what is understood by this in law and case law, all causes originating from outside, foreseen or unforeseen, over which DEBs WAY cannot exercise influence. This shall include, among other things, strikes, traffic disruptions, unforeseeable stagnation, disruptions in the supply of energy and/or software, transport difficulties, fire, loss of or damage during transport, epidemics, pandemics, illness and government measures.
2. During force majeure, DEBs WAY’s obligations are suspended. If performance is impossible for longer than one month due to force majeure, or there are other circumstances such that DEBs WAY cannot reasonably be expected to fulfil its obligations, DEBs WAY is entitled, by notice to the Client and without judicial intervention, to dissolve the agreement in whole or in part, without any obligation to pay compensation arising in that case.
3. If, at the time force majeure occurs, DEBs WAY has already partially fulfilled its obligations, it is entitled to invoice the part already delivered or performed separately, or, in the case of advance payments, to partially credit these.

Article 9: Cancellation, Rescheduling and Absence

1. Cancellation of a one-on-one training or coaching session is not possible within 24 hours prior to the commencement of the training if the Client acts in the exercise of a profession or business. If the Client does not act in the exercise of a profession or business, the training or session may be cancelled free of charge up to 24 hours before commencement.

2. A training or session scheduled between the parties relating to group training or group coaching may be cancelled free of charge by the Client up to 8 hours before its commencement.

3. If the Client does not cancel in a timely manner or in the event of a no-show, DEBs WAY is entitled to charge for the reserved training or session, or to forfeit the credit for that training or session, unless there is force majeure on the part of the Client.

4. Cancellation must be made in writing via the Client’s account in the online environment / platform made available by DEBs WAY, or in another manner designated by DEBs WAY.

Article 10: Duration and (Interim) Termination of the Agreement

1. Art. 7:408 of the Dutch Civil Code is, with respect to the Client acting in the exercise of a profession or business, expressly excluded from the agreement, as a result of which assignments cannot be terminated by notice. Where the Client does not act in the exercise of a profession or business, the statutory rules on termination apply, whereby account shall be taken of the reasonable fee and expenses.
2. DEBs WAY is at all times entitled to terminate the continuing performance agreement(s) in the interim, with immediate effect, without being obliged to pay any (damages) compensation.
3. After the expiry of the initial (agreed) period, the Membership continues automatically for an indefinite period, unless otherwise agreed after the expiry of that initial period.
4. If a membership has been expressly entered into for a fixed period with automatic termination, the membership ends by operation of law upon expiry of that fixed period.
5. DEBs WAY has the right to dissolve the agreement with the Client with immediate effect for the future, by means of written notice and without (further) prior notice of default, if:
a) the Client ceases or otherwise liquidates its business operations in whole or in part and/or drastically changes its business activities or transfers them to a third party without prior written consent of DEBs WAY;
b) the Client is granted a suspension of payments (whether or not provisional) or is declared bankrupt, the Client submits a request for the application of a statutory debt restructuring scheme, or the Client is placed under guardianship or administration;
c) attachment is levied on a right belonging to the Client.
6. In the event of termination of the agreement, all payments owed by the Client to DEBs WAY are immediately and entirely due and payable.

Article 11: Prices and Payment

1. The offer was arrived at by mutual agreement. By concluding the agreement, the parties consider the prices reasonable and fair.
2. Unless otherwise agreed, the Client must have paid the entire sum in full immediately prior to performance.
3. Unless otherwise agreed, the Client must pay the amount owed in full within 14 days of receipt of the invoice by means of a bank transfer, such as via online banking.
4. Upon exceeding the agreed payment term, DEBs WAY is immediately entitled to charge the Client default interest of 1% of the principal sum per month, as well as an amount for extrajudicial collection costs. The latter costs amount to 15% of the principal sum owed, with a minimum of EUR 150 excluding VAT.
5. Without the express written consent of DEBs WAY, the Client is not permitted to apply set-off and/or suspension and/or withholding in respect of its payment obligations.
6. The agreed prices are based on the proposal or quotation. If, after acceptance of the proposal or quotation, price-increasing circumstances arise which fall outside the sphere of influence of DEBs WAY, such as wage increases, increases in any purchase prices, government measures (such as social security contributions, taxes, etc.), or a decrease in the value of the Euro or other currencies, DEBs WAY is entitled to adjust the agreed prices accordingly.
7. In the case of continuing performance agreements, DEBs WAY is entitled to increase the rates, for example by indexing them in accordance with the applicable CBS annual mutation. In any event, DEBs WAY is entitled, without the Client’s consent, to implement a price increase of a maximum of 3% once per year. If DEBs WAY wishes to implement a higher price increase, it shall observe a waiting period of 1 month, during which the Client has the right to dissolve the agreement in writing. In the absence thereof, the Client is deemed to have agreed to the price increase.

Article 12: Intellectual Property and Confidentiality

1. All rights to the material provided by DEBs WAY remain reserved to DEBs WAY. Nothing from the publication(s) may be reproduced, stored on a durable data carrier or in an automated data file, or made public, without the express prior written consent of DEBs WAY. It is not permitted to make any material available to third parties.
2. The Client is aware that the intellectual property relating to DEBs WAY’s provision of services belongs to DEBs WAY. The Client and/or User is not permitted, without the prior written consent of DEBs WAY, to reproduce, disclose and/or exploit any content or other work product, whether or not made public by DEBs WAY.
3. DEBs WAY reserves the rights and powers to which it is entitled under the Dutch Copyright Act and other intellectual property legislation and regulations. DEBs WAY has the right to also use, for other purposes, the knowledge gained on its part through the performance of an agreement, insofar as no strictly confidential information of the Client and/or User is thereby disclosed to third parties.
4. All parties are obliged to keep confidential any confidential information they have received in connection with the agreement, subject to any statutory obligations.
5. If the Client and/or User acts in breach of one of the four preceding paragraphs, the Client owes DEBs WAY an immediately due and payable penalty of EUR 10,000 per breach, without prejudice to DEBs WAY’s right to claim full compensation for damages.

Article 13: Amendments to the General Terms and Conditions

1. In the case of continuing performance agreements that end through the passage of time, DEBs WAY reserves the right to amend or supplement these general terms and conditions. Amendments shall also apply with respect to agreements already concluded, subject to a period of 30 days after publication of the amendment. Amendments of minor importance may be implemented at any time. If the Client does not wish to accept an amendment to these general terms and conditions, she must have made this known in writing before the date on which the new general terms and conditions take effect.

These general terms and conditions were last amended on 27 July 2026.

Article 14: Forum, Choice of Law and Transfer of Rights

1. DEBs WAY is entitled to transfer its rights and obligations under this agreement to a third party. The Client is not permitted, save with the written consent of DEBs WAY, to transfer its rights and obligations to a third party.
2. This agreement, and any other agreements concluded between the parties, is governed exclusively by Dutch law. Should an obligation arise between the parties in the future, other than one arising from an agreement, Dutch law shall likewise apply to that obligation.
3. In the event that a dispute arises from the agreement between the parties, the court with exclusive absolute jurisdiction is the court in the district in which DEBs WAY has its place of business. In the event that a dispute arises between the parties regarding non-contractual obligations, the court with exclusive absolute jurisdiction is likewise the court in the district in which DEBs WAY has its registered office.

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