General terms and conditions Kundalini Yoga Club
Contents
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Conditions of membership Kundalini Yoga Club
Article 7 - Cancellation
Article 8 - Obligations in case of cancellation
Article 9 - Customer obligations during the contemplation period
Article 10 - Exercise of the right of withdrawal by the customer and costs thereof
Article 11 - Obligations of the entrepreneur at withdrawal
Article 12 - Prices and payments
Article 13 - Compliance with agreement and implementation
Article 14 - Transferability
Article 15 - Force Majeure
Article 16 - Retention of title
Article 17 - Liability
Article 18 - Complaints
Article 19 - Disputes
Article 20 - Amendments to the General Conditions
Article 1 - Definitions
In these general terms and conditions, the following terms are used in the following sense, unless explicitly stated otherwise:
1. Grace period: The period within which the customer can make use of his right of withdrawal;
2. Customer: the person who enters into an agreement with the entrepreneur
3. Day: calendar day;
4. Digital content: data produced and delivered in digital form;
5. Door-to-door contract: a contract for the regular supply of goods, services and/or digital content for a certain period of time;
6. Durable data carrier: every tool - including e-mail - that enables the client or entrepreneur to store information that is addressed to him personally, in a way that allows for future consultation or use during a period that is geared to the purpose for which the information is intended, and which allows for the unaltered reproduction of the stored information;
7. Right of withdrawal: the possibility of the customer to waive the distance contract within the cooling-off period;
8. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to customers from a distance;
9. Distance contract: an agreement that is concluded between the entrepreneur and the customer in the context of an organized system for distance selling of products, digital content and / or services, whereby to the conclusion of the agreement exclusive or partial use is made of one or more means of distance communication;
10. Technique for distance communication: means that can be used for the conclusion of an agreement, without the customer and entrepreneur having to come together in the same room at the same time.
Article 2 - Identity of the entrepreneur
Gian Institute (including Guru Gian and Kundalini Yoga Club)
Achterweg 9
1873 HE Groet
Chamber of Commerce: 34342492
Article 3 - Applicability
1. These general conditions apply to any offer from the entrepreneur and any agreement reached at a distance between entrepreneur and customer.
2. Before the remote agreement is concluded, the text of these general conditions will be made available to the customer. If this is not reasonably possible, the entrepreneur will indicate, before the remote agreement is concluded, how the general conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the customer's request.
3. If the distance contract is concluded electronically, then, 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 customer electronically in such a way that it can be easily stored by the customer on a durable data carrier. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that, at the customer's request, they will be sent electronically or otherwise free of charge.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply by analogy and, in the event of conflicting conditions, the customer may always invoke the applicable provision that is the most favourable to him.
Article 4 - The offer
1. If an offer has a limited period of validity or is made 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 customer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true reflection of the products, services and / or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the customer what rights and obligations are attached to accepting the offer.
Article 5 - The agreement
1. The agreement comes into effect, subject to the provisions of paragraph 4, at the time of acceptance by the customer of the offer and the fulfilment of the conditions set therein.
2. If the customer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the customer may dissolve the agreement.
3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and will ensure a secure web environment. If the Customer can pay electronically, the Entrepreneur will observe appropriate security measures.
4. The entrepreneur may - within legal frameworks - inform whether the customer can fulfill 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 entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
5. The entrepreneur will, at the latest upon delivery of the product, service or digital content to the customer, the following information in writing or in such a way that the customer in an accessible manner can be stored on a durable medium, send:
a. The conditions under which and the way in which the Customer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
b. The price including all taxes of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;
c. The requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
d. If the customer has a right of withdrawal, the model form for withdrawal.
6. In case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
7. The entrepreneur has the right to dissolve the agreement for the consultation, training, course, workshop or lecture or to refuse participation of a participant, in which cases the customer is entitled to a refund of the amount paid to the Gian Institute (Guru Gian or Kundalini Yoga Club).
Article 6 - Conditions of membership Kundalini Yoga Club
1. Customer's membership in the Kundalini Yoga Club will continue until cancelled. If Customer wishes to use the community, Customer must have internet access and a compatible device and also provide a recent, valid, accepted payment method.
2. Customer authorizes us to debit the membership fee for the upcoming period through the selected Payment Method unless Customer cancels the membership before the new billing date.
3. We reserve the right to revoke customer's membership and block the account if we determine that improper behavior has occurred. This is subject to one warning. If this happens, there will be no refund of membership fees incurred.
4. Subscriptions will be automatically renewed until customer indicates to discontinue the subscription.
5. Customer can cancel the membership of the Kundalini Yoga Club at any time. After the Customer has cancelled, the Customer will retain access to the Community until the end of the billing period. To the extent permitted under applicable law, payments are non-refundable and we do not offer refunds or credits for partial membership periods or for content that has not been viewed.
6. Customer may cancel membership, by sending a message to either 'Support' in the Kundalini Yoga Club. Or by sending an email to one of the contact persons of the Kundalini Yoga Club. After cancellation the Customer will receive a confirmation with the end date mentioned.
7. All content made available in the Community is exclusively intended for personal and therefore non-commercial use. During membership, we grant the customer a limited, non-exclusive, non-transferable license to use the services within the community and to view content. Thus, with the exception of the aforementioned limited license, no right, title or interest is transferred to customer. Customer agrees not to use the service for public displays.
8. Customer agrees not to archive, reproduce, distribute, modify, display, perform, publish, license, offer for sale, use, or create derivative works of any content and information contained in or obtained from or through the community. Customer also agrees not to circumvent, remove, modify, deactivate, limit or interfere with content protection. In addition, Customer agrees not to upload, post, email or otherwise transmit or transfer any material that is designed to interrupt, disable or limit the functionality of any computer software or hardware or telecommunications equipment, including software viruses or other computer code, files or programs. We may terminate or limit the use of our service if customer violates these Terms of Use or uses the service in an illegal or fraudulent manner. We may also file a report.
9. We send customer account information (such as payment authorizations, invoices, password changes, payment method changes, confirmation messages, and notices) only in electronic form, for example, via e-mail to the e-mail address customer provided during registration.
Article 7 - Cancellation
1. For physical products
a. The customer can cancel an agreement related to the purchase of a product during a reflection period of 14 days without giving any reason. The entrepreneur may ask the customer for the reason of withdrawal, but may not oblige him to give his reason(s).
b. The cooling off period mentioned in paragraph 1 starts on the day after the client, or a third party appointed by the client in advance, who is not the carrier, has received the product, or:
i. if the customer has ordered multiple products in the same order: the day on which the customer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the customer of this prior to the ordering process, refuse an order for multiple products with a different delivery time.
ii. if the delivery of a product consists of multiple shipments or parts: the day on which the customer, or a third party designated by him, has received the last shipment or the last part;
iii. in case of agreements for regular delivery of products during a certain period: the day on which the customer, or a third party designated by him, has received the first product.
c. Revocation of the Greenbooster is only possible for still sealed copies.
2. With digital products
a. It is not possible to exchange and/or return purchased digital products, including online training and courses such as 'Green Diet', 'Kundalini Yoga 1.0: Introduction Course', 'Mantra as Medicine', 'Introduction to Tantra' 'Kundalini Kids Yoga' and 'NineMinMax Business Yoga'. By ordering and paying for the digital products, Customer gains immediate access to its purchase. Thereby Customer explicitly agrees that he thereby waives the right to make use of the reflection period and the right to revoke the agreement.
3. Upon membership Kundalini Yoga Club:
a. The Customer may dissolve an agreement relating to the purchase of membership during a reflection period of up to 14 days without providing reasons. The entrepreneur may ask the customer about the reason for withdrawal, but may not require the customer to provide his/her reason(s).
b. The cooling-off period mentioned in paragraph 1 starts on the day after the customer, or a third party designated by the customer in advance, who is not the carrier, has received the product. The access customer receives by email immediately after registration.
c. The cooling-off period mentioned in paragraphs 1 and 2 starts on the day following the conclusion of the agreement.
d. Termination of membership can be done at any time. The current month will be completed before the subscription is closed. If there is a quarterly or annual subscription, the remaining amount will not be refunded.
4. In the case of a physical workshop:
a. The customer may cancel a registration for a workshop up to a maximum of 14 days after registration without giving reasons. The entrepreneur may ask the customer about the reason for the cancellation, but may not oblige the customer to give his reason(s). For cancellations after 14 days, but within 7 days before the meeting, 50% of the fee will be charged. For cancellations within 2 days before the meeting, 75% of the rate will be charged.
5. In the case of a training course or retreat:
a. The client can cancel a registration without giving reasons up to 14 days after registration. The entrepreneur may ask the client for the reason of withdrawal, but may not oblige the client to give his reason(s). For cancellations after 14 days but within 14 days before the start date, 25% of the fee will be charged. If cancelled within 14 days before the start date, 50% of the rate will be charged. If cancelled within 7 days before the start date, 75% of the rate will be charged.
b. If the course is stopped prematurely, 75% of the rate will be charged plus costs incurred by the entrepreneur. Even if the client has chosen to pay in instalments.
6. In case of coaching:
a. An appointment for a consultation can be cancelled by the client without explanation up to 48 hours before the consultation starts. The entrepreneur may ask the client about the reason for the cancellation, but he is not obliged to give his reason(s).
The entrepreneur may ask the client about the reason for the cancellation, but may not oblige the client to give his reason(s). For cancellations within 48 hours prior to the consultation, 50% of the applicable rate will be charged.
b. When stopping a course prematurely, 75% of the rate will be charged plus costs incurred by the entrepreneur. Even if the client has chosen to pay in installments.
Article 8 - Obligations in case of cancellation
1. Customer will not distribute the information provided to him to third parties. See also Article 15 on retention of title.
2. If the customer makes use of the cooling-off period, he will report this in time within the maximum number of days by means of a written statement or in another unequivocal manner to the entrepreneur.
3. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the customer.
4. If the customer makes use of cancellation, all supplementary agreements will be dissolved by operation of law.
5. If the entrepreneur enables the notification of cancellation by the customer in an electronic manner, he will send an acknowledgement of receipt of this notification without delay.
6. The entrepreneur will use the same means of payment that the customer has used for repayment, unless the customer agrees to a different method. The refund is free of charge for the customer.
Article 9 - Obligations of the customer during the reflection period
1. During the cooling-off period the client will treat the product and its packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point here is that the customer may only handle and inspect the product as he would be allowed to do in a store.
2. The customer is only liable for depreciation in the value of the product resulting from a manner of handling the product that goes beyond what is permitted in paragraph 1.
3. The customer is not liable for diminished value of the product if the entrepreneur did not provide him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 10 - Exercise of the right of withdrawal by the customer and costs thereof
1. If the customer exercises his right of withdrawal, he shall report this to the entrepreneur within the cooling-off period by means of the model form for withdrawal or in another unequivocal manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the customer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The customer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
3. The customer shall return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the customer.
5. The customer bears the direct costs of returning the product.
6. If the customer exercises his right of withdrawal, all supplementary agreements shall be dissolved by operation of law.
Article 11 - Obligations of the entrepreneur in case of withdrawal
1. If the entrepreneur makes the notification of withdrawal by the customer possible electronically, he will send an acknowledgement of receipt without delay after receiving this notification.
2. The entrepreneur shall reimburse all payments of the customer, without delay but within 14 days following the day on which the customer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with repayment until he has received the product or until the customer proves that he has returned the product, whichever comes first.
3. The entrepreneur shall use the same means of payment that the customer has used for repayment, unless the customer agrees to a different method. The refund is free of charge for the customer.
Article 12 - Prices and payments
1. The prices for all products, online trainings, courses, workshops, retreats, memberships and other services are listed on the website of Guru Gian and/or the Kundalini Yoga Club and include VAT unless otherwise stated.
2. The costs for coaching trajectories are customized and will not be increased during the trajectory.
3. The amounts due by the customer for online training, workshops, retreats, courses and memberships must be paid in full immediately upon registration through the website via Ideal, direct debit or credit card. Clients who are not able to pay in this way must register by email and then receive an invoice with which they must transfer the amount due to IBAN NL90ASNB0706772873 in the name of Gian Institute stating the invoice number. Registration is only a fact after full payment has been received.
4. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the client must be paid within 14 days of the invoice date but before the start date.
5. The customer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
6. If the client does not meet his payment obligation(s) on time, he will be reminded of this a maximum of two times by the entrepreneur via a written payment reminder. After the first reminder, the entrepreneur will give the client a period of 7 days to meet his payment obligations. If payment is not made within this 7-day period, a second written payment reminder will be sent and the client will be charged an administrative fee of €25 in addition to the amount still due. If payment is still not made after the 2nd reminder, the entrepreneur has the right to charge extrajudicial collection costs including the statutory interest on the amount due. The entrepreneur also retains the right to suspend the client's participation.
Article 13 - Fulfilment of agreement and execution
1. The entrepreneur guarantees that the products and / or services meet the agreement, the specifications listed in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
2. The entrepreneur will take the greatest possible care when receiving and assessing applications for the provision of services.
3. As place of delivery, dates and duration of services applies what is mentioned on the website of Guru Gian/Kundalini Yoga Club or as mentioned in the information received by the client.
Article 14 - Transferability
1. The client is not permitted to transfer or assign the rights and obligations under the contract or parts thereof to third parties without the prior written consent of the entrepreneur.
Article 15 - Force majeure
1. In the event of force majeure, the entrepreneur has the right to interrupt, move or cancel his activities. Force majeure applies, among other things, if the execution of the contract is, temporarily or permanently, prevented by circumstances beyond the reasonable control of the entrepreneur, such as illness, accidents or fire, or if legal measures are imposed in the event of a crisis, such as corona.
2. If a situation as described in the first paragraph of this article arises, the obligations of the entrepreneur towards the client are suspended as long as the client is unable to fulfill his obligations. If this situation has lasted longer than 180 calendar days, both parties have the right to dissolve the Agreement in writing.
Article 16 - Retention of title
1. All material reinforced by the entrepreneur is and remains the property of the entrepreneur. Even after the agreement has come to an end.
2. The client must treat the information and materials provided to him as confidential and only use them for personal purposes. If he wants to use it for commercial purposes, he must request written permission from Gian Institute.
3. It is not permitted to reproduce, distribute, modify, display, perform, publish any information and materials provided unless written permission is obtained from the Gian Institute (Guru Gian or Kundalini Yoga Club).
Article 17 - Responsibility
1. Under all circumstances, the Customer is responsible for how they handle the information received during consultations, workshops, retreats or trainings. The Gian Institute (Guru Gian or Kundalini Yoga Club) is not responsible and / or liable for the choices and actions of the Customer as a result of the services and / or products provided by the Gian Institute (Guru Gian or Kundalini Yoga Club).
2. The Entrepreneur will perform his work to the best of his ability and knowledge, exercising the care that may be expected of the Entrepreneur. For each assignment accepted by the entrepreneur, there is an obligation to perform to the best of one's abilities. The entrepreneur can never be held liable for any results not achieved.
3. If an error is made because the client has provided incorrect or incomplete information to the entrepreneur, the entrepreneur is not liable for the resulting damage.
4. In the event that the entrepreneur is in default of fulfilling his obligations under the contract, he shall only be liable for any damage resulting from this if and insofar as he can be blamed for gross negligence or recklessness.
5. Without prejudice to the provisions of the previous paragraphs, the contractual and statutory liability of the Company is at all times limited to the amount that applies in consideration for the assignment.
6. The Client indemnifies the Company against all claims which third parties assert or exercise against the Company for compensation of damage incurred, costs incurred, loss of profit and other expenses which are in any way related to and/or result from the execution of the Contract by the Company.
7. A consultation, workshop, retreat or all other session forms can never be seen as a replacement for regular medicine on both a physical and psychological level.
Article 18 - Complaints procedure
1. Complaints about the implementation of the agreement must be fully and clearly described and submitted to the entrepreneur within 30 days after the customer has found the defects.
2. Complaints submitted to the entrepreneur will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication of when the customer can expect a more detailed answer.
3. The customer must give the entrepreneur at least 4 weeks time to resolve the complaint in mutual agreement. After this period a dispute arises that is subject to the dispute resolution procedure.
Article 19 - Disputes
1. On agreements between the entrepreneur and the client to which these general conditions relate, only Dutch law applies. Even if the client lives or is established abroad. The judge in the place of residence of client is exclusively authorized to take note of disputes, unless provisions of mandatory law dictate otherwise.
Article 20 - Amendments to the General Terms and Conditions
1. Entrepreneur is authorized at all times to make changes to these General Terms and Conditions.