Article 1 - Identity of the entrepreneur and definitions
1. Mona Buscemi, established in Hoofddorp, with the commercial activity of providing astrological consultations, reports and workshops, as well as the sale of astrologically oriented works of art to natural persons and legal entities. Registered at the Chamber of Commerce under number…, hereinafter referred to as “contractor”.
2. The other party, being a natural or legal person who uses the services of the contractor or purchases the goods offered by it, hereinafter referred to as “client”.
Hereinafter referred to as “parties”.
3. All agreements made between the parties about the services / goods offered are regarded as an agreement. These agreements are confirmed in writing by the contractor to the client after purchase and are set out in the general terms and conditions.
Article 2 - Applicability
1. These general terms and conditions apply to all quotations, agreements and delivery of services and / or goods as well as all related actions, both of a preparatory and executive nature.
2. Deviation from these terms and conditions is only possible if this has been expressly agreed in writing by the parties.
Article 3 - Purchase of services
1. Participation in workshops / courses is exclusively based on registration via the website of the contractor.
The registration will only become final after payment has been received and will be confirmed to the client by e-mail by the contractor.
2. Astrological consultations are scheduled in consultation with the client. If necessary, the date can be changed in consultation.
Article 4 - Payment
1. Astrological consultations must be paid no later than one week in advance within the period set by the contractor by bank transfer to the bank account number specified by the contractor. In advance, the contractor will issue an electronic invoice to the client.
Article 6 - Implementation of the agreement
1. The Contractor will execute the agreement to the best of its knowledge and belief. The Contractor has a best efforts obligation towards the performance of the agreement and can therefore not be held liable on the basis of an obligation to achieve results.
2. The client will ensure that all information, which the client indicates is necessary for the performance of the agreement, is provided to the contractor in a timely manner. If this information is not provided on time, the contractor reserves the right to suspend the agreement until the necessary information has been provided.
Delivery of goods??? Deadline ?? Right of withdrawal? With delivery within two weeks. When delivering products: When purchasing products, the client has the option to dissolve the agreement without giving reasons for a period of 14 days. This reflection period starts on the day after receipt of the product by the consumer.
If the consumer makes use of his right of withdrawal, the costs of return will not exceed the cost of the return.
Article 7 - Force majeure
1. In the event of force majeure, the contractor has the right to suspend the execution of the agreement without judicial intervention until a date determined in consultation with others or to consider the agreement dissolved.
2. Force majeure is understood to mean: any circumstance as a result of which compliance with the agreement can no longer reasonably be expected from the contractor by the client.
3. If the contractor has already partially fulfilled its obligation arising from an agreement in a situation of force majeure, the contractor is entitled to invoice the work already performed and the client is obliged to pay this invoice.
Article 8 - Cancellation of consultations
1. In the event of cancellation by the client of an astrological consultation within… weeks / days before the first agreed date,… percent of the costs will be charged as compensation for preparations already made.
2. If the client does not appear at a planned consultation, the full costs of the consultation will be charged and the client is obliged to pay these.
3. The Contractor reserves the right to reschedule or cancel agreements if it cannot properly execute the agreement.
Article 9 - Cancellation of other services
1. The cancellation by the client of participation in a workshop / course must be made by e-mail. The contractor confirms the cancellation to the client by e-mail.
2. Cancellation free of charge by the client is possible up to… weeks before the start of the service (calculated up to and including the day prior to the start of the service). Any participation fees already paid will be refunded in that case.
3. In case of cancellation at a later time…% of the participation costs are due, regardless of the reason for the cancellation.
4. Contractor reserves the right to cancel the workshop or course if there is insufficient participation. When the contractor cancels an activity, all prepaid participation costs will be refunded.
Article 10 - Liability
The contractor is not liable for direct or indirect damage suffered by the client as a result of actions or decisions taken as a result of a service. The client remains responsible at all times for the choices made.
Compensation to be paid by the client in the event of damage / destruction of materials etc. due to intent or gross negligence. ???
Article 11 - Confidentiality
1. The parties are obliged to maintain confidentiality with regard to everything discussed in the context of the service, unless the parties give permission to share this on, for example, social media or in a group in a course / workshop.
2. The duty of confidentiality continues after the termination of the agreement.
Article 12 - Copyright
Copyright applies to the services. It is not permitted in any way to pass on, hand over, sell to others or publicly share the workshop material issued in writing or orally offered.
Article 13 - Complaints procedure and handling disputes
1. In case of complaints about the services of the contractor, this is first of all discussed in an open conversation between the client and the contractor. Here the client is given ample opportunity to formulate the complaint clearly. The contractor undertakes to deal with the complaint as soon as possible, but no later than 4 weeks after submission of the complaint.
2. The basic principle is to resolve complaints amicably as much as possible. The intention of the conversations surrounding the complaints is to resolve the matter together, in which the interests of both the contractor and the client are respected. For complaints that cannot be resolved by mutual agreement, it is possible to register complaints via the European ODR platform ( http://ec.europa.eu/odr ).
3. Each agreement between the parties and its implementation is exclusively governed by Dutch law.