Article 1. General
- These general terms are applicable to all agreements concerning te delivery of goods and services from 2BeInBlance, hereinafter called the "Practitioner"
- The terms set out in these Terms and Conditions may only be waived if an explicit written agreement has been reached between all parties concerned.
- These terms and conditions include: Contractor: The Practitioner. Client: The natural or legal person who purchases goods or services from the practitioner.
- The applicability of any other terms and conditions from the Client are explicitly rejected.
- Where in these terms is spoken off "full treatment", this refers to the whole of treatments that are being conducted with the purpose of countering the original health complaints of the client's.
- If there is any ambiguity regarding the interpretation of one or more provisions of these terms and conditions or if a situation is not governed by these Terms and Conditions, then the explanation should be given "to the spirit" of these provisions.
- If the Practitioner does not always require strict compliance with these terms, this does not mean that its provisions do not apply or that the Practitioner would to some extent lose the right to require strict compliance with the terms of these conditions in other cases.
- If one or more provisions in these Terms and Conditions are at one time , partially or as a whole, redeemed invalid, than these terms and conditions shall remain fully applicable. The Practitioner and the Client will then consult to agree upon new provisions replacing the null or void provisions, while keeping in mind as much as possible the purpose and the scope of the original provisions.
Article 2. Conclusion of agreement
- The following is understood to mean that the client has made an oral or written appointment with the Practitioner for a single or full treatment / course / package / workshop.
- The Practitioner is entitled to suspend his duties if the Client does not, at his request, provide any guarantee for payment and other obligations arising from the agreement, without prejudice to the client's responsibility already paid by the Practitioner and the expenses incurred.
Article 3. Prices
- The client is deemed to know and agree to the rates used by the Practitioner. Payment must be made no later than 5 days before the 1st appointment. If this is not the case, the Practitioner is entitled to cancel the 1st appointment. Client receives an invoice at all times. Payment in installments is possible, then € 25, - per term will be added as the administration fee.
- The Practitioner is entitled to charge additional costs to the Client that occur due to changes in price as a result of increased labor and material costs, social security charges, government charges, exchange rates and further unforeseen circumstances as far as this can be considered reasonably, after coming to an agreement with the Client.
- Cancellation of participation in a course / workshop / event must be done in writing, stating valid reasons. In case of cancellation € 50, - administration / reservation fee will be charged. If canceled within 48 hours before the start of the course / workshop / event, the full amount will be charged.
- Cancellation of a coaching package must be done in writing, stating valid reasons. If canceled, 15% of the total amount will be charged for a coaching package. If canceled within 48 hours before commencement of a coaching package, the full amount will be charged.
- If the event that a course / workshop / package is terminated / canceled because of illness (with doctor's certificate), the full amount will be refunded after deduction of fixed costs and administration / reservation costs.
- When you decide to terminate the course / workshop / package / course after we have started, no money will be refunded.
- If you can not attend a session / class, you must let me know. If you are absent from the course three times without letting me know anything, or if you miss a session three times without telling me the reason, you loose the right to participate.
- If the coach / trainer needs to cancel a course / session (for example due to weather conditions, illness or force majeure) you will be given the opportunity to follow the course / session at a different time. Your payment will be transferred, no money will be returned.
- Complaints regarding invoices and invoice prices must be submitted in writing and must be received within eight days after the invoice date by the Practitioner, failing to do so complaints are no longer accepted and the Client is deemed to have accepted the contents of the invoice. The obligation to pay is not suspended by lodging a complaint.
- If the Client fails in the timely payment of an invoice, then the Client is is in error in default. The Client then owes an interest of 3% per month, unless the legal interest rate is higher, in which case the statutory interest is due. Interest on the payable amount will be calculated from the moment the Client is in default until the full amount due.
- If the client is in default or omission in the timely fulfillment of its obligations, then all reasonable costs incurred in obtaining satisfaction out of court will be charged to the Client. The extra judicial costs are calculated on the basis of what is common practice in Dutch debt collection practice, currently the calculation method according to Rapport Voorwerk II. However, if User has incurred higher costs that were reasonably necessary, the actual costs incurred for reimbursement will be eligible. Any legal and execution costs incurred will also be collected from the Client. The Client is also liable for the due collection fees.
When ordering goods, a reduction obligation applies to the Client of all ordered goods. Goods delivered by the Practitioner can not be returned or exchanged regardless of the state of the packaging.
Article 4. Liability
- The Practitioner will execute the agreement to the best of its ability and in accordance with the requirements of good workmanship. All this, on the basis of the known state of knowledge at that time.
- The Client shall ensure that all information that the Practitioner deems necessary (for example, pregnancy or potential pregnancy) or data of which the Client could reasonably understand to be necessary for the execution of the treatment, will be provided to the Practitioner. The Practitioner is not liable for any damage whatsoever due to the Practitioner assuming incorrect and / or incomplete data provided by or on behalf of the Client.
- The Practitioner is not liable for any unexpected adverse effects of the treatment, which was not sufficiently reasonable to assume that these side effects might occur before starting treatment.
- The Practitioner is also not liable for the absence of the intended effect during or after treatment.
- If the Practitioner is liable for any damage, the Practitioners liability is limited to a maximum of twice the invoice value of a single treatment. The liability of the Practitioner is in any case always limited to the amount of his insurer's benefit where applicable.
- The Practitioner is solely responsible for direct damage. Direct damage only means the reasonable costs for determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms, made possible reasonable costs for the defective performance of the Practitioner to make an agreement as far as they can be attributed to the Practitioner and reasonable costs incurred to prevent or limit damage, insofar as the Client shows that these costs have resulted in the limitation of direct damage as provided for in these Terms and Conditions. The Practitioner is never liable for indirect damages, including consequential loss, loss of profits, lost savings and damage due to company stagnation.
- The liability limitations contained in this article do not apply if the damage is due to the intentional or gross negligence of the Practitioner.
- If certain parts of the Agreement are fulfilled by third parties, the Practitioner shall not be liable for these parts and for the handling of these third parties.
Article 5. Applicable law and disputes
- These Terms and Conditions, as well as all matters covered by these terms and conditions, are governed by Dutch law.
- The parties will only appeal to the court after attempting to resolve a dispute by mutual agreement.
- The judge in the Practitioners place of business is solely authorized to hear disputes, unless otherwise required by law. Nevertheless, the Practioner has the right to submit the dispute to the competent court.
Article 6. Intellectual Property
- For all texts and images on this website: Copyright 2BeInBalance. Without a formal written and signed approval, the reproduction and use of all content on our website (s) is strictly prohibited. Any application for the use of content must be addressed in writing to 2BeInBalance.