Last revision made on august 12th, 2022 by Veronica Schwegman
General Terms and Conditions Vir Yoga Gong
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 exercise 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. Duration contract: a contract for the regular supply of goods, services and/or digital content for a specified period;
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 meet simultaneously in the same room.
Article 2 – Identity of the entrepreneur
1. Vir Yoga Gong
Article 3 – Applicability
1. These general conditions apply to every offer from the entrepreneur and to every distance contract reached 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 mutatis mutandis 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 in paragraph 4, at the time of acceptance by the customer of the offer and the fulfilment of the conditions set.
2. If the customer has accepted the offer electronically, the entrepreneur shall 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 can 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:
1. 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;
2. 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;
3. The requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
4. 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 without giving reasons 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 Vir Yoga Gong.
Article 6 – Cancellation
1. In case of a workshop:
1. In case of anullation by the participant up to 48 hours, the full amount is due.
2. In case of anullation by the participant up to one week before the workshop, 50% of the amount is due.
3. There is an exception to the two conditions above if a substitute person is nominated by the participant.
2. In case of a retreat:
1. In case of anullation up to 30 days before the start, 50% of the amount will be charged.
2. For cancellation up to 14 days before commencement, the full amount will be charged.
3. An exception to the two conditions above applies if a replacement person is nominated by the participant.
3. In case of an individual session, yoga class or ritual:
1. An appointment for a consultation can be cancelled by the client up to 48 hours before the start of the consultation without giving any reason. The entrepreneur may ask the client for the reason of cancellation, but may not oblige the client to give his reason(s). In case of cancellation within 24 hours prior to the consultation, 50% of the applicable rate will be charged.
4. In the case of online training or books:
1. It is not possible to exchange and/or return purchased digital products, including online courses ‘Green Diet’ (Gian Institute) or poetry book. By ordering and paying for the digital products, customer gains immediate access to his purchase. Customer hereby explicitly agrees that he thereby waives the right to make use of the reflection period and the right to revoke the agreement.
Article 7 – Obligations when cancelling
1. Customer will not distribute the information provided to him to third parties. See also article 11 about 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 makes it possible for the notification of cancellation by the customer to be made electronically, he will send a confirmation of receipt without delay after receiving this notification.
Article 8 – Prices and payments
1. The prices for online classes, workshops, retreats and other services are listed on Vir Yoga Gong’s website and include VAT unless otherwise stated. (at the moment of writing, Vir uses KOR, wich allows to offer the prices without VAT.
2. The costs for rituals and gong baths for a private group are custom made and will not be increased after booking.
3. The amounts due by the customer for online classes, workshops and other online services must be paid in full immediately upon registration through the website via bank transfer or payment link. Customers who are not able to pay in this way should register by email and then receive an invoice in which they should transfer the amount due to IBAN NL91KNAB0256443084 in the name of Vir Yoga Gong, stating the invoice number. Registration is only a fact after full payment is received.
4. Unless otherwise stipulated in the agreement or additional terms and conditions, the amounts due by the customer must be paid within 14 days after 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) in 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, whereby the client will owe €15 in administrative costs 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 9 – Fulfilment of agreement and implementation
1. The entrepreneur guarantees that the products and / or services meet the contract, 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 Vir Yoga Gong or as mentioned in the information the customer receives.
Article 10 – Transferability
1. Customer is not allowed, without prior written consent of entrepreneur, to transfer or assign the rights and obligations from the agreement or parts thereof to third parties.
Article 11 – 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.
2. If a situation as described in the first paragraph of this article arises, the obligations of the Company towards the Client shall be suspended for as long as the Client is unable to fulfil its obligations. If this situation has lasted longer than 30 calendar days, both parties have the right to dissolve the Agreement in writing.
Article 12 – 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 has to ask permission in writing to Vir Yoga Gong.
3. It is not allowed to reproduce, distribute, modify, display, perform, publish provided information and materials unless there is written permission from Vir Yoga Gong.
Article 13 – Responsibility
- Under all circumstances the Customer is responsible for the way he uses the information received during consultations, workshops, retreats or yoga classes. Vir Yoga Gong is not responsible and / or liable for the choices and actions of the Customer following the services and / or products provided by Vir Yoga Gong.
- The entrepreneur will carry out his activities to the best of his ability and knowledge, taking into account the care that may be expected from 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.
- 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.
- 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.
- 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.
- The Client indemnifies the Company against all claims which third parties assert or exercise against the Company for compensation of damages, 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.
- A class, workshop, retreat or any other session form can never be seen as a replacement for regular medicine on both a physical and psychological level.
Article 14 – Complaints
- Complaints about the implementation of the agreement must be fully and clearly described and submitted to the entrepreneur within a reasonable time after the client has found the defects.
- 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.
- 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 15 – Disputes
- On agreements between the entrepreneur and the customer 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 17 – Amendments to the General Terms and Conditions
- Entrepreneur is authorized at all times to make changes to these General Terms and Conditions.