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General terms and conditions V SPA Amsterdam

To make treatments and services by Postpartum Massage Nederland go as smoothly as possible

we have a number of conditions. Postpartum Massage Nederland is a collective, founded by Mirjam Heemskerk and

Adisti Strong. Several practitioners work within the collective Postpartum Massage Nederland. Each

practitioner has her own website with associated Terms and Conditions, Disclaimer and Privacy Legislation.

If you submit an application, we assume that you have taken note of the conditions below and

agree to this.

Article 1 Applicability

General terms and conditions of

with its registered office and principal place of business at Minervaplein 40-3hg 1077TV in Amsterdam, registered with the Chamber of Commerce in Amsterdam under registration number 34348319. Adisti Sterk is

with its registered office at Staalmeesterslaan 266 1057NZ in Amsterdam, registered with the Chamber of Commerce in Amsterdam under registration number 64522091.

Postpartum Massage Nederland is a collective founded by Mirjam Heemskerk and

Adisti Strong. Mirjam Heemskerk is

  1. These terms and conditions are communicated via the website of Postpartum Massage Nederland (http://www.postpartummassagenederland.nl) and by e-mail and will be sent in writing by post upon request.

  2. Any legal relationship between Postpartum Massage Nederland and the participating person and/or representative of this person, hereinafter referred to as "Client", to one of the workshops, training courses, treatments, hereinafter referred to as "Services", which are organized by Postpartum Massage Nederland. is governed solely by these terms and conditions.

  3. The applicability of general terms and conditions used by the Client is expressly excluded. If one or more provisions in these general terms and conditions are invalid or should be annulled, the other provisions of these general terms and conditions remain fully applicable.

  4. The provisions of these General Terms and Conditions included in the articles apply to every quotation and/or agreement entered into between Postpartum Massage Nederland and the Client, unless Postpartum Massage Nederland has expressly deviated from these conditions in writing.

  5. You accept the applicability of these terms and conditions as a Client by the mere fact of your assignment.

Article 2 Applications

  1. Requests for Treatments and Services are made via the registration form on the website, by e-mail or by telephone and are made in order of receipt. An agreement is concluded by the written confirmation of the Service by Postpartum Massage Nederland to the Client. This confirmation will take place by email.

  2. Prices are stated in Euros and include statutory VAT, unless stated otherwise.

  3. Request for a Service automatically and immediately implies that Client declares to be physically and mentally healthy

    and that the Client bears full responsibility for the consequences for his own body and health.

Article 3 Performance of the agreement

  1. Postpartum Massage Nederland will at all times make an effort to perform the Service to the best of its ability. Postpartum Massage Nederland is never liable for failure to achieve the result that the Client intended.

  2. The Client shall ensure that all information that Postpartum Massage Nederland indicates is necessary or which the Client should reasonably understand to be necessary for the performance of the Service is provided to Postpartum Massage Nederland in a timely manner.

  3. Postpartum Massage Nederland is entitled to engage third parties in the performance of the Service. Postpartum Massage Nederland will take the necessary care when selecting third parties. All knowledge/actions that are offered by Postpartum Massage Nederland in the context of the Service are expressly not medical treatments. These treatments/services serve to support, rest, relax and provide information. Purchase of the Service is entirely at your own risk.

Article 4 (Massage) treatment

  1. Postpartum Massage Nederland will never claim to be able to cure certain diseases or conditions and will never advise you to stop or change a regular medication or treatment recommended by a doctor.

  2. All knowledge/actions offered by Postpartum Massage Nederland in the context of the Service

    are expressly not medical treatments. These treatments/services serve to support, rest,

    entertainment and the provision of information. Purchase of the Service is entirely at your own risk.

  3. The client ensures that all data that Postpartum Massage Nederland indicates is

    are necessary or of which the Client should reasonably understand that they are necessary for the execution

    of the Service, are provided to Postpartum Massage Nederland in a timely manner.

  4. Ethics and hygiene are of paramount importance at Postpartum Massage Nederland and I expect the same from

    Client.

  5. Mutual respect in a safe atmosphere is important for both Postpartum Massage Nederland and the Client

    self-evident.

  6. It is not possible to perform erotic massages at Postpartum Massage Nederland. It

    questions about this are not appreciated.

  7. Postpartum Massage Nederland reserves the right to refuse Clients.

Article 5 Change & Cancellation

by Postpartum Massage

Netherlands

1. In the event of unforeseen circumstances, Postpartum Massage Nederland has the option at all times to interrupt, move and/or cancel the Service. Unforeseen circumstances as referred to in this paragraph include, among other things, insufficient registrations for a Workshop, illness of Mirjam Heemskerk

or Adisti Sterk and circumstances that arise with regard to persons and/or materials used for a

proper execution by Postpartum Massage Nederland are necessary.
2. In the event of a change and/or cancellation by Postpartum Massage Nederland, the Client will be informed

of rescheduling the canceled Service.

Article 6 Force majeure

  1. In case of force majeure, Postpartum Massage Nederland is entitled to interrupt, move and/or cancel the Service. Force majeure applies, among other things, if the performance of the Service, temporarily or otherwise, is prevented by circumstances beyond the reasonable control of Postpartum Massage Nederland, such as accidents, fire, illness, death of a loved one and extreme weather conditions.

  2. In the event that the Service is cancelled, the provisions of article 5 paragraph 2 apply mutatis mutandis.

Article 7 Change & Cancellation by Client

  1. Cancellation is only possible in writing or by telephone (e-mail, text message, whatsapp). If the registration for a Workshop or Lecture is canceled up to fourteen days before the start of the Workshop, administration costs (25 euros) will be charged. If canceled from fourteen days to seven days before the start of a Workshop or Lecture, half of the costs will be charged. No refunds will be made from seven days before the start of a Workshop or Lecture.

  2. Cancellation of a Treatment is free of charge up to 24 hours before the start of the appointment. In case of cancellation after the period of 24 hours before the scheduled appointment, the entire amount will be charged. With the exception of force majeure on the part of the Client, such as the Client's delivery.

Article 8 Payment

  1. Costs for one-off treatments must be paid immediately after the treatment via pin payment, payment request or cash, unless explicitly stated otherwise or agreed in writing.

  2. Costs for Services for Packages (Multiple Treatments and Nourishing New Mama Plan) must be credited to the account number of MC Heemskerk or Adisti Sterk in Amsterdam in full prior to Service within the payment term, unless explicitly stated otherwise. or agreed in writing.

  3. In the event of late payment as described in paragraph 2 of this article, Postpartum Massage Nederland is at all times entitled not to include a reservation for Service in its agenda. If this is the case, the right to Service for the Client lapses.

  4. Prior to the Workshop or Lecture, the full Workshop or Lecture costs must be credited to the account number of MC Heemskerk or Adisti Sterk in Amsterdam, within the payment term, on the invoice received from the Workshop or Lecture, stating the invoice number, unless explicitly stated otherwise or agreed in writing.

  5. In the event of late payment as described in paragraph 4 of this article, Postpartum Massage Nederland is at all times entitled to admit another participant for a Workshop or Lecture as a replacement. If this is the case, the Client's right of access will expire.

  6. Services for Multiple Treatment Packages and Gift Vouchers are valid up to 1 year after the invoice date. The Client is responsible for making agreements within the period of 1 year after the invoice date. After this, the right to Service for the Client lapses, unless explicitly stated otherwise or agreed in writing.

  7. Postpartum Massage Nederland reserves the right to make interim price changes.

Article 9 Costs when the payment term is exceeded

  1. If you do not make (full) payment on time, you are in default, without further notice of default being required. If the amount due has not been paid on the due date, Postpartum Massage Nederland will send you a first reminder free of charge, with a request to pay within seven (7) calendar days. If this term expires without Postpartum Massage Nederland having received the amount due, you will receive a second reminder stating that extrajudicial collection costs will be charged if the payment term of this reminder is exceeded.

  2. When collection measures have to be taken, you are legally obliged to reimburse all reasonable judicial and extrajudicial (collection) costs incurred. The amount of the costs for extrajudicial collection costs is calculated on the basis of the Decree on compensation for extrajudicial collection costs. For claims up to € 2,500, this means a possible compensation of a maximum of fifteen percent (15%) of the principal sum, with a minimum of € 40,

  3. If you still fail to pay the amount due after the second reminder, Postpartum Massage Nederland can transfer its claim against you to a third party. In addition, all costs that must be incurred in connection with the outstanding claim of Postpartum Massage Nederland are for your account, as well as the costs of any legal proceedings.

Article 10 Liability

  1. Postpartum Massage Nederland is not liable for loss, theft or damage to personal property or materials brought by Client during the Service.

  2. Except in the case of intent or gross negligence on the part of Postpartum Massage Nederland, Postpartum Massage Nederland cannot be held liable in any way for any physical or mental injury that occurs to the Client during or as a result of participation in the Service.

  3. Liability of Postpartum Massage Nederland for indirect damage, including consequential damage, lost profit, and damage due to business interruption is at all times excluded.

  4. Any liability of Postpartum Massage Nederland on account of an event - including omission - that leads to liability, is limited to the costs of the Service to which the damage is related.

  5. The liability of Postpartum Massage Nederland is at all times limited to the amount that will be paid out in the relevant case under any professional/company liability insurance of Postpartum Massage Nederland.

Article 11 Intellectual Property Rights

  1. The intellectual property rights in the materials made available to the Client by Postpartum Massage Nederland and the website of Postpartum Massage Nederland are vested in Postpartum Massage Nederland. The Client is expressly not permitted to reproduce, publish or make available to third parties the material and/or the documentation and/or information provided on the website without the prior written consent of Postpartum Massage Nederland.

  2. Postpartum Massage Nederland reserves the right to make image and/or sound recordings during Workshops and Lectures and to use these for its own course and promotional activities. This in consultation with the Client.

3. Making image and/or sound recordings during a Workshop or Service by the Client is expressly prohibited, unless explicitly stated otherwise or agreed in writing.

Article 12 Confidentiality Article 13 Special provisions

  1. Both parties are obliged to maintain the confidentiality of all confidential information that they have obtained from each other in the context of their agreement. Information is considered confidential if this has been expressly reported by one of the parties or if this results from the nature of the information.

  2. When applying for a Service, the Client's personal data will be used in accordance with the provisions of the Privacy Statement.

  1. Postpartum Massage Nederland reserves the right to exclude Clients who by their behavior or otherwise hinder or complicate the normal course of the Service, in view of the interests of Postpartum Massage Nederland and the Client, from further treatment. Exclusion does not affect the obligation to pay.

  2. Postpartum Massage Nederland reserves the right for Participants who, due to their behavior or otherwise, hinder or complicate the normal course of a Workshop or Lecture, in view of the interests of the other participants, from further participation in the relevant Workshop or Lecture and/or future Workshops. or exclude lectures. Exclusion does not affect the obligation to pay the mandatory Workshop costs.

  3. Without the prior written consent of Postpartum Massage Nederland, the Participant in one of the Workshops or Lectures is in no way allowed to give one of the Workshops or Lectures of Postpartum Massage Nederland directly or indirectly within Europe, whether or not for payment.

Article 14 Applicable law & Disputes

1. Dutch law applies to the legal relationship between the Client and Postpartum Massage Nederland. In principle, all disputes will be settled by the competent court in the district in which Postpartum Massage Nederland is located.

TERMS & CONDITIONS

Terms and conditions (“Terms”) are a set of legal terms defined by the owner of a website. They set forth the terms and conditions governing the activities of the website visitors on the said website and the relationship between the site visitors and the website owner. 

Terms must be defined according to the specific needs and nature of each website. For example, a website offering products to customers in e-commerce transactions requires Terms that are different from the Terms of a website only providing information.    

Terms provide the website owner the ability to protect themselves from potential legal exposure.

In general, what should you cover in your Terms & Conditions?

  1. Who can use your website; what are the requirements to create an account (if relevant)

  2. Key commercial Terms offered to customers

  3. Retention of right to change offering

  4. Warranties & responsibility for services and products

  5. Ownership of intellectual property, copyrights and logos

  6. Right to suspend or cancel member account

  7. Indemnification

  8. Limitation of liability

  9. Right to change and modify Terms

  10. Preference of law and dispute resolution

  11. Contact info

You can check out this support article to receive more information about how to create a Terms and Conditions page.

The explanations and information provided herein are only general and high-level explanations, information and samples. You should not rely on this article as legal advice or as recommendations regarding what you should actually do. We recommend that you seek legal advice to help you understand and to assist you in the creation of your Terms.

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