Cornelis Krusemanstraat 5
1075 NB Amsterdam
Phone number: 020-7173288
Email address: [email protected]
Chamber of Commerce number: 53876563
VAT ID: NL001608549B91
a. These terms and conditions (the “Terms”) apply to all agreements for the provision of services (“Services”) and/or products (“Products”) by or on behalf of Pranic Vivek.
b. In these Terms and Conditions, Client means the natural or legal person (Client) who purchases Services or Products from the Pranic Vivek (Contractor) under an agreement. Services may include:
(i) Pranic Healing treatments, hereinafter each a “Treatment”;
(ii) courses, trainings, education, learning programs, workshops and/or meetings (hereinafter each a “Course”) provided by Pranic Vivek to Client, as listed on Pranic Vivek’s website, for which participants may enroll on an individual basis; and/or
(iii) any other work of any kind performed by Pranic Vivek on behalf of the Client in connection with the assignment, even if not expressly agreed upon by the parties (“Other Services”).
c. These Terms and Conditions also apply to additional and follow-up assignments from Client to Pranic Vivek.
d. The provisions of these Terms and Conditions may only be deviated from if an express written agreement has been concluded between the parties involved. The applicability of any purchasing or other terms and conditions of Client is expressly rejected.
e. If ambiguity exists regarding the interpretation of one or more provisions of these Terms and Conditions or a situation arises that is not regulated in these Terms and Conditions, the interpretation must take place in the light of these provisions.
f. If Pranic Vivek does not always require strict compliance with these Terms and Conditions, this does not mean that the provisions thereof do not apply, or that Pranic Vivek would lose, or have given up, the right to require strict compliance with the provisions of these Terms and Conditions in other cases or at a later time.
g. If one or more of the provisions in these Terms at any time are wholly or partially void or voidable, the other provisions of these Terms shall remain in full force and effect. Pranic Vivek and Client will then consult to agree new provisions to replace the void or voided provisions, taking into account as much as possible the purpose and intent of the original provisions.
i. Pranic Vivek is affiliated with, recognized by, and bound by the rules set by the professional organization for alternative therapists called the Collective of Alternative Therapists (see: https://catcollectief.nl/). Pranic Vivek is also bound by the professional code of the Alternative Therapists Disputes Authority (see: https://www.gatgeschillen.nl/beroepscode/).
- Formation and termination of agreement
a. The agreement comes into being when the Client has made a verbal or written agreement with Pranic Vivek to purchase Products and/or Services. Verbal agreements will be confirmed in writing by Pranic Vivek.
b. Pranic Vivek is entitled to request the Client to provide security for payment and other obligations arising from the agreement.
c. The agreement ends when the performance has been delivered and both parties have fulfilled all obligations arising from the agreement.
- Prices and payment
a. Rates quoted by Pranic Vivek are in Euros unless otherwise stated. It will be indicated whether the rates are inclusive or exclusive of VAT. The Client is deemed to know and agree to the stated rates.
b. Payment for a Treatment must be made immediately after Treatment by pin or, if approved by Pranic Vivek, pursuant to an invoice provided by Pranic Vivek. Payments for Services or Products shall be made pursuant to an invoice provided by Pranic Vivek, unless otherwise indicated by Pranic Vivek. Invoiced amounts must be credited to Pranic Vivek’s account within 14 days of the invoice date.
c. For payments through the webshop, the following further applies:
i) There is a cooling-off period/right of withdrawal for the Client with respect to Products and Services. This means that for a period of 14 calendar days after the conclusion of a distance contract, the Client has the right to dissolve this contract without giving reasons. The agreement shall be deemed to be concluded on the day Pranic Vivek sent confirmation thereof by email to the Client. If the Client wishes to terminate the agreement during this period, this shall be done by email to [email protected].
(ii) The amounts owed by the Client shall be paid within 14 days from the commencement of the above reflection period, by crediting to the bank account specified by Pranic Vivek.
(iii) Pranic Vivek may stipulate payment in advance. However, unless otherwise stipulated in an individual clause, when selling Products to consumers, the consumer (Client) may never be required to pay more than 50% in advance. Where advance payment has been stipulated, the Client may not assert any rights regarding the execution of the order in question until the stipulated advance payment has been made.
d. If the Client fails to fulfill its payment obligation(s) within the time limits mentioned in this article, the Client shall be in default without notice of default being necessary. The Client shall then also owe statutory interest plus all reasonable costs incurred by Pranic Vivek to obtain satisfaction in or out of court.
a. Insofar as Pranic Vivek uses offers or quotations, the provisions below shall apply.
b. Pranic Vivek is only bound to the offer or quotation if the acceptance thereof is confirmed by the Client in writing within 14 days.
c. Pranic Vivek cannot be held to its offers or quotations if they contain an obvious mistake or clerical error.
d. The prices stated in the offer or quotation are exclusive of costs and charges (hereinafter “Additional Costs”), such as (government) levies or travel and accommodation, shipping and handling costs. Additional Charges will be charged by Pranic Vivek to Client unless otherwise agreed.
e. If the Client’s acceptance differs in parts from the offer included in the quotation or quote, Pranic Vivek is not bound by it. The agreement will then not be established unless Pranic Vivek indicates otherwise.
f. Quotes, rates and quotations do not automatically apply to future orders.
a. Pranic Vivek has a duty of confidentiality of everything that becomes known to him by virtue of his position and in the context of the Treatment, in accordance with the requirements of applicable law, the Collective Alternative Therapists and the Alternative Therapists Disputes Authority. This duty of confidentiality continues even after termination of the Treatment.
b. With respect to Courses and Other Services, the following applies:
(i) The parties are obliged to maintain the confidentiality of all confidential information that they have received from each other in the context of their agreement. Information is considered confidential within the meaning of this paragraph if it has been explicitly communicated or made clear by the other party. Furthermore, the content of a Course provided by Pranic Vivek is always considered confidential information.
(ii) The confidentiality obligation does not apply if: (i) the relevant party is required to disclose by law or a binding court or governmental body order, (ii) the information becomes common knowledge, (iii) the relevant party is acting for himself in a legal proceeding in which this information may be relevant, or (iv) the other party (whose information is involved) has given written consent to disclosure.
- Personal data
- Intellectual property rights
Pranic Vivek, or where applicable the ultimate rights holder (e.g., the Institute for Inner Studies Limited), retains intellectual property rights, including copyright, trademark, design, and/or trade name rights, where applicable, relating to Products and/or Services provided by Pranic Vivek. The matters referred to in this article may not be disclosed and/or otherwise brought to the knowledge or disposal of third parties without the express prior consent of Pranic Vivek.
a. Pranic Vivek will execute the agreement to the best of its knowledge and ability, in accordance with the requirements of good workmanship. Pranic Vivek has an obligation of effort when performing the assignment and cannot be held accountable from an obligation of result.
b. The Client shall ensure that all information, which Pranic Vivek indicates is necessary or which the Client should reasonably understand is necessary for the performance of the agreement, is provided to Pranic Vivek in a timely manner.
c. Pranic Vivek shall not be liable for damages of any kind arising from the fact that Pranic Vivek relied on incorrect and/or incomplete information provided by or on behalf of the Client.
d. Pranic Vivek is not liable for the lack of the intended effect during or after a Treatment, nor for any (unexpected) side effects of the Treatment.
e. Pranic Vivek shall never be liable for consequential damages, lost profits, lost savings or damage due to business interruption.
f. Any liability of Pranic Vivek is at all times limited to direct damages. Direct damages shall mean only: (i) the reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these Terms, (ii) any reasonable costs incurred to make the defective performance of Pranic Vivek conform to the agreement, insofar as they can be attributed to Pranic Vivek, and (iii) reasonable costs incurred to prevent or limit damage, to the extent that the Client demonstrates that these costs have resulted in limiting direct damage as referred to in these Terms.
g. If Pranic Vivek should be liable for damages, the liability shall be limited to the amount paid by its insurer where applicable, and otherwise to a maximum of twice the relevant invoice value for the Treatment or other Services or Products provided, as applicable.
h. Claims for payment of damages expire 1 year after the day on which the Client became aware or could reasonably have become aware of the damage and the possible liability of for that damage, unless other limitation periods arise from applicable mandatory law.
i. The limitations of liability contained in this article do not apply if the damage is due to intent or gross negligence of Pranic Vivek.
The Client shall indemnify Pranic Vivek, or persons engaged by Pranic Vivek, for claims by third parties arising from the applications or use of the outcome of the assignment. The operation of Article 6:76 of the Civil Code is excluded.
- Third Party
a. Pranic Vivek has the right to have certain work performed by third parties if and to the extent required for the proper execution of the agreement. Such third parties may also rely on these Terms.
b. If certain parts of the Agreement are fulfilled by third parties, Pranic Vivek is not liable for these parts and for the actions of these third parties, unless mandatory law provides otherwise. The applicability of Article 7:407(2) is excluded.
c. If work is performed by Pranic Vivek, or third parties engaged by Pranic Vivek, in the context of the assignment at the Client’s location or a location designated by the Client, the Client shall provide, at his/her expense, the facilities reasonably required by Pranic Vivek and the third parties engaged.
- Treatments – appointments
a. Any appointment for a Treatment, where a Treatment may or may not have taken place or which has not been cancelled by Client at least 24 hours in advance (or rescheduled in agreement with Pranic Vivek), will be charged.
b. Pranic Vivek may reschedule a treatment in consultation with a Client.
- Courses – cancellation, relocation and interim termination
a. Pranic Vivek has the right to cancel, reschedule, or refuse the Client’s participation in a Course without giving any reason. In the event of such cancellation or refusal, the Client is entitled to a refund of the full amount paid by the Client to Pranic Vivek.
b. Participation in a Course may be cancelled by a client without giving any reason by emailing [email protected]: (i) for 14 calendar days after receipt of confirmation of enrollment in a Course, and also (ii) up to 30 days prior to the start of the first Course Day. If applicable, the Client shall then be entitled to a refund of the full amount paid to Pranic Vivek, less expenses specifically incurred by Pranic Vivek with respect to that Client.
c. The Client shall be entitled to terminate his/her participation in the already commenced Course prematurely or with immediate effect. The amounts charged or to be charged in that case remain due by Client and will not be refunded by Pranic Vivek, unless there are weighty circumstances, at the sole discretion of Pranic Vivek.
- Products – specific provisions
a. The offer
(i) An offer contains a complete and accurate description of the Product offered and, if applicable, the digital content. The description is sufficiently detailed to allow a proper assessment of the offer by the Client. If Pranic Vivek uses images, they are a true representation of the Products and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind Pranic Vivek.
b. Further provisions regarding the cooling-off period for Products (withdrawal).
i) During the reflection period of clause 3.c.i) above, the Client shall handle the Product and its packaging with care. He shall unpack or use the Product only to the extent necessary to determine its nature, characteristics and operation. The premise here is that the Client may only handle and inspect the product as he would be permitted to do in a retail store.
(ii) The Client shall only be liable for depreciation of the Product resulting from a manner of handling the Product beyond that permitted in the preceding paragraph.
iii) As soon as possible but not later than 14 days from the day of the notification by the Client of the withdrawal, the Client shall return the Product, or the Client shall hand it over to (an authorized representative of) Pranic Vivek. The Client has complied with the return period in any case if he returns the Product before the cooling-off period has expired.
(iv) The Client shall return the Product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by Pranic Vivek.
(v) The Client shall bear the cost of returning the Product. Pranic Vivek will refund the Client’s purchase payment made, including any delivery costs charged by Pranic Vivek for the Product, without delay but within 14 days following the day on which the Client notifies it of the withdrawal. Pranic Vivek may wait to refund until it has received the Product or until the Client proves that he/she has returned the Product, whichever is earlier.
vi) Pranic Vivek may exclude the following Products from the right of withdrawal, but only if Pranic Vivek clearly stated this when making the offer, or at least in good time before concluding the agreement:
(1) Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
(2) Newspapers, periodicals or magazines, excluding subscriptions thereto; and/or
(3) The provision of digital content other than on a tangible medium, but only if: (a) performance began with the express prior consent of the Client; and (b) the Client has declared that he/she thereby forfeits his/her right of withdrawal.
c. Compliance with contract
i) Pranic Vivek guarantees that the Products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
d. Delivery and execution
i) Pranic Vivek will take the utmost care in fulfilling orders for Products.
(ii) The place of delivery is the address that the Client has made known to Pranic Vivek.
iii) Pranic Vivek will execute accepted orders expeditiously but at the latest within 30 days, unless another delivery period has been agreed upon. If delivery is delayed, or if an order cannot or can only be partially fulfilled, the Client will be notified no later than 30 days after the order was placed. In this case, the Client has the right to terminate the agreement without charge. After dissolution, Pranic Vivek will promptly refund the amount paid by the Client.
iv) The risk of damage and/or loss of products rests with Pranic Vivek until the time of delivery to the Client, unless expressly agreed otherwise.
- Force majeure
a. Pranic Vivek is not obliged to fulfill any obligation to the Client if he is hindered to do so as a result of a circumstance that is not due to his fault, and neither under the law, a legal act or generally accepted practice. Illness on the part of Pranic Vivek falls under force majeure.
b. Pranic Vivek may suspend obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, then either party is entitled to dissolve the agreement, without any obligation to pay damages to the other party.
c. Insofar as Pranic Vivek has already partially fulfilled its obligations under the agreement when force majeure occurs or will be able to fulfill them, and the part fulfilled or to be fulfilled is of independent value, Pranic Vivek is entitled to invoice that part separately. The Client is obliged to pay this invoice as if it were a separate agreement.
- Suspension and dissolution
a. Pranic Vivek is authorized to suspend performance of its obligations or dissolve the agreement if: (i) the Client fails to perform its obligations under the agreement, in full or in a timely manner, (ii) after the conclusion of the agreement circumstances come to the knowledge of Pranic Vivek, give good reason to fear that the Client will not fulfill the obligations, (iii) the Client was requested, at the conclusion of the agreement, to provide security for the fulfillment of its obligations under the agreement and such security is not provided, or is insufficient, or (iv) due to the delay on the part of the Client, Pranic Vivek can no longer be required to fulfill the agreement at the originally agreed conditions.
b. Furthermore, Pranic Vivek is authorized to dissolve the agreement if circumstances arise of such a nature that fulfillment of the agreement is impossible or if other circumstances arise of such a nature that unaltered maintenance of the agreement cannot reasonably be required of Pranic Vivek.
c. As a result of the dissolution, Pranic Vivek’s claims against the Client are immediately due and payable. As a result of suspension by Pranic Vivek, it retains its claims under the law and agreement. Client shall be required to reimburse work already performed and expenses incurred by Pranic Vivek.
d. If the dissolution is attributable to the Client, Pranic Vivek is entitled to compensation for damages, including costs, incurred directly and indirectly. Pranic Vivek for its part is not liable to pay any damages or compensation.
- Change conditions and provision
a. Pranic Vivek is entitled at any time to amend or supplement these terms and conditions.
b. The amended Terms will apply to new agreements.
c. The most current version of the terms and conditions is always available through Pranic Vivek’s website.
- Applicable law, disputes and complaints
a. All legal relationships to which Pranic Vivek is a party shall be governed exclusively by Dutch law, even if an obligation is wholly or partially performed abroad or if the party involved in the legal relationship is domiciled there. If a dispute is not resolved by mutual agreement, the dispute may be submitted by either party to the competent Dutch court.
b. Pranic Vivek complies with the requirements of the Quality, Complaints and Disputes Act (WKKGZ). In case of complaints about the treatment then it is good to make that known. If a personal conversation or mediation does not yield the desired result, then use can be made of the complaint procedure of the Dispute Resolution Authority Alternative Therapists (see: https://catcollectief.nl/klacht-over-een-cat-therapeut/).
Amsterdam, June 29, 2020