General Terms and Conditions
General Terms and Conditions of HypnoseMentor
Also acting under OMNI Hypnosis Training Center® Netherlands, Oostrom Organisatie Advies and Oostrom Productions, hereinafter referred to as HypnoseMentor.
Chamber of Commerce: 20096995
Legal entity: Sole proprietorship
Terms per 1-2-2020
Artikel 1 –Definitions
In these General Terms and Conditions the following terms shall have the following meanings:
General Terms and Conditions
The General Terms and Conditions as stated below.
Any agreement concluded between HypnoseMentor and the Other Party.
The period within which the Consumer or customer can make use of his legal cancellation rights;
The Other Party acting in the course of a Company or profession.
The Other Party not acting for purposes related to its trade, business, craft or profession.
The Hypnosis Community website to which the member can log in in order to make use of information, audio’s, videos, e-books, member information, exchange forums in combination with other members. See article 8. See article 8.
The party that has accepted these general terms and conditions and has purchased the product and/or has given an order to provide the service. The Other Party is understood to mean both Consumers and Companies. The Other Party includes both the client who purchases hypnosis sessions, the training participant, the member with a free or paid membership and the consumer of the digital content and/or services remotely.
All activities, in whatever form, that HypnoseMentor has performed for or on behalf of the Other Party
Provision of services at a distance:
The agreement between the other party and HypnoseMentor, whereby within the framework of a system organised by HypnoseMentor for the provision of services at a distance, until the conclusion of the agreement, only one or more techniques for distance communication, such as a website, telephone or other means of communication, are used.
Data produced and delivered in digital form;
Durable data carrier:
Any tool – including e-mail – that enables the Other Party to store information that is addressed to it personally in a way that allows future consultation or use during a period that is tailored to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information.
The Consumer’s option to withdraw from the Remote Purchase within the cooling-off period;
The financial compensation agreed with the Other Party for the execution of the assignment.
HypnoseMentor, registered with the Chamber of Commerce under number 20096995.
The agreement between the other party and HypnoseMentor, whereby within the framework of a distance selling system organised by HypnoseMentor, one or more means of distance communication, such as a website, telephone or other means of communication, are exclusively used until the conclusion of the agreement.
Form for cancellation:
The European cancellation form set out in Annex I to these conditions;
Technology for remote communication:
Means that can be used for the conclusion of an Agreement, without the Other Party and the Entrepreneur having to meet in the same room at the same time.
HypnoseMentor’s offer may consist of education, training, courses, workshops, seminars, hereinafter referred to as training, in which knowledge transfer takes place between a HypnoseMentor lecturer or a lecturer from another institute.
This concerns an individual appointment with a hypnotherapist from HypnoseMentor, in which the Other party formulates a specific objective to work on during the session.
Groups hypnosis sessies:
These are sessions in which a hypnotherapist from HypnoseMentor works with a group on a specific objective.
The Dispute Settlement Body concerning the individual hypnosis sessions Healthcare provider: therapist (natural or legal person) who is affiliated to one (or more) recognised professional organisation(s) called Catcollectief.
Therapist (natural or legal person) who is affiliated to one (or more) recognised professional organisation(s) called Catcollectief.
Closed (therapy) agreement between the care provider and the client. See Article 9. See article 9.
Legislation Kwaliteit Klachten en Geschillen zorg (Quality Complaints and Disputes Act)
Artikel 2 – Apllicability
These General Terms and Conditions apply to every offer of HypnoseMentor and Agreement both remotely and otherwise concluded between HypnoseMentor and the Other party.
These General Terms and Conditions also apply to Agreements with HypnoseMentor, for the execution of which third parties must be involved.
The applicability of any purchase or other General Terms and Conditions of the Other Party is expressly rejected.
The text of these General Terms and Conditions is offered via a link in the relevant digital order forms on the websites or sent along with the confirmations of registration for training. Prior to the conclusion of the Remote Purchase Contract, the text of these General Terms and Conditions will be made available to the Other Party via the HypnoseMentor website or the website of the Hypnose Community.
In the event that, in addition to these General Terms and Conditions, there are also specific product- or service conditions applicable, these will be mentioned with the offer. Where training is concerned, these are included in the confirmation of a sign-up.
General Terms and Conditions will remain in force for all the rest. In the event of this situation, HypnoseMentor and the Other Party will enter into consultation with the aim of agreeing new provisions to replace the void or nullified provisions. In geval van deze situatie treden HypnoseMentor en de Wederpartij in overleg met het doel nieuwe bepalingen ter vervanging van de nietige of vernietigde bepalingen overeen te komen.
If HypnoseMentor does not always require strict compliance with these General Terms and Conditions and conditions, this does not mean that the provisions thereof do not apply, or that HypnoseMentor would in any way lose the right to require strict compliance with the provisions of these General Terms and Conditions in other cases.
Deviations from the Agreement and General Terms and Conditions are only valid if they have been expressly agreed in writing with HypnoseMentor.
Artikel 3 – The Agreement
Offers will be made in writing and/or electronically, unless urgent circumstances make this impossible.
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
HypnoseMentor cannot be held to its offers if the Other Party should have understood, in terms of reasonableness and fairness and generally accepted views, that the offer or a part thereof contains an obvious mistake or slip of the pen.
If the acceptance, whether or not on minor points, deviates from the offer included in the offer and/or quotation, HypnoseMentor shall not be bound by it. The Agreement is then not in accordance with this deviating acceptance, unless HypnoseMentor indicates otherwise.
Each offer contains such information that it is clear to the Other Party what its rights and obligations are, which are linked to the acceptance of the offer.
Offers do not automatically apply to future orders or repeat orders.
Artikel 4 – The Agreement
Subject to the provisions of Article 3, the Agreement will be concluded at the time of acceptance by the Other Party of the offer and compliance with the conditions set in that offer.
If the Other Party has accepted the offer electronically, HypnoseMentor will confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by HypnoseMentor, the Other Party may dissolve the Agreement.
If the Agreement is concluded electronically, HypnoseMentor will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the Consumer or customer is able to pay electronically, HypnoseMentor will observe appropriate security measures for this purpose.
HypnoseMentor reserves the right to refuse training participants without giving reasons.
Artikel 5 Amendments to the Agreement
If, during the performance of the Agreement, it appears that,
in order to ensure proper performance necessary to amend or supplement the Agreement, HypnoseMentor will inform the Other Party as soon as possible. The parties will then proceed to amend the Agreement in good time and in mutual consultation.
If parties agree that the Agreement is amended or supplemented, the time of completion of the implementation may be affected. HypnosisMentor will inform the Other Party of this as soon as possible.
If the amendment or supplement to the Agreement will have financial, quantitative and/or qualitative consequences, HypnoseMentor will inform the Other party in advance.
If a fixed Fee, price and/or rate has been agreed, HypnoseMentor shall indicate to what extent the change or supplement to the Agreement affects the price. In doing so, HypnoseMentor shall try, as far as possible, to make a quotation in advance. In doing so, HypnoseMentor shall try, as far as possible, to make a quotation in advance.
HypnoseMentor will not be able to charge additional costs if the change or addition is the result of circumstances attributable to HypnoseMentor.
Amendments to the Agreement between the Counterpartand Hypnosis Mentor originally concluded are only valid from the moment these amendments were accepted in writing by both parties through an additional or amended Agreement.
Article 6 – Reflection period and right of withdrawal
This provision only applies to the Other Party in its capacity as Consumer.
6.1. In the case of products:
In case of remote buying, delivery must take place within 30 calendar days at the latest.
In the event of Remote Purchase and/or Provision of Services, HypnoseMentor has the right to oblige the Consumer to pay a maximum of 50 percent of the price in advance.
The Consumer may dissolve an Agreement relating to the purchase of a product for a period of at least 14 calendar days without giving reasons. HypnoseMentor may ask the Consumer for the reason for revocation, but does not oblige the Consumer to state his reason(s).
HypnoseMentor may, provided it has clearly informed the Consumer prior to the ordering process, refuse an order for several products with a different delivery time if the delivery of a product consists of several shipments or parts: the calendar day on which the Consumer, or a third party designated by him, received the last shipment or the last part;
In the case of digital content that has not been delivered on a material carrier:
The Consumer cannot terminate a Contract for the supply of digital content which is not supplied on a tangible medium on the basis of the right of withdrawal because of the nature of the purchased product.
During the cooling-off period, the Consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point here is that the Consumer may only handle and inspect the product as he would be allowed to do in a shop.
The Consumer is only liable for any reduction in value of the product resulting from a way of handling the product that goes beyond what is permitted in paragraph 1. The Other party is not liable for any reduction in value of the product if
HypnoseMentor has not provided him with all legally requiredinformation about the right of withdrawal before or at the time of concluding the Agreement.
The aforementioned cooling-off period commences on the calendar day after the Consumer, or a third party designated by the Consumer in advance, which is not the forwarder, has received the product, or: if the Consumer has ordered several products in the same order: the calendar day on which the Consumer, or a third party designated by the Consumer, has received the last product.
If the Consumer makes use of his right of withdrawal, he shall notify HypnoseMentor within the cooling-off period by means of the model withdrawal form or in any other unequivocal manner.
As soon as possible, but within 14 calendar days from the day following the notification referred to in paragraph 1, the Consumer shall return the product, or hand it over to (an authorised representative of) the HypnoseMentor.
In any case, the Consumer has complied with the return period if he returns the product before the cooling-off period has expired.
The Consumer returns the product in proper packaging with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by HypnoseMentor.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Consumer.
The Consumer shall bear the direct costs of returning the product. If HypnoseMentor has not indicated that the Consumer must bear these costs, or if HypnoseMentor indicates that it bears the costs itself, the Consumer does not have to bear the costs of returning the product.
If the Consumer makes use of his right of withdrawal, all additional Agreements will be dissolved ipso jure.
6.2. In case of products:
After the date of registration a course can be cancelled free of charge within 14 calendar days. Furthermore, the course can be cancelled up to seven calendar days before commencement, whereby the participant has the right to a refund of the course fee with the exception of the amount of the deposit (if any) or enrolment fee, which will be charged as costs.
The Other Party shall report the cancellation for participation in the training course in writing within 14 calendar days.
6.3 Exclusion of cancellation rights
HypnoseMentor excludes the following services from the right of cancellation: – Services performed on a specific date or during a specific period, such as individual or group hypnosis sessions and training.
– Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
– The delivery of digital content other than on a tangible medium, but only if:
* the performance has started with the Consumer’s express prior consent; and the Consumer has declared that he thereby loses his right of withdrawal.
– Products and/or services whose price is subject to fluctuations on the financial market over which HypnoseMentor has no influence and which occur within the revocation period.
– Products and/or services that are already delivered within the cooling-off period with the consent of the Other Party.
– Products and/or services that cannot be returned due to their nature.
6.4. Obligations of HypnoseMentor in the event of cancellation
If HypnoseMentor has received the cancellation notice from the Consumer, it shall send an acknowledgement of receipt without delay upon receipt of this notice.
HypnoseMentor shall reimburse all payments made by the Consumer, including any delivery costs charged by HypnoseMentor for the returned product, without delay but within 14 calendar days following the day on which the Consumer notifies him of the revocation, but may wait until he has received the product or until the Consumer proves that he has returned the product, whichever is earlier.
Article 7 - Delivery and execution
HypnoseMentor will take the greatest possible care in receiving and executing orders for products and in assessing applications for the provision of services.
The place of delivery is the address that the Consumer has given HypnoseMentor.
HypnoseMentor shall execute accepted orders expeditiously but at the latest within 30 calendar days, unless another delivery period has been agreed upon. If delivery is delayed, or if an order cannot be carried out or can only be carried out in part, the Consumer shall receive notification of this no later than 30 calendar days after placing the order. In that case, the Consumer has the right to dissolve the Agreement free of charge and is entitled to any compensation. In that case, the Consumer has the right to dissolve the Agreement free of charge and is entitled to any compensation.
If a term has been agreed or specified for the delivery of the item or for the performance of certain work, this term is only indicative and should never be considered a deadline.
If HypnoseMentor requires data or instructions from the Other Party that are necessary for the delivery or execution of the Agreement, the delivery period and the execution period shall commence after the Other Party has provided these to HypnoseMentor.
If the term of delivery or execution is exceeded, the Other Party must declare HypnoseMentor in default in writing, giving HypnoseMentor a reasonable period of time to deliver the item or to execute the Agreement.
A notice of default is not necessary if the delivery or execution has become permanently impossible or it has otherwise become apparent that HypnoseMentor will not fulfil its obligations under the Agreement. If HypnoseMentor fails to deliver or execute within this period, the Other Party is entitled to dissolve the Agreement without judicial intervention and/or to claim damages.
In case of cancellation by HypnoseMentor, the amount already paid within 14 calendar days to Other party reimbursed. HypnoseMentor cannot be held responsible for costs incurred by the participant himself within the framework of the training, such as travel expenses, accommodation costs, etc.
Artikel 8 – Community
This provision shall apply to the Other Party in its capacity as a Member of the Community.
The Community is the Hypnosis Community website (https://hypnosecommunity.nl – in Dutch en/of https://hypnosiscommunity.nl – in English) to which the Member can log in in order to make use of information, audio’s, videos, e-books, member information, exchange forums in combination with other Members posted on https://hypnosecommunity.nl / https://hypnosiscommunity.nl.
The basic membership of the Hypnosis Community is free of charge. HypnoseMentor may decide to make certain parts of the website available to members or certain groups of members against payment or free of charge.
Membership is established through registration on the website. A paid membership is established by means of the membership payment or by giving the member’s payment details by telephone, e-mail or in writing.
HypnoseMentor has the right to refuse a potential member without giving any reason.
Minors require the express consent of their parent or guardian at all times.
It is not allowed to provide the login details to third parties and/or to use the login details of third parties.
Membership is always tacitly renewed until the moment of cancellation from HypnoseMentor or the member.
Cancelling a paid membership is always possible no later than one month before the end of the membership period. A membership with one payment per month can be cancelled before the end of the paid month. The cancellation is done in writing by e-mail to HypnoseMentor via e-mail email@example.com.
The Agreement is valid for the membership period and can not be terminated prematurely.
The member will be denied access to the Hypnose Community after termination or dissolution of the membership.
All information obtained by HypnoseMentor must be removed from all (computer) equipment or the (online) software managed by HypnoseMentor within 7 (seven) calendar days after the date of termination or dissolution. Unless stated otherwise in advance.
Outstanding payments will not be deleted after termination of membership and must at all times still be made within 3 months after termination.
8.2 Rights and obligations in the Community of HypnoseMentor
HypnoseMentor makes every effort to make the Community available at all times, but does not guarantee that the Community will be available at all times.
HypnoseMentor is not responsible for the content and quality of products and services offered by members, advertising, and the handling of sales, should they be offered by any means by appointment through the platform of the Community.
HypnoseMentor is not responsible for (commercial) agreements made between members.
HypnoseMentor reserves the right to make changes to the Community or membership. HypnoseMentor will endeavor to give prior notice of changes that limit the core functions of the Community, subject to a reasonable period of time, unless this is not reasonably or technically possible.
HypnoseMentor may improve the Community with enhancements that include new functionality. Extensions are automatically added to existing members and new members, unless otherwise stated. Extensions, improvements and modifications will, to the extent possible, be communicated through the Community.
HypnoseMentor provides an electronic newsletter in which members can be informed about the developments of the Community. Unless Member indicates that he or she does not wish to receive these, Member will receive these electronic newsletters during the term of the Agreement at the e-mail address provided during the registration process.
HypnoseMentor makes every effort, or with an involved party, to make (daily) backups of data used within the Community, but does not guarantee the availability of this data.
HypnoseMentor is not responsible for posted data by a member, even if this is an infringement of intellectual property rights of third parties.
HypnoseMentor is never responsible or liable for the content and/or information posted on the User’s profile page.
However, HypnoseMentor does reserve the right to remove data or messages when they may cause damage to the Community or others.
HypnoseMentor is not responsible for consequences arising from appointments, meetings, parties outside the Community which have been reported by a member within the Community.
HypnoseMentor is not responsible for the content of the digital products offered by third parties and only offers them for information purposes and HypnoseMentor may receive a commission on each sale of a digital product offered through the Community.
HypnoseMentor reserves the right to refuse a membership.
8.3. Rights and obligations in the Community of the Member
The member is responsible for his or her own data and created topics and reactions.
When entering into the Agreement, the member must provide the correct, current and complete (address) information which is requested from the member during the registration process.
Member should notify HypnoseMentor as soon as possible via e-mail of any changes to these data if they apply to the membership.
Member should behave according to normal manners and respectfully within the Community. In case of persistent disrespectful behavior, promises may be blocked, without entitlement to reimbursement of already paid membership fees or any compensation.
Member will not post any data in the Community that infringes the intellectual property rights of third parties.
Member is obliged to cooperate with registration, data provision or any other issue from HypnoseMentor towards the member.
Member chooses to purchase a digital product from third parties and is aware that these are not necessarily products of HypnoseMentor itself.
The Boards and Groups are not intended for personal advertising of Members. Such expressions may be removed. Such expressions may be removed.
Hypnose Community reserves the right to remove messages and cancel membership if the conditions of use are ignored.
The Boards are not intended for the exchange of professional information between hypnotherapists.
However, the Groups can be used for the exchange of course information between hypnotherapists. n.
On each community there is a special page with community terms and conditions where additions can be placed with regard to these General Terms and Conditions and of which the members are expected to comply.
Hypnosis Community reserves the right to remove inappropriate messages.
8.4 Intellectual property rights Community
Member should check access to the Community for functionality and accuracy immediately upon receipt of login details. The Member may contact HypnoseMentor by email if something is incorrect about the Member’s Membership.
HypnoseMentor is not responsible for the non-accessible period after Member has made payment. However, HypnoseMentor always strives for full access and proper functioning of the Community.
HypnoseMentor is responsible for the soundness of the service it provides in accordance with what Member may reasonably expect on the basis of membership.
HypnoseMentor is not responsible for defects due to design and/or programming errors of the Community, however, HypnoseMentor always strives for full and complete operation of the Community.
All intellectual and industrial property rights relating to the website, the Community and other services, and to everything HypnoseMentor develops, manufactures or provides, including software, knowledge programs, texts, designs, videos and images, belong to HypnoseMentor.
The member is not permitted to remove or change any indication of trademarks, trade names, copyrights or other intellectual or industrial property rights.
Member is not permitted to copy, reproduce or in any other way reproduce, translate, adapt, copy, modify or reconstruct the service or any part thereof.
Membership of the member is not transferable, unless otherwise agreed in writing with HypnoseMentor.
8.5 Privacy and data
HypnoseMentor respects the member’s privacy. HypnoseMentor will process the member’s personal data in accordance with the applicable privacy regulations and with the privacy statement included on the website www.hypnosementor.nl.
The member agrees to this processing of his/her personal data.
HypnoseMentor will never sell a member’s personal data to third parties, provided that this concerns the entire Community in the event of a company takeover and HypnoseMentor will inform the member in advance.
Data provided by member are processed in a secure hosting environment that complies with European standards and legislation.
Member is responsible for the data provided by him in the Community.
Members are asked to register under their own name and not with a pseudonym. The profiles are shielded from the public internet as much as possible, but are visible after logging in for the entire Community. We believe privacy is important and people may have legitimate reasons to block their personal data. We have tried to do this as well as possible in relation to the public internet, but given the open community we want to be.
HypnoseMentor cannot be held responsible if, due to causes outside HypnoseMentor, there are changes that inadvertently put profile data on the public internet.
Article 9 – Conditions Session agreements
This provision only applies to the Session Agreements concluded between HypnoseMentor (referred to in this provision as: ‘Care provider’) and the Other Party.
General Terms and Conditions of a Other Party, however stated or referred to, do not apply to the legal relationship between the parties and will be rejected in advance by GAT.
9.2. Acceptance of assignments
All offers from the healthcare provider are free of obligation and revocable, even if they specify a period to which the offer applies. In the case of verbal provision of information, an offer is only deemed to have been made as soon as it has been confirmed in writing by the healthcare provider.
An Session Agreement is concluded by a written acceptance of the price agreement by the Other Party or a verbal confirmation. If changes are made by the Other Party, the Agreement shall not be concluded until the Care provider has agreed to such changes in writing.
A Session Agreement may concern both individual treatment and a course of treatment.
9.3. Duration of session Agreement and dissolution
Unless stipulated otherwise in the Session Agreements, this is entered into for the duration of a trajectory or individual treatment. At the end of the agreed contract period, the Agreement may be extended (also tacitly) in consultation between both parties.
Each of the parties is entitled, without prejudice to their right to compensation for costs, damage and interest, to dissolve the Session Agreements with immediate effect by registered letter, without judicial intervention if:
– The Other Party has not fulfilled one or more of its obligations and fails to fulfil its obligations within a period set for fulfilment by registered letter, unless the failure(s) is (are) of such a nature or minor significance that it does not reasonably justify dissolution.
– For the Other Party bankruptcy or suspension of payment is applied for or granted, or measures are taken that indicate termination or cessation of the company.
Any right of the Other party to offset his claims against the healthcare provider against any claims of the Other party against the healthcare provider is expressly excluded. The Care provider has at all times the right and authority to set off any claims it has against the Care provider against any claims it may have against the Care provider.
Cancellation of agreements arising from an Session Agreement must take place no later than 48 hours before the agreed time.
For cancellation of appointments the following cancellation conditions apply:
– If cancelled up to 48 hours before the start, the Other Party does not owe any costs
– In the event of cancellation 24 hours before the start of a consultation, the Other Party will owe 50% of the amount of the appointment.
-In the event of cancellation within 24 hours before the start of a consultation, the Other Party will owe 100% of the amount of the appointment.
If a consultation is postponed to a later date at the request of the Other Party, the Other Party will not owe any costs in the event of postponement up to 48 hours before the start of the appointment, within 48 hours before the start of the appointment 50% of the amount for the appointment and within 24 hours before the start of the appointment the full amount.
If cancellation does not take place or takes place too late, the Care provider is entitled to charge for the relevant service(s), without prejudice to the right to payment of all costs incurred by him/her.
The Care provider is reasonably entitled to change an appointment that has already been scheduled.
9.5. Confidentiality, file management and right of viewing
The care provider will treat all information concerning the Other Party that it obtains in the performance of its services confidentially and will not disclose this information to third parties, except to the extent that the Care provider is obliged to do so or the Care provider has obtained permission to do so.
The Care provider will impose a confidentiality obligation on its employees and any third parties engaged in the performance of services.
The Care provider will provide reports on treatment/treatment processes at the request of the other party with due observance of the AVG (GDPR).
9.6. Force majeure
If the care provider is unable to fulfil its obligations under the Session Agreements, or is unable to fulfil them on time or properly due to a cause that cannot be attributed to it, including (but not limited to): stagnation in the regular course of affairs within the organisation of the care provider, illness of (one of) the persons charged with the execution of the Session Agreements, etc., the obligations of the care provider will be suspended until such time as it is able to fulfil those obligations.
9.7. Invoicing and payment
All prices are in Euros (€). All prices are inclusive of V.A.T. / sales tax, unless it is explicitly stated that this is not included.
Services for the private Other Party must be paid immediately after the service to the therapist against consultation of an invoice.
Services for the Other Party, not being private persons, will already be invoiced by the care provider by means of an invoice.
Invoicing takes place on the basis of the rates and numbers of services agreed between the parties at the start of the provision of services.
Unless otherwise agreed in writing, the customer must pay to the care provider within 14 calendar days after the invoice date, without any recourse to settlement.
If one or more price invoices are increased after the date of conclusion of the Session Agreements, the care provider is entitled to increase the agreed price accordingly.
The care provider is entitled to increase the agreed price each year.
If there is a trajectory, parties run a payment in installments in writing.
In case of transfer of the payment term, the customer is in default without notice of default being required. The care provider is entitled to suspend its obligations to provide services with effect from the date on which the payment term has expired. The care provider will inform the customer in a timely manner of the aforementioned suspension of its services. The customer will owe statutory interest on the outstanding amount as of the aforementioned date.
Furthermore, all extrajudicial collection costs are for the account of the Other Party. Collection costs include the costs of lawyers, bailiffs and collection agencies, determined in accordance with the applicable or customary rates.
In the execution of the care provider’s services there is an obligation to perform to the best of one’s abilities.
The Care provider does not provide a (medical) guarantee in any way nor is it liable in any way for (medical) complications that occur at the time or after implementation of the service at the customer, which are not due to a serious shortcoming of the Care provider.
The care provider is in no way liable for consequential damages.
The care provider is not liable for damages resulting from the fact that the customer has not followed oral or written advice by the care provider.
The liability of the care provider for damages resulting from the use of non-subordinate services is limited to a maximum of the cost of treatment.
In all cases, any liability of the care provider is limited to the amount billed to the Other Party, or to a maximum of the amount covered by the care provider’s liability insurance.
The care provider is in no way liable for the quality and composition of the accessories, supplements, medication etc. it recommends.
9.9. Applicability of law and disputes
The care provider’s services are governed by Dutch law.
In disputes arising out of or in connection with the care provider’s services, only the court is competent to take cognizance of this dispute.
The copyright applies to the text on the terms and conditions of session agreements ofhttps://gatgeschillen.nl.
Article 10 – Payment
With regard to the Other Party in its capacity as Consumer, the prices and rates are expressed in euros, including VAT and other government levies, unless stated otherwise.
The prices of the training courses are net for customers not subject to VAT in connection with VAT exemption. The statutory VAT is passed on to companies subject to VAT.
With regard to the Other Party in its capacity as a Company, the prices and rates are expressed in euros, exclusive of VAT and other government levies, unless stated otherwise.
Payment shall be made by transfer to a bank account designated by HypnoseMentor or in cash at the time of purchase or delivery, unless otherwise agreed. Transfer will take place by means of an invoice or transfer.
Subsequent payment must be made within 14 calendar days of the invoice date, in a manner to be indicated by HypnoseMentor and in the currency in which the invoice was made, unless agreed otherwise.
The Other Party is not entitled to deduct any amount due on account of a counterclaim lodged by it.
In case of an Agreement to provide a service, this term shall commence on the day after the Other Party has received the confirmation of the Agreement.
If, when attending a vocational training course, the Other Party is given the opportunity to pay in instalments, the Other Party will enter into the obligation to pay all instalments.
The Other Party is obliged to report any inaccuracies in the payment details provided or stated to the HypnoseMentor without delay.
Other party of hypnosis sessions pay immediately after the session. If an invoice is sent in consultation, a payment term of 14 calendar days applies. In the event of an invoice being sent in consultation, a payment period of 14 calendar days applies.
If the Other party does not meet its payment obligation(s) on time, after HypnoseMentor has drawn its attention to the late payment and HypnoseMentor has given the Other party a period of 14 calendar days to still meet its payment obligations, after the failure to pay within this 14-calendar-day period, the Other party shall owe the statutory interest on the amount still due and HypnoseMentor shall be entitled to charge the extrajudicial collection costs it has incurred.
These collection costs shall amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the following € 2,500 and 5% on the following € 5,000 with a minimum of € 40. HypnoseMentor may deviate from the aforementioned amounts and percentages to the benefit of the Consumer/customer.
In the event of bankruptcy, suspension of payments or receivership, the receivables of HypnoseMentor and the obligations of the Other party towards HypnoseMentor are immediately due and payable.
Article 11 – Dissolution
If the Other party does not, not fully, not on time or not properly fulfil an obligation under the Agreement, HypnoseMentor is entitled to dissolve the Agreement with immediate effect, unless the shortcoming does not justify the dissolution in view of its minor importance.
Furthermore, HypnoseMentor is authorized to dissolve the Agreement with immediate effect if:
– after the conclusion of the HypnoseMentor Agreement, circumstances have come to light that give good reason to fear that the Other Party will not fulfil its obligations;
– at the conclusion of the Agreement, the Other Party was requested to provide security for the fulfilment of its obligations under the Agreement and this security is lacking or insufficient;
– due to the delay on the part of the Other Party, HypnoseMentor can no longer be expected to fulfil the Agreement under the originally agreed conditions;
– circumstances arise which are of such a nature that fulfilment of the agreement is impossible or that unaltered maintenance of the agreement cannot reasonably be required of HypnoseMentor;
– the Other party is declared bankrupt, submits a petition for suspension of payment, requests the application of the debt rescheduling of natural persons, is confronted with an attachment of all or part of its property;
– the Other Party is placed under guardianship;
– the Other Party dies.
Termination shall be effected by means of written notification without judicial intervention.
If the Agreement is dissolved, HypnoseMentor’s claims against the Other Party shall be immediately due and payable.
If HypnoseMentor dissolves the Agreement on the basis of the foregoing grounds, HypnoseMentor is not liable for any costs or compensation
If the dissolution is attributable to the Other Party, the Other Party is liable for the damage suffered by HypnoseMentor.
Article 12 – Suspension
If the Other party does not, does not fully or does not timely fulfil an obligation arising from the Agreement, HypnoseMentor has the right to suspend the observance. In case of partial or improper fulfilment, suspension is only allowed, insofar as the shortcoming justifies it.
Furthermore, HypnoseMentor is entitled to suspend the fulfilment of the obligations if:
– after the conclusion of the HypnoseMentor Agreement, circumstances have come to light that give good reason to fear that the Other Party will not fulfil its obligations;
– at the conclusion of the Agreement, the Other Party was requested to provide security for the fulfillment of its obligations under the Agreement and this securityis lacking or insufficient;
– circumstances arise of such a nature that fulfilment of the Agreement is impossible or thatunaltered maintenance of the Agreement cannot reasonably be demanded of HypnosisMentor.
HypnoseMentor reserves the right to claim damages.
Article 13 – Force majeure
A shortcoming cannot be attributed to HypnoseMentor or the Other Party, as the shortcoming is not due to his fault, nor by virtue of law, legal act or generally accepted views. In this case, the parties are also not obliged to fulfill the obligations arising from the Agreement.
In these General Terms and Conditions, force majeure is understood to mean, in addition to what is understood in that respect in law and jurisprudence, all external causes, foreseen or unforeseen, on which HypnoseMentor has no influence and as a result of which HypnoseMentor is unable to fulfil its obligations.
Force majeure circumstances include: a shortcoming of the external hosting providers and suppliers of HypnoseMentor, interruptions or deposits in the power and/or telecommunication facilities, Denial of Services (DoS) attacks, obstructions as a result of the hardware and software used by the member or the technical infrastructure used by the member. exclusion, fire, water damage, natural disasters or other external calamities, mobilisation, war, traffic obstructions, blockades, import or export restrictions or other government measures, stagnation or delay in the supply of raw materials or machine parts, as well as any circumstance as a result of which the normal course of business is impeded as a result of which the fulfilment of the Agreement by HypnoseMentor cannot reasonably be demanded of the Other Party. exclusion, fire, water damage, natural disasters or other out-of-the-world disasters, mobilisation, war, traffic barriers, blockades, entry or export barriers or other government measures, stagnation or delay in the supply of raw materials or machine parts, as well as any circumstance, which impedes normal movements in the holding as a result of which hypnosismentor’s compliance with the Agreement should reasonably not be required of the Re-Party.
In the event of force majeure, the parties are not obliged to continue the Agreement, nor are they obliged to pay any compensation.
Both HypnoseMentor and the Other Party may suspend the obligations under the Agreement in whole or in part during the period that the force majeure continues. If this period lasts longer than two months, both parties are entitled to dissolve the Agreement with immediate effect, by means of written notification, without judicial intervention, without the parties being able to claim any compensation.
If the force majeure situation is of a temporary nature, HypnoseMentor reserves the right to suspend the agreed performance for the duration of the force majeure situation. In case of permanent force majeure, both parties are entitled to terminate the Agreement extrajudicially.
If HypnoseMentor at the time of the occurrence of force majeure has already partially fulfilled its obligations under the Agreement or will be able to fulfil them, and the fulfilled or to be fulfilled part has independent value, HypnoseMentor is entitled to invoice the already fulfilled or to be fulfilled part separately. The Other party is obliged to pay this invoice as if it were a separate Agreement.
Article 14 – Compliance agreement and additional warranty
HypnoseMentor guarantees that the products and/or services comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement.
An additional guarantee provided by HypnoseMentor, its supplier, manufacturer or importer never restricts the legal rights and claims that the Consumer may assert against HypnoseMentor under the Agreement if HypnoseMentor has failed to comply with its part of the Agreement.
Under additional guarantee is understood any commitment of HypnoseMentor, its supplier, importer or producer in which it grants the Consumer certain rights or claims that go beyond what the Consumer is legally obliged to in case he has failed in the fulfilment of his part of the Agreement.
Article 15 – Complaints procedure
HypnoseMentor strives for clarity and openness in the communication that takes place with the Other Party and is involved in complying with all provisions of Agreements. Questions and suggestions for improvement are carefully considered. Questions and suggestions for improvement are carefully considered.
The complaints regulations are intended to indicate how HypnoseMentor deals with a complaint.
A complaint is an expression of dissatisfaction with the delivery of a product, service, training or hypnosis session or the way in which it has been treated by someone employed by HypnoseMentor.
A complaint will be treated confidentially in accordance with the complaints regulations set out below.
If the Other Party has not completely or partially fulfilled its payment obligation, HypnoseMentor will not deal with the complaint of the Other Party.
Only when HypnoseMentor has received the payment, the complaint will be handled.
15.1. Complaints Mechanism for Digital and Physical Products
Complaints about the execution of the Agreement must be submitted to HypnoseMentor fully and clearly described within a reasonable time after the Other Party has discovered the defects.
Complaints submitted to HypnoseMentor shall be answered within 14 calendar days from the date of receipt. If a complaint requires a foreseeable longer processing time, HypnoseMentor will respond within the period of 14 calendar days with an acknowledgement of receipt and an indication of when the Other Party can expect a more detailed response.
If the complaint cannot be resolved in mutual consultation within a reasonable period of time or within 3 months after it has been submitted, Dutch law shall apply.
For the Other Party in its capacity as Consumer, a period of two months always applies when discovering visible and non-visible defects, as referred to in Article 7:23 of the Dutch Civil Code.
15.2 Complaints procedure concerning training courses
HypnoseMentor is obligated to handle complaints arising from the training courses under the trade name HypnoseMentor and/or OMNI Hypnosis Training Center® Netherlands and which are not given for Consumer or customer to come to a satisfactory solution within 30 calendar days to report to the Headquarters of OMNI Hypnosis Training Center® in Zurich/Switzerland. OMNI Hypnosis Training Center® Zurich/Switzerland will then issue a binding opinion to to resolve the complaint.
Article 16 – Liability
The performance of the Agreement is entirely at the risk and responsibility of the Other Party.
HypnoseMentor is only liable for direct damage caused by deliberate recklessness or intent on the part of HypnoseMentor. Direct damage is to be understood exclusively:
– material damage to the property of the Other Party;
– reasonable costs incurred by the Other Party to determine the liability and (the extent of the direct) damage;
– reasonable costs which the Other Party has reasonably incurred, and could and should reasonably have incurred, to prevent or limit the damage, insofar as the Other Party demonstrates that these costs have led to a limitation of the direct damage;
– reasonable costs that the Other Party has reasonably incurred to obtain settlement out of court, as referred to in Article 6:96 paragraph 1 (c) of the Dutch Civil Code.
HypnoseMentor is never liable for indirect damage, including in any case consequential damage, loss of profit, missed savings, business stagnation or immaterial damage of the Other Party. In the case of Consumer Purchase, this limitation does not extend beyond what is permitted pursuant to Article 7:24 paragraph 2 of the Dutch Civil Code.
The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of HypnoseMentor or its executive subordinates.
HypnoseMentor shall not be liable in the event of force majeure, meaning external causes which cannot be foreseen and over which Hypnosementor has no influence and which prevent HypnoseMentor from fulfilling its obligations such as illness, fire, operational and technical disruptions concerning the location of training.
Hypnosementor is not liable for mutilation, destruction, theft or loss of data or documents.
The Other party must report the damage for which HypnoseMentor can be held liable to HypnoseMentor as soon as possible, but in any case within 10 calendar days after the occurrence of the damage, under penalty of forfeiture of any right to compensation of this damage.
Any liability is limited to the amount paid out by the professional liability insurer, increased by the amount of the deductible mentioned in the policy. If, for any reason whatsoever, the professional liability insurance company does not pay out, HypnoseMentor’s liability shall in any event be limited to the fee charged three times in the year in question and paid by Consumer/Client, up to a maximum of €1000. Liability for oral, not written advice is entirely excluded. Any liability of the Other party for damage caused as a result of insufficient or incorrect information provided to it by or on account of HypnoseMentor is excluded.
Any liability of the Other Party for damages arising from insufficient or incorrect information provided to her by or because of HypnosisMentor is excluded.
If desired, a copy of the insurance policy will be made available. Without prejudice to the provisions of article 6:89 of the Dutch Civil Code, any right of collection shall in any case lapse 12 months after the date on which the liability should reasonably have arisen and (if that cannot be determined) 2 years after the date of the last invoice. The provisions of this article also apply to HypnoseMentor if a third party (also) claims damages in connection with a service provided by HypnoseMentor to the Other Party. HypnoseMentor has professional liability insurance.
Article 17 Indemnification
The Other Party indemnifies HypnoseMentor against any claims from third parties, who suffer damage in connection with the execution of the Agreement and which is attributable to the Other Party.
If HypnoseMentor should be held liable by third parties, the Other Party shall be obliged to assist HypnoseMentor both out of court and in court. All costs and damages on the part of HypnoseMentor and third parties shall furthermore be at the expense and risk of the Other Party.
Article 18 – Period of limitation
All claims against HypnoseMentor and third parties engaged by HypnoseMentor (if any) are subject to a limitation period of one year, contrary to the statutory limitation periods.
The foregoing does not apply to claims based on the failure of the delivered item to comply with the Agreement. In this case, the claims shall lapse two years after the Other Party has informed HypnoseMentor of the defect of the delivered good.
Article 19 – Copyright statement and intellectual property
The Other Party participating in a training course may be asked to sign a copyright statement, whereby the Other Party explicitly signs that the training material received in whatever form is the intellectual property of HypnoseMentor or other interested parties and that duplication of the material in whatever form is not permitted.
HypnoseMentor reserves the rights and powers vested in it by virtue of the Copyright Act and other intellectual laws and regulations HypnoseMentor reserves the right to use any increased knowledge resulting from the execution of the work for other purposes, insofar as no confidential information is disclosed to third parties.
Article 20 - Privacy
The data and information provided by the Other party to HypnoseMentor will be kept carefully and confidentially by HypnoseMentor.
HypnoseMentor may use the Other Party’s personal data solely and exclusively in the context of fulfilling its obligation to deliver or handling a complaint.
HypnoseMentor is not permitted to lend, rent out, sell or in any way disclose the personal details of the Other Party.
If on the basis of a legal provision or a judicial decision HypnoseMentor is obliged to provide confidential information to third parties, and HypnoseMentor cannot invoke a legal or by the competent court recognized or permitted right to refuse to give evidence, then HypnoseMentor is not obliged to pay damages or compensation.
Furthermore, the Other Party is not entitled to dissolve the Agreement on the grounds of any damage caused by this.
The Other party agrees that HypnoseMentor will approach the Other party for statistical research or customer satisfaction research. If the Other Party does not wish to be approached for research, the Other Party may make this known.
HypnoseMentor reserves the right to use the Other Party’s other data anonymously for (statistical) research and database purposes.
Article 21 - Further provision regarding digital content
The Other Party purchasing digital content in the form of an audio, video or text file, or making use of downloaded files or streaming content, whether or not on a carrier, expressly agrees that the digital content is exclusively intended for personal use and will not copy it in order to distribute, sell or otherwise make it available to third parties.
Article 22 - Amendments to the General Terms and conditions
HypnoseMentor has the right to unilaterally amend these General Terms and conditions.
Changes will also apply to Agreements already concluded.
HypnoseMentor will inform the Other Party of the changes by e-mail.
The amendments to the General Terms and Conditions will take effect after 30 calendar days after the Other Party has been informed of the amendments.
If the Other Party does not agree with the announced changes, the Other Party has the right to dissolve the Agreement.
If a change has taken place, this will be announced on the General
Terms and Conditions webpage by means of an amended version date or under a relevant download link.
As far as the Community is concerned, if a member does not wish to accept the changes in the General Terms and Conditions, he has the right to terminate the Agreement as of the date on which the changed General Terms and Conditions become effective, without HypnoseMentor being obliged to compensate any costs or damages. In case of a paid membership, the contribution will be refunded pro rata.
Article 23 Applicable law and disputes
All legal relationships to which HypnoseMentor is a party are governed exclusively by Dutch law. This also applies if an obligation is carried out wholly or partly abroad or if the Other Party has its domicile abroad.
The applicability of the Vienna Sales Convention is excluded.
Disputes between HypnoseMentor and the Other Party shall exclusively be submitted to the competent court in the district of Zeeland-West-Brabant, unless the law imperatively prescribes otherwise.
Annex I: Model form for withdrawal
Model form for recall
(enter and return this form only when you want to revoke the agreement)
1043 EJ Amsterdam
I/We* share/share* you hereby, that I/we* our agreement on
the sale of the following products:
the delivery of the [aanduiding digitale inhoud] following digital content: *
operation of the following [aanduiding dienst] service: *,
Ordered on*/received [datum bestelling bij diensten of ontvangst bij producten] on* – [Name consumers(s)/customer]– [Consumer Address(s)][Consumer Signature(s)] (only when this form is submitted on paper)
* Strike out what does not apply or fill in what applies.
* This is a translation of the Dutch Algemene Voorwaarden (General Terms and Conditions) of HypnoseMentor. In case of a dispute the Dutch version has precedence and are registered at the Chamber of Commerce.