Practice Marquesa

General terms and conditions
Chamber of Commerce 14123358
Retrieved 1 June 2016

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Article 1. Definitions

In these general terms and conditions, the following definitions shall apply:
Practice Marquesa: Practice energetic guidance Marquesa, sole proprietorship with trade register number 14123358;
Client: The buyer who purchases products from Practice Marquesa or client who commissions services, takes out a subscription and/or makes an offer;
Buyer: buyer means the consumer or business customer buying a product;
Client: Client means the consumer or business customer who commissions services, takes out a subscription and/or provides a quotation;
Consumer: the natural person who does not act in the exercise of profession or business and enters into an agreement (at a distance) with Practice Marquesa;
Remote agreement: an agreement concluded between the trader and the consumer within the framework of an organised distance sales system for products, digital content and/or services, which, up to and including the conclusion of the agreement, makes exclusive or joint use of one or more means of distance communication;
Durable data medium: any means that enables the consumer or Practice Marquesa to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Remote communication technology: means that can be used to conclude an agreement, without the consumer and Practice Marquesa having met simultaneously in the same room.
The fee: the financial remuneration agreed by Praktijk Marquesa with the client for the execution of the assignment;
Agreement or assignment: Under agreement or assignment is understood the agreement in the sense of article 7:400 Civil Code, whereby Praktijk Marquesa undertakes towards client to provide certain services. The effect of articles 7:404 Civil Code (which provides a regulation in case it is the intention that an assignment is carried out by a certain person) and 7:407 paragraph 2 Civil Code (which establishes joint and several liability in case an assignment is given to two or more persons) is excluded;
Writtenwritten also includes by e-mail, fax or any other means of communication which, in view of the state of the art and generally accepted standards, can be equated with it.
Operations: all activities commissioned or performed by Praktijk Marquesa from other heads, directly related to the agreement or offer .
Reflection period: the period within which the client can exercise his right of withdrawal;
Right of withdrawal: Customer's option to waive the distance contract within the cooling-off period.
Model form: The model withdrawal form that Practice Marquesa provides that Client can fill in when he wants to use his right of withdrawal (This form is attached as Annex 1 to these general terms and conditions).

Article 2. Identity of the entrepreneur

Marquesa energetic guidance practice
Achter de Barakken 7, 6211 RZ Maastricht
Phone number: 06-22491535
Marquesa@home.nl
Chamber of Commerce no: 14 12 33 58
VAT no: NL. 1576.06.922.B.01

Article 3. General

1. These terms and conditions apply to any quotation, offer, subscription, product, agreement or assignment between client and Praktijk Marquesa, including all supplementary and follow-up assignments, insofar as the parties have not expressly deviated from them in writing.
2. These conditions also apply to any distance agreement concluded between Practice Marquesa and client.
3. Before the distance agreement is concluded, the text of these general conditions shall be made available to the client. If this is not reasonably possible, Praktijk Marquesa shall, before the distance agreement is concluded, indicate in what way the general terms and conditions can be inspected at Praktijk Marquesa and that they will be sent free of charge as soon as possible upon client's request.
4. If the distance agreement is concluded electronically, notwithstanding the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may be made available to the client electronically in such a way that the client can easily store them on a durable data carrier. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the Customer's request.
5. Under assignment is understood the agreement within the meaning of article 7:400 of the Dutch Civil Code, whereby Praktijk Marquesa commits towards client to perform certain services.
6. These general terms and conditions are also written for the employees of Praktijk Marquesa and these terms and conditions also apply to agreements with Praktijk Marquesa where for the execution by Praktijk Marquesa third parties need to be involved.
7. The applicability of any terms and conditions of the client is expressly rejected.
8. If one or more stipulations in these general terms and conditions should at any time be wholly or partly void or nullified, the other stipulations in these general terms and conditions shall remain fully and completely applicable. In consultation between Praktijk Marquesa and client, the stipulation concerned will be replaced immediately by a stipulation that approaches the purport of the original stipulation as much as possible.
9. Uncertainties about the interpretation or content of one or more provisions of the general terms and conditions or situations not provided for in these general terms and conditions shall be interpreted 'in the spirit' of these general terms and conditions.
10. If Praktijk Marquesa does not always require strict compliance with these general terms and conditions, this does not mean that the provisions of these general terms and conditions do not apply, or that Praktijk Marquesa would to any extent lose the right to require strict compliance with the provisions of these general terms and conditions in other cases.
11. Practice Marquesa is entitled to amend or supplement the general terms and conditions. Changes of minor importance can be made at any time. Major substantive changes will be discussed (in advance) with client.

Article 4. The agreement

1. Subject to the provisions of paragraph 4, the agreement shall come into effect at the moment the client accepts the offer and fulfils the conditions thereby stipulated. By using the services of Praktijk Marquesa and/or placing an order, Client accepts the general terms and conditions as well as all other rights and obligations as stated on the website.
2. If client has accepted the offer electronically, Praktijk Marquesa shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Praktijk Marquesa, Client may dissolve the agreement.
3. If the agreement is concluded electronically, Praktijk Marquesa shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a safe web environment. If Client can pay electronically, Praktijk Marquesa will observe appropriate safety measures.
4. Practice Marquesa can, within legal frameworks, inform itself whether Client can fulfil his payment obligations, as well as of all those facts and factors that are important for a sound conclusion of the distance agreement. If Praktijk Marquesa has good grounds on the basis of this investigation not to enter into the agreement, it shall be entitled to refuse an order or application or to attach special conditions to the execution, while stating its reasons.
5. At the latest upon delivery of the product, service or digital content, Practice Marquesa shall send the following information to the client, in writing or in such a way that it can be stored by the client in an accessible manner on a durable data carrier:
o the visiting address of the branch of Practice Marquesa where client can address complaints;
o the conditions under which and the manner in which the Customer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
o the information on warranties and existing after-sales service;
o the price including all taxes of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;
o the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
o if client has a right of withdrawal, the model withdrawal form.
6. In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.

Article 5. Right of withdrawal

By products:

1. Client may dissolve an agreement regarding the purchase of a product during a 14-day reflection period without giving reasons. Practice Marquesa may ask Client for the reason for withdrawal, but may not oblige Client to give his reason(s).
2. The cooling-off period mentioned in paragraph 1 starts on the day after the Customer, or a third party designated in advance by the Customer, who is not the carrier, has received the product, or:
o if Client ordered several products in the same order: the day on which Client, or a third party designated by Client, received the last product. Practice Marquesa may, provided it has clearly informed Client about this prior to the ordering process, refuse an order of multiple products with different delivery times.
o if the delivery of a product consists of several shipments or parts: the day on which the Customer, or a third party designated by him, received the last shipment or part;
o for agreements for regular delivery of products during a certain period: the day on which the Customer, or a third party designated by him, received the first product.

In the case of services and digital content not provided on a tangible medium:

3. Client may cancel a service agreement and an agreement for delivery of digital content not delivered on a tangible medium for 14 days without giving reasons. Practice Marquesa may ask Client for the reason for revocation, but may not oblige Client to give his reason(s).
4. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended cooling-off period for products, services and digital content not supplied on a tangible medium in case of failure to inform about right of withdrawal:
5. If Praktijk Marquesa has not provided Client with the legally required information on the right of withdrawal or the model withdrawal form, the cooling-off period shall expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
6. If Praktijk Marquesa has provided Client with the information referred to in the previous paragraph within 12 months from the effective date of the original reflection period, the reflection period expires 14 days after the day Client received that information.

Article 6. Client's obligations during the reflection period

1. During the reflection period, the Customer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The starting point here is that Customer may only handle and inspect the product as he would be allowed to do in a shop.
2.Customer is only liable for depreciation of the product resulting from a way of handling the product that goes beyond what is allowed in paragraph 1.
3.Client is not liable for depreciation of the product if Praktijk Marquesa did not provide him with all legally required information on the right of withdrawal before or at the conclusion of the agreement.

Article 7. Exercise of the right of withdrawal by client and costs thereof

1. If client uses his right of withdrawal, he shall notify Praktijk Marquesa within the withdrawal period by means of the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the client shall return the product, or hand it over to (an authorised representative of) Praktijk Marquesa. This is not required if Praktijk Marquesa has offered to collect the product himself. The Client has in any case complied with the return period if he returns the product before the cooling-off period has expired.
3. Client shall return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by Praktijk Marquesa.
4. If Client has caused wear and tear and damage to the product by trying it out, Client must compensate Praktijk Marquesa for this use and the resulting damage and wear. Praktijk Marquesa can at all times (partially) settle this with the amount to be refunded.
5. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with Client.
6. Client shall bear the direct costs of returning the product, whereby Praktijk Marquesa will inform Client of the amount of the costs.
7. If Client revokes after having first expressly requested that the performance of the service start during the withdrawal period, Client shall owe Praktijk Marquesa an amount proportional to that part of the commitment fulfilled by Praktijk Marquesa at the time of revocation, compared to the full fulfilment of the commitment.
8. Client shall not bear any costs for the performance of services, not made ready for sale if:
o Practice Marquesa has not provided Client with the legally required information on the right of withdrawal, cost reimbursement for withdrawal or the model withdrawal form, or;
o Client has not expressly requested the commencement of performance of the service during the cooling-off period.
9. The Customer shall not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium if:
o prior to its delivery, he has not expressly consented to the commencement of the performance of the contract before the end of the cooling-off period;
o he has not acknowledged losing his right of withdrawal when giving his consent; or
o the entrepreneur has failed to confirm this statement by the client.
10. If client exercises his right of withdrawal, all additional agreements shall be dissolved by operation of law.

Article 8. Obligations of Practice Marquesa in case of withdrawal

1. If Praktijk Marquesa enables the client's notification of withdrawal by electronic means, it shall send a confirmation of receipt of this notification without delay upon receipt.
2. Practice Marquesa shall refund all payments of client, including any delivery costs charged by Practice Marquesa for the returned product, immediately but within 14 days following the day client notifies her of the withdrawal. Unless Praktijk Marquesa offers to collect the product herself, she may wait with repayment until she has received the product or until client proves that he has returned the product, whichever time is earlier.
3. Practice Marquesa shall use the same means of payment that Client has used for reimbursement, unless Client agrees to another method. The refund will be free of charge for Client.
4. If client has chosen a more expensive method of delivery than the cheapest standard delivery, Practice Marquesa does not have to refund the additional costs for the more expensive method.

Article 9. Exclusion of right of withdrawal

Praktijk Marquesa can exclude the following products and services from the right of withdrawal, but only if Praktijk Marquesa has clearly mentioned this in the offer, or at least in good time before concluding the agreement:
1. Products or services whose price is subject to fluctuations in the financial market over which Praktijk Marquesa has no influence and which may occur within the withdrawal period;
2. Agreements concluded during a public auction. A public auction means a method of sale in which products, digital content and/or services are offered by Practice Marquesa to client who is personally present or is given the opportunity to be personally present at the auction, under the guidance of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service agreements, after full performance of the service, but only if:
o Performance has commenced with the express prior consent of the client; and
o Client has stated that he loses his right of withdrawal once Practice Marquesa has fully executed the agreement;
4. Package holidays as referred to in Article 7:500 of the Civil Code and passenger transport agreements;
5. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, carriage of goods, car rental services and catering;
6. Contracts relating to leisure activities, if the contract provides for a specific date or period of performance thereof;
7. Products manufactured according to customer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the customer, or which are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
10. Products which, after delivery, are by their nature irrevocably mixed with other products;
11. Alcoholic beverages whose price has been agreed upon at the conclusion of the contract, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
12. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
13. Newspapers, periodicals or magazines, excluding subscriptions thereto;
14. The supply of digital content other than on a tangible medium, but only if:
o Performance has commenced with the express prior consent of the client; and
o Client has declared that he thereby loses his right of withdrawal.

Article 10. Quotations and offers

1. Every quotation or offer of Praktijk Marquesa is without engagement with an acceptance period of fourteen days mentioned in the quotation. No rights can be derived in any way from the quotation or offer if the service to be provided is no longer available in the meantime.
2. Practice Marquesa cannot be held to its quotation or offer if Client can reasonably understand that (a part of ) the quotation or offer contains an obvious mistake or clerical error.
3. The prices stated in the quotation or offer are inclusive of VAT.
4. Practice Marquesa will only provide services in accordance with what is included in the offer or quotation.
5. Offers or quotations do not automatically apply to future corresponding orders.

Article 11. Contract duration; performance deadlines, risk/transfer, performance and amendment of agreement; price increase.

1. Unless otherwise agreed in writing, all assignments are accepted exclusively as a best-efforts obligation for Praktijk Marquesa, which is therefore obliged to make an effort to execute the assignment with the required care and expertise and to the best of its knowledge and ability and in accordance with the requirements of good service provision.
2. The agreement between Praktijk Marquesa and Client is entered into for a definite period unless the nature of the agreement dictates otherwise or if the parties expressly agree otherwise in writing. Subscriptions to the daily Twin/Soul Whispers end automatically after their fixed term. The monthly subscription ends after 30 days and the quarterly subscription after 90 days. The purchase of a subscription only entitles Client to daily viewing of the Twin/Soul Whisper of the respective (working) day. Previously published Twin/Soul Whispers are no longer accessible. A separate download of a daily Twin/Soul Whisper only entitles the client to view the Twin/Soul Whisper dated the day of purchase. A loose download will be made available to client in pdf via e-mail.
3. If for the execution of activities or for the delivery of certain goods a term has been agreed upon or indicated, this shall never be a fatal term. If this term is exceeded, the Customer must therefore give written notice of default to Praktijk Marquesa. Practice Marquesa must be offered a reasonable term to execute the agreement as yet.
4. Client authorises Praktijk Marquesa to engage third parties (where necessary) in the execution of assignments, on behalf of and at the expense of Client. The applicability of Sections 7:404, 7:407(2) and 7:409 of the Dutch Civil Code is expressly excluded.
5. When selecting third parties to be engaged, Praktijk Marquesa shall exercise due care and shall only consult with Client where necessary. If third parties are involved, these conditions will also apply.
6. Practice Marquesa is not liable for shortcomings of these third parties and is entitled to accept any limitation of liability on the part of said third parties on behalf of Client without prior consultation with Client.
7. Client indemnifies Praktijk Marquesa against all claims of third parties engaged by Praktijk Marquesa and other third parties, the costs to be incurred by Praktijk Marquesa in connection therewith, which are in any way related to the assignment granted by Client, except in case of intent or gross negligence on the part of Praktijk Marquesa.
8. If Praktijk Marquesa or third parties engaged by Praktijk Marquesa within the scope of the assignment perform activities at the client's location or a location designated by the client, the client shall provide the facilities desired by those employees free of charge.
9. Praktijk Marquesa is entitled to execute the agreement in different phases and invoice the already executed part separately.
10. Client undertakes to provide/report all facts and circumstances that may be relevant to the correct execution of the assignment provided by Client. Praktijk Marquesa assumes that the information and data provided by Client are correct and complete. Praktijk Marquesa is not liable for damage, of whatever nature, because Praktijk Marquesa assumed incorrect and/or incomplete information provided by Client.
11. The execution period shall not commence until the agreed fee has been credited to Praktijk Marquesa's account, unless the parties have agreed to payment in arrears.
12. By mutual agreement, the agreement can be amended in the interim, when this is necessary for the correct execution of the assignment. This shall take place in mutual consultation between the parties. The original term of execution and the agreed fee may change as a result.
13. Amendments to the (original) agreement, including additions, require approval/authorisation by the competent person within Praktijk Marquesa. Not or not immediately executing the amended agreement does not constitute default on the part of Praktijk Marquesa and is no ground for Client to terminate or cancel the agreement.
14. Without being in default, Praktijk Marquesa can refuse a request to amend the agreement if this could have qualitative and/or quantitative consequences, for example for the work to be performed in that context.
15. If Client defaults in the proper fulfilment of what he is obliged to do towards Praktijk Marquesa, Client shall be liable for all damages on the part of Praktijk Marquesa resulting directly or indirectly.
16. If Praktijk Marquesa agrees with Client on a fixed fee, Praktijk Marquesa shall nevertheless be entitled to increase this fee at all times without Client being entitled to dissolve the agreement for that reason, if the increase of the fee results from a power or obligation under the law or regulations or is caused by or on other grounds that were not reasonably foreseeable at the time the agreement was entered into.
17. Changes in the competence of Client or of his representatives or proxies, even if they have been registered in public registers, will only take effect vis-à-vis Praktijk Marquesa after Praktijk Marquesa has been notified in writing.
Client undertakes to notify Praktijk Marquesa in writing of any aforementioned change by return of post.

Article 12. Suspension, dissolution and early termination of the agreement.

1. The Client shall at all times be entitled to terminate the assignment by giving notice. This termination must be effected in writing and by registered letter. However, the fee due by the Client at the time of termination of the order must be paid by the Client on an invoice basis, in accordance with the provisions of Article 15. Interim termination of subscriptions to the daily Twin/Soul Whispers is not possible.
2. Praktijk Marquesa is authorised to terminate the assignment, taking into account such a term and in such a way that the interests of client continue to be served as much as possible. The fee due by client at the time of termination of the assignment shall be paid by client on an invoice basis in accordance with the provisions of Article 15.
3. Praktijk Marquesa is authorised to suspend the fulfilment of its obligations or to dissolve the agreement if Client does not fulfil its obligations under the agreement, or does not do so in full or on time.
4. Practice Marquesa shall only be authorised to make use of this suspension right after client has been informed in advance and has granted him a (short) term to fulfil his (payment) obligations. Praktijk Marquesa does not accept liability for any damage suffered by the client as a result of suspension of the activities as referred to here.
5. Furthermore, Praktijk Marquesa shall be entitled to dissolve the agreement if circumstances arise of such a nature that fulfilment of the agreement is impossible or if other circumstances arise of such a nature that unaltered maintenance of the agreement cannot reasonably be required from Praktijk Marquesa.
6. Under these circumstances is understood in any case the making of statements by the client about Praktijk Marquesa, which statements (can) be damaging in any way to (the good name of) Praktijk Marquesa. It is irrelevant whether these statements are made orally or in writing, whether or not via social media. These statements in any case include insults, libel and slander as well as hurtful and discriminatory statements about Praktijk Marquesa and/or its followers on social media.
7. If the agreement is dissolved, the claims of Praktijk Marquesa on Client shall be immediately due and payable. If Praktijk Marquesa suspends fulfilment of its obligations, Praktijk Marquesa will retain its claims under the law and the agreement.
8. If Praktijk Marquesa proceeds with suspension or dissolution, Praktijk Marquesa shall in no way be obliged to compensate damage and costs caused in any way.
9. If the dissolution is imputable to Client, Practice Marquesa shall be entitled to recover compensation for damages from Client, including costs incurred directly and indirectly.
10.If Client does not fulfil his obligations resulting from the agreement and this non-fulfilment justifies dissolution, Praktijk Marquesa shall be entitled to dissolve the agreement immediately and with immediate effect without any obligation for Praktijk Marquesa to pay any compensation or indemnification, while Client is obliged to pay compensation or indemnification on account of non-fulfilment.
11. In case of liquidation, of (application for) suspension of payment or bankruptcy, of seizure - if and to the extent that the seizure has not been lifted within three months - at the charge of the client, of debt restructuring or another circumstance due to which the client can no longer dispose freely of his assets, Praktijk Marquesa shall be free to terminate or annul the agreement immediately and with immediate effect, without any obligation for Praktijk Marquesa to pay any compensation or indemnification. The claims of Praktijk Marquesa on client shall in that case be immediately due and payable.

Article 13. Force majeure

1. Praktijk Marquesa is not obliged to fulfil any obligation towards client if she is hindered to do so as a result of a circumstance that is not due to fault and is not for her account by virtue of the law, a legal act or generally accepted opinion.
2. In these general terms and conditions force majeure shall in any case include, besides what is understood in this respect by law and jurisprudence, all external causes, foreseen or unforeseen, on which Praktijk Marquesa cannot exert influence, but which prevent Praktijk Marquesa from fulfilling its obligations. This includes strikes in the Praktijk Marquesa company or third parties. Praktijk Marquesa also has the right to invoke force majeure if the circumstance preventing (further) fulfilment of the agreement occurs after Praktijk Marquesa should have fulfilled its commitment. Force majeure also includes illness, as a result of which Praktijk Marquesa cannot fulfil its commitment. If the illness lasts longer than 1 month, Praktijk Marquesa will contact the client about a possible refund of the subscription fee.
3. Practice Marquesa may suspend the obligations under the agreement during the period of force majeure. If this period lasts longer than three months, either party shall be entitled to dissolve the agreement without any obligation to compensate damage to the other party.
4. Insofar as Praktijk Marquesa has already partly fulfilled its obligations under the agreement at the time of the commencement of force majeure, or will be able to fulfil them, and the fulfilled or still to be fulfilled part has independent value, Praktijk Marquesa shall be entitled to invoice the fulfilled or still to be fulfilled part separately. Client is obliged to pay this invoice as if it were a separate agreement.

Article 14. Delivery and execution

1. Praktijk Marquesa will take the greatest possible care when receiving and executing orders for products and assessing applications for the provision of services.
2. Target date for processing requests for (mini)scripts is at the latest within 21 working days after Practice Marquesa has received the request plus full payment in advance from client. However, this is not a strict deadline and Praktijk Marquesa reserves the right to extend this deadline by a maximum of one extra working week in case of enormous pressure, of which Client will be notified in time.
3. The place of delivery is the address that Client has made known to Praktijk Marquesa.
4. Practice Marquesa will execute accepted orders for product purchases with due speed, but at the latest within five working days, unless another delivery term has been agreed upon. If delivery is delayed, or if an order cannot or can only partially be executed, Client will be informed about this within five working days after he has placed the order. In that case, the client shall have the right to dissolve the agreement without costs and the right to possible damages.
5. No Twin/Soul Whisper will be published on officially recognised public holidays. Also, no Twin/Soul Whisper will be published during Carnival, which changes its period every year. Practice Marquesa will place a timely notice on its website.
6. After dissolution in accordance with the previous paragraph, Practice Marquesa shall immediately refund the amount paid by Client.
7. The risk of damage and/or loss of products rests with Praktijk Marquesa until the moment of delivery to client or a representative designated in advance and made known to Praktijk Marquesa, unless explicitly agreed upon otherwise. In case of loss of a Soul Icon with personal message by mail, when sending a new greeting card, client will receive the same message as mentioned on the original card. For this reason Praktijk Marquesa keeps all messages for the period of two weeks.

Article 15. Payment

1. Payment must be made within 8 days of the invoice date in a manner to be indicated by Praktijk Marquesa in the currency as invoiced. Objections to the amount of the invoice do not suspend the client's payment obligation.
2. Any treatment or consultation carried out, however, must be paid for after this treatment, in cash or by debit card transaction, unless already paid in advance by client to Praktijk Marquesa.
3. Courses and workshops shall be paid by client to Practice Marquesa no later than four weeks before commencement, unless explicitly agreed otherwise.
4. If the Client fails to make payment within the deadline, the Client shall be in default by operation of law. The client will then owe interest of 1% per month, unless the statutory interest rate is higher, in which case the statutory interest rate will apply. The interest on the amount due and payable will be calculated from the moment the client is in default until the moment the full amount is paid.
5. In case of liquidation, bankruptcy, seizure or suspension of payment of client, the claims of Praktijk Marquesa on client shall be immediately due and payable.
6. Practice Marquesa is entitled to have the payments made by Client go first of all to reduce the costs, then to reduce the interest falling due and finally to reduce the principal sum and the current interest. Praktijk Marquesa has the right, in case of arrears in payment, to first set off the payments made by the client against the oldest arrears, regardless of whether the client describes a later invoice at the time of payment.
7. Practice Marquesa may, without thereby being in default, refuse an offer of payment if Client designates a different order of attribution.
8. Practice Marquesa can refuse full repayment of the principal sum, if this does not include the interest that has fallen due and current interest as well as the costs.
9. If payment is made within the payment term, no surcharge will be charged by Praktijk Marquesa.

Article 16. Collection costs

1. After expiry of the payment term, as mentioned in article 15(1), and if Client has not yet fulfilled the payment obligation, Client will receive a 1st written reminder for payment in which Praktijk Marquesa announces a 1st new due date for payment.
2. If Client has still not met the payment obligation on the 1st new payment deadline, Client will receive a 2nd written reminder, in which Praktijk Marquesa announces a final new payment deadline.
3. After expiry of the 2nd new payment date and if client has not yet fulfilled the payment obligation, Practice Marquesa will charge client a surcharge of 15% of the principal amount to compensate for administration and collection costs, with a minimum of 40 euro.
4. If Praktijk Marquesa has incurred higher (extrajudicial) costs, which were reasonably necessary, these costs shall also qualify for compensation.
5. Any reasonable judicial and execution costs incurred shall also be borne by the client.

Article 17. Cancellation and refund

1. Workshops, (online) courses, lectures, meditations and pampering days will only take place if a certain minimum number of participants is registered (this minimum is always known to the client in advance). If this minimum number is not reached, Praktijk Marquesa has the right to cancel. Participants will be informed of this as soon as possible, their obligations expire and the full (course) fee will be refunded. In consultation, participation can be postponed to a later date, again under the condition of reaching the minimum number of participants.
2. After registration, the client will receive a confirmation of participation and an invoice. This invoice must be paid in full before the start of the (online) course, workshop, meditation or pampering day. If client is unable to attend the course, a substitute can be appointed. Client should inform Praktijk Marquesa in writing before the start of the course, stating the name, address and telephone number of the substitute. Absence of the participant does not give the right to a refund, unless there is a right to a (partial) refund based on the graduated scale in paragraph 6 of this article.
3. Cancellation of appointments for individual consultations and treatments must be made no later than 48 hours before the agreed time. Thereafter, the full amount will be charged. If a consultation or treatment is cancelled more than 48 hours but less than a week before the agreed time, Praktijk Marquesa is entitled to charge the client half of the agreed price.
4. If a consultation or treatment is postponed to a later date at the request of the client, the client shall not owe any costs for postponement up to 48 hours before the start of the appointment. If a consultation or treatment is postponed at the request of the client within 48 hours before the start of the appointment, the client will owe Praktijk Marquesa half of the agreed amount. If the new appointment is also cancelled, the full amount will subsequently be charged.
5. Praktijk Marquesa is reasonably entitled to change an already planned consultation or treatment. She will have to announce this no later than 24 hours before the agreed time. In case of illness Praktijk Marquesa is entitled to deviate from this 24-hour period and, if desired, the consultation or treatment will be rescheduled in consultation with the client.
6. For cancellation by client of an (online) course or workshop within four weeks before commencement, client has to pay a cancellation fee of 25% of the course fee. For cancellations within three weeks before the start, the client will have to pay a 50% cancellation fee of the course fee. If cancelled within two weeks before commencement, client shall owe 75% cancellation fee on the course fee. If cancelled within one week before the start, client owes 100% cancellation fee, or the entire course fee.

Article 18. Duty of effort and confidentiality

1. The performance of the services of Praktijk Marquesa involves an obligation of effort.
2. Praktijk Marquesa undertakes to keep confidential (even after termination of the assignment) all client data of which it knows or can assume to be confidential, unless the law obliges Praktijk Marquesa to disclose information to third parties.

Article 19. Intellectual property

Practice Marquesa reserves the rights and powers to which it is entitled under the Copyright Act and other intellectual laws and regulations. Praktijk Marquesa has the right to use the knowledge gained by the execution of an agreement for other purposes as well, as long as no strictly confidential information of client is brought to the attention of third parties.

Article 20. Liability and indemnity

1. The therapist of Praktijk Marquesa in no way gives a medical guarantee nor is she/he in any way liable for medical and/or mental complications occurring in the client at the time or after performance of her/his services, which are not due to a serious attributable shortcoming of the therapist of Praktijk Marquesa. The therapist of Praktijk Marquesa is in no way liable for consequential damage, neither material nor immaterial.
2. No future predictions will be made during the treatments and consultations. However, it is possible that during these treatments, consultations or workshops probable future developments can be described for the client. However, this does not mean that Praktijk Marquesa can guarantee this.
3. Advice from consultations, treatments, courses and workshops shall never replace regular treatments.
4. The (mini)scripts, Soul Icons with personal message by post and (personal) Twin/Soul Whispers never contain medical advice nor are they binding. The responsibility for dealing with the contents of these (mini)scripts, Soul Icons with personal message by post and (personal) Twin/Soul Whispers remains with the Client at all times.
5. The performing therapist of Praktijk Marquesa shall not be liable to the extent that damage results from the client's failure to properly follow verbal or written advice given by the performing therapist of Praktijk Marquesa.
6. The liability of the performing therapist of Praktijk Marquesa for damage arising from the services provided by him/her - possibly with the engagement of non-subordinates - shall be limited to a maximum of the costs of a consultation or treatment.
7. In all cases, any liability of the performing therapist of Practice Marquesa is limited to the amount charged to client.
8. Client is obliged to take all measures necessary to limit the damage for which he/she wishes to hold the performing therapist of Praktijk Marquesa liable.
9. When engaging third parties, Praktijk Marquesa shall always exercise due care, but Praktijk Marquesa shall not be liable for any shortcomings of those third parties, except in the case of intent or gross negligence of Praktijk Marquesa.
10. Client shall indemnify Praktijk Marquesa against all claims of third parties.

Article 21. Applicable law

1. The legal relationship, on whatever account, between Praktijk Marquesa and Client is exclusively governed by Dutch law, even if Client is located outside the Netherlands.
2. Disputes between parties will be exclusively adjudicated by the court in Praktijk Marquesa's place of establishment (being Maastricht), unless the law imperatively prescribes otherwise.
3. The parties will only appeal to court after they have made every effort to settle a dispute by mutual agreement.

Article 22. Location and amendment of terms and conditions

These conditions can be found on the website of Praktijk Marquesa. The latest version or the version valid at the time of the conclusion of the legal relationship with Praktijk Marquesa always applies.