Terms and Conditions
The Happy Sensitive
General Terms and Conditions
Article 1. Definitions
- In these General Terms and Conditions the following words shall have the following meanings, unless expressly stated otherwise or the context otherwise requires:
- The Happy Sensitive: the User of these General Terms and Conditions: The Happy Sensitive, registered at Heerlen, Unescostraat 80, registered with the Chamber of Commerce under “KvK” number 220.127.116.11;
- Customer: the natural person that enters into an Agreement with The Happy Sensitive or intends to enter into an Agreement with The Happy Sensitive;
- Agreement: the Agreement between The Happy Sensitive and Customer;
- Session: a coaching session, training session, healing session or healing intensive session conducted by The Happy Sensitive;
- Programme: a coaching programme or training programme offered by The Happy Sensitive;
- Website: the website http://thehappysensitive.com operated by The Happy Sensitive.
Article 2. General
- These General Terms and Conditions apply to all Agreements between The Happy Sensitive and Customer, to which The Happy Sensitive has declared said terms and conditions applicable.
- Any deviations from these General Terms and Conditions are valid only if expressly agreed by email.
- In case of uncertainty about the interpretation of these General Terms and Conditions the interpretation shall follow the spirit of these General Terms and Conditions.
- In case one or more provisions of these General Terms and Conditions are void or declared invalid, the remaining provisions of these General Terms and Conditions shall remain in full force and effect. The void or invalid provisions shall be replaced by The Happy Sensitive, taking into account the purport and intention of the original provision(s) to the extent as possible.
- In case The Happy Sensitive does not always demand strict observance of these General Terms and Conditions, that does not imply that these provisions would not apply or that The Happy Sensitive would in any way forfeit the right to demand strict observance of the provisions of these Terms and Conditions in other cases.
- For the interpretation of the content and purport of these General Terms and Conditions the Dutch text shall at all times prevail.
- In case a situation occurs between The Happy Sensitive and Customer for which these General Terms and Conditions do not provide, said situation shall be treated in accordance with the spirit of these General Terms and Conditions.
Article 3. Offer
- All offers are free of engagement.
- Prices quoted in offers do not automatically apply to future Agreements.
- Apparent errors or mistakes on the website or in email messages of The Happy Sensitive shall not be binding on The Happy Sensitive.
Article 4. Conclusion of the Agreement
4.1 Certain sessions may be purchased by Customer through the website. In case the Agreement is concluded through the website, The Happy Sensitive shall send Customer a confirmation by email immediately after conclusion of the Agreement. As long as Customer has not received said confirmation email, Customer may cancel the Agreement free of charge.
4.2 To be eligible for most sessions Customer must complete an online questionnaire and submit said questionnaire through the website. On the basis of the information provided by Customer in the questionnaire The Happy Sensitive decides whether it can provide service to Customer. In case in the opinion of The Happy Sensitive the complaints and/or situation of Customer do not match the sessions, Customer will be informed of that by email and The Happy Sensitive will suggest to Customer where Customer may find the help he needs. In case The Happy Sensitive is able to provide service to Customer, The Happy Sensitive will inform Customer by email about the way in which Customer can effect payment. After receipt of the payment by the Happy Sensitive the Agreement has been concluded.
4.3 These General Terms and Conditions are made available to Customer prior to or on conclusion of the Agreement.
Article 5. Payment
5.1 Payment for sessions can be made by Paypal. Customers living in the Netherlands may also pay by transfer of the invoice amount to the bank account number specified by The Happy Sensitive.
5.2 The sessions are not compensated by a health care insurance.
Article 6. Programme
- A programme consists of several sessions and has a certain duration. The contents of the programme, the number of session of which the programme consists and the time conditions of the programme are specified by The Happy Sensitive in the programme description.
- Sessions must be booked by Customer within the duration of the programme. In case not all sessions have taken place before the end of the duration of the programme these sessions will be cancelled and Customer is not entitled to repayment of the costs of said sessions or any other form of compensation.
- Customer himself needs to ensure that the sessions are booked and will take place during the duration of the Program.
Article 7. Booking sessions
- Sessions may be booked through the online appointment planner of The Happy Sensitive.
- In case Customer has booked a session with The Happy Sensitive, The Happy Sensitive will send Customer an appointment reminder by email prior to the session. In this reminder email Customer is referred to Article 8.
Article 8. Backup plan
- Customer is offered the opportunity to make a backup plan through the website. The backup plan will apply in case Customer does not have access to Skype on the date and at the time of the session. In the backup plan Customer may specify the way in which he wishes to follow the session or that distance healing will replace the session.
- In case Customer cancels a session after 48 hours prior to the start of the session because Customer does not have access to Skype, and Customer has not submitted a backup plan prior to the start of the session, the session shall be cancelled and Customer shall not be entitled to repayment of the costs of the session or any other form of compensation.
Article 9. Rescheduling and cancelling a session
- In case Customer cancels a session 48 hours or more prior to the start of a session, the session may be rescheduled free of charge, provided that the date of the new session is within the duration of the programme.
- In case Customer cancels a session less than 48 hours prior to the start of the session and Customer does not have a backup plan or in case the backup plan cannot be used because Customer is not available or The Happy Sensitive cannot reach Customer, the session shall be cancelled and Customer shall not be entitled to repayment of the costs of the session or any other form of compensation.
- In case The Happy Sensitive reschedules a session less than 48 hours prior to the start of the session, Customer shall receive a free session of 30 minutes as compensation for the inconvenience.
Article 10. Premature termination of a programme
10.1 In case it appears during a programme that the remaining sessions are not necessary, that Customer does not wish to follow any sessions any longer or that The Happy Sensitive does not wish to provide any sessions to Customer any longer, the programme may be terminated prematurely.
10.2 The Customer who wishes to terminate the programme prematurely, must notify The Happy Sensitive of this by email 48 hours or more prior to a booked session. In case Customer notifies The Happy Sensitive of this later than 48 hours prior to a booked session, this booked session will not be repaid to Customer.
10.3 In case The Happy Sensitive wishes to terminate the programme prematurely, The Happy Sensitive will notify Customer of this by email 48 hours or more prior to a booked session.
10.4 In case of premature termination of the programme by Customer before the first session has taken place, the costs for the first session shall not be repaid to Customer, unless the session had not been booked and Customer may invoke his right of withdrawal in accordance with article 12.
10.5 In case of premature termination of a programme the sessions that have not taken place shall be repaid to Customer, subject to the exceptions referred to in article 10.2, second sentence and article 10.4.
Article 11. Money back guarantee
11.1 The Happy Sensitive gives a money back guarantee for a specific training. This guarantee only applies to the do-it-yourself part, not for additionally booked sessions.
Article 12. Right of withdrawal
12.1 In case the Agreement has been concluded through the website Customer has the right to withdraw from the Agreement within 14 days of conclusion of the Agreement free of charge, without stating reasons, unless a session booked by Customer has been scheduled within 14 days of conclusion of the Agreement. In case Customer books a session within this term, Customer is expressly advised that, by booking this session, Customer agrees that the performance of the Agreement commences on that date and that Customer cannot invoke his right of withdrawal. In the confirmation email that is sent to Customer, Customer will be advised of this right of withdrawal.
12.2 Withdrawal from the Agreement must take place by email. After cancellation of the Agreement the amount paid by Customer will be repaid to Customer within 14 days after cancellation.
Article 13. Performance of the Agreement
13.1 The sessions are conducted through Skype.
13.2 The sessions are conducted in English.
13.3 The Happy Sensitive shall make every effort to perform the Agreement in a conscientious way, in accordance with proper professional standards. The engagement is an obligation on The Happy Sensitive to perform to the best of its ability, not an obligation to produce results. The success also depends on Customer.
13.4 The sessions are part of alternative care. That means that the sessions cannot be considered a replacement for seeking medical advice and/or taking medication.
Article 14. Obligations of Customer
14.1 Customer shall ensure that all personal information specified by The Happy Sensitive as necessary or which Customer should reasonably understand to be necessary for the performance of the Agreement, are available in time.
14.2 The data and information provided to The Happy Sensitive by Customer must be complete and may not contain any inconsistencies and/or false representations.
14.3 Customer must refrain from any acts which prevent The Happy Sensitive from properly performing the session.
14.4 Customer is obliged to immediately notify The Happy Sensitive of any facts and circumstances which may be relevant in connection with the performance of the Agreement.
14.5 In case of misconduct by Customer during a session The Happy Sensitive has the right to terminate the session prematurely. In such a case the remaining time of the session will be cancelled and Customer will not be entitled to repayment of part of the costs of the session.
Article 15. Force Majeure
15.1 The Happy Sensitive reserves the right to change the date and/or time of the session in those cases in which Force Majeure applies. The date and time of the new session will be determined in consultation with Customer.
15.2 Force Majeure on the part of The Happy Sensitive includes (but is not limited to): internet disruption, computer failure, energy disruption, fire, sickness of the natural person that performs the Agreement on behalf of The Happy Sensitive.
Article 16. Liability and limitation
- The Happy Sensitive cannot be made liable for any damage directly or indirectly caused by:
- an event beyond the actual control of The Happy Sensitive, which therefore cannot be attributed to its acts and/or omissions;
- any acts or omissions on the part of Customer.
- The Happy Sensitive is not liable for any damage, of whatever kind caused by the fact that The Happy Sensitive has acted upon incorrect and/or incomplete information provided by Customer.
- The Happy Sensitive does not accept any liability for physical, mental or any other type of damage caused to Customer in connection with a session that is or has been attended by Customer.
- The Happy Sensitive is not liable for any misinterpretations of the content matter of a session by Customer.
- Customer himself is always responsible for any choices made, Customer’s own conduct and the consequences thereof, both during the time jointly spent by Customer and The Happy Sensitive and afterwards.
- In case The Happy Sensitive should be liable for any damage, the liability of The Happy Sensitive is limited to the amount paid to The Happy Sensitive by Customer for the sessions.
- The limitations of liability contained in these General Terms and Conditions do not apply in case the damage is caused by intent or conscious recklessness of The Happy Sensitive.
- Customer is obliged to instigate any actions within 1 year in case Customer is not satisfied with the performance of any acts of The Happy Sensitive. In case Customer does not act in a timely manner the claim shall lapse.
Article 17. Confidentiality and personal information
17.1 Both parties are obliged to keep secret any confidential information which they have obtained from each other or other sources as part of their Agreement. Information is considered confidential if declared confidential by the other party or if this results from the nature of the information. The party receiving confidential information shall use this information only for the purpose for which it has been provided.
17.2 The Happy Sensitive processes personal information in accordance with the “Wet bescherming persoonsgegevens” [Dutch Data Protection Act]. Confidential information about Customer received by The Happy Sensitive during a session or in any other way shall not be disclosed to any third parties, unless the law imposes an obligation on The Happy Sensitive to disclose certain information.
Article 18. Intellectual property
18.1 The intellectual property rights in any documents, advice, (instruction) materials and such provided to Customer by The Happy Sensitive shall at all times vest in The Happy Sensitive. Customer is not allowed to publish or reproduce the provided documents, advice, (instructional) materials and such unless The Happy Sensitive has expressly approved of that.
18.2 Any intellectual property rights in sessions developed by The Happy Sensitive shall remain vested in The Happy Sensitive.
18.3 The Happy Sensitive has the right to use the accrued knowledge for other purposes as well, to the extent that no confidential information of Customer is made available to third parties as a result of this.
18.4 Without the prior approval of The Happy Sensitive it is not permitted to make video and/or audio recordings of a session.
Article 19. Applicable law and competent court
19.1 Any Agreements between The Happy Sensitive and Customer are governed by Dutch law.
19.2 In case a dispute has arisen between the parties, the parties shall first submit the dispute to an independent mediator before seeking intervention by a court of law. In case mediation does not result in a satisfactory settlement of the dispute in the opinion of either party, the parties may refer the matter to a court of law.
19.3 Disputes with respect to Agreements between Customer and The Happy Sensitive that have not been settled by way of mediation shall be submitted to the jurisdiction of the competent court of law in the district in which The Happy Sensitive has its registered place of business. TheCustomer has the opportunity to opt for settlement by the court having jurisdiction in accordance with the law, within one month after The Happy Sensitive has invoked this article in writing.