General Terms and Conditions
GENERAL TERMS AND CONDITIONS MINDFUL WITH MIRLE (OR SILENTRETREAT.NL)
These general terms and conditions are effective as of March 13, 2024, and were last modified on March 30, 2024.
1. Definitions
In these general terms and conditions, the following definitions apply:
Mindful with Mirle (or silentretreat.nl): the sole proprietorship of Mirle van Merksteijn located at Barkmolenstraat 198, Groningen 9723DM.
Contact Information
Phone number : 0620440680
Email address : mindfulwithmirle@gmail.com
Instagram : https://www.instagram.com/mindfulwithmirle/
: https://www.instagram.com/silentretreat.nl/
Facebook : https://www.facebook.com/mirlevanmerksteijn/
LinkedIn : https://www.linkedin.com/in/mirlevanmerksteijn/
Tiktok : https://www.tiktok.com/@mirlevm?_t=8kufUFbG58i&_r=1
VAT number
VAT: NL005008891B28
Bank account
Bank: NL02 ABNA 0132 7313 47
Chamber of Commerce number
Chamber of Commerce: 932 490 63
Client: the contracting party of Mindful with Mirle (or silentretreat.nl) (or its authorized representative). This may involve a company (referred to in this document as Business to Business, 'B2B') or an individual customer (referred to in this document as Business to Consumer, 'B2C'). Everything in this document applies to both above-mentioned contracting parties unless explicitly stated otherwise.
Agreement: the contract for services between the client and Mindful with Mirle (or silentretreat.nl).
Applicability
These terms and conditions apply to all agreements, assignments, and/or quotations or other legal relationships between Mindful with Mirle (or silentretreat.nl) and the client, unless something else has been agreed upon prior to the agreement. The general terms and conditions also apply to follow-up assignments and additional assignments.
Mindful with Mirle (or silentretreat.nl) is entitled to change these general terms and conditions, after which the amended general terms and conditions will apply from the moment of change without further notice to ongoing agreements and new agreements.
Agreements
When Mindful with Mirle (or silentretreat.nl) has accepted an agreement, it comes into effect.
Purpose
The provision of online and/or physical training, workshops, courses, memberships, events, (breathwork and/or bodywork) coaching sessions, silent days and retreats, yoga classes, and events are only carried out under the direction of Mindful with Mirle (or silentretreat.nl).
2. Further Description of Purpose
Mindful with Mirle (or silentretreat.nl) aims to help people better deal with stress (and in an extreme form, with burnout) and to find more balance in their lives as a result. This is done by offering various services, including training, workshops, courses, memberships, events, (breathwork and/or bodywork) coaching sessions, silent days and retreats, yoga classes, and events. All these (online or physical) activities are collectively referred to in this document as "services". All the above-mentioned services can take place both online and physically and are offered to both individuals and companies.
Means
To guide people as effectively as possible, Mindful with Mirle (or silentretreat.nl) offers group training, workshops, and silent days and retreats to companies (referred to hereafter as "services for companies") and offers courses, memberships, events, (breathwork and/or bodywork) coaching sessions, silent days and retreats, and yoga sessions and events to individuals (referred to hereafter as "services for individuals"), which people can participate in physically and/or online.
The 1-on-1 (breathwork and/or bodywork) coaching sessions take place at Barkmolenstraat 198, 9723DM Groningen or at a location proposed by a client.
Online services are provided via Zoom, Google Meet, Kajabi, or Teams.
Mindful with Mirle (or silentretreat.nl) also offers on-site services. This can be an in-company training, within the client's premises. In addition, Mindful with Mirle (or silentretreat.nl) rents external locations to provide services there, so that she can guide more clients.
Mindful with Mirle (or silentretreat.nl) shares posts and videos about her activities via Instagram, Facebook, LinkedIn, and TikTok. Kajabi is an all-in-one platform for digital entrepreneurs and small businesses for selling content and digital products online. Mindful with Mirle (or silentretreat.nl) also sells content and digital products/services via the online platform Kajabi.
3. Quotation
a. All quotations from Mindful with Mirle (or silentretreat.nl) are non-binding. After sending the quotation, the offered date and location will be held for 7 days. If the quotation is not signed and returned, no rights can be derived from the quotation if the offered moment for the training or workshop is no longer available after these 7 days.
b. The prices stated in a quotation are exclusive of VAT for Business to Business (B2B) activities. The costs of rehearsal material and any audiovisual aids are provided by the client, unless otherwise agreed.
c. For private customers, the prices stated in a quotation or offer are inclusive of VAT, unless otherwise stated.
d. A composite quotation does not oblige Mindful with Mirle (or silentretreat.nl) to perform a part of the assignment for a corresponding part of the stated price. Offers or quotations do not automatically apply to future orders.
4. Invoicing and Payment
a. B2B: Mindful with Mirle (or silentretreat.nl) invoices the client after the day of execution of the assignment and applies a payment term of up to 10 days. If payment has not been made within the specified period of 10 days, the agreement will be automatically dissolved without further judicial intervention.
b. B2C: Mindful with Mirle (or silentretreat.nl) invoices the client before the service is provided. The client is requested to pay immediately. Access to the service is only granted if payment has been made, unless it is an 'upsell', which is later debited from the client's account after they have given permission by clicking that they also want to make this purchase after purchasing a first service/product.
c. B2C & B2C: If no payment is made after a first payment reminder and/or reminder, the client is legally in default and liable for the full agreed amount to be increased with extrajudicial and judicial collection costs and administrative costs. Mindful with Mirle (or silentretreat.nl) is authorized to engage a bailiff, with the costs for this bailiff fully borne by the client.
d. B2C & B2C: Mindful with Mirle (or silentretreat.nl) is not obliged to continue or renew the agreement in other ways. Suspension of activities does not affect the obligation of the client to make payment. Mindful with Mirle (or silentretreat.nl) accepts no liability for any damages to the client (or third parties) as a result of the suspension of her activities.
e. B2C & B2C: Mindful with Mirle (or silentretreat.nl) may agree to substitute a third party for the client, such as an employer, institution, or guardian.
5. Cancellation / Right of Withdrawal
Cancellation/revocation by the client
a. After signing or explicitly agreeing to the quotation, the client has 14 days to cancel/revoke the agreement free of charge.
b. The client is entitled to cancel the training. In case of cancellation, the client owes Mindful with Mirle (or silentretreat.nl) compensation according to the following overview:
In case of cancellation up to 1 week before the scheduled start of the assignment: 50% of the quotation price. When a new date is agreed upon in case of cancellation up to 1 week before the start of the assignment, only costs incurred in advance such as catering costs and location costs will be charged.
In case of cancellation within 48 hours before the scheduled start of the assignment: 100% of the quotation price.
c. Only for B2B agreements: In case of cancellation within 48 hours before the scheduled start of the assignment, only costs incurred in advance such as catering costs and location costs will be charged, provided a new date is agreed upon between the parties.
Cancellation by Mindful with Mirle (or silentretreat.nl)
a. In case of illness and/or force majeure, Mindful with Mirle (or silentretreat.nl) will notify the client of this in a timely manner, or as soon as possible. In that case, Mindful with Mirle (or silentretreat.nl) will come up with alternative dates as soon as possible.
b. Mindful with Mirle (or silentretreat.nl) reserves the right to cancel an assignment up to 2 weeks before execution. The clients will be informed of this as soon as possible. If possible, Mindful with Mirle (or silentretreat.nl) will offer an alternative date in consultation with the client.
Cancellation by participant of participation in training and breathwork and/or bodywork coaching sessions
a. In situations of demonstrable force majeure, this force majeure must be demonstrably proven. In cases of illness: presenting a medical certificate. In case of the death of loved ones in first or second degree of relationship, partner and ex-partner, by showing a death notice/card.
b. Only in the situations of force majeure mentioned above, the participant in a (online) group training or workshop can, in consultation with Mindful with Mirle (or silentretreat.nl), book an additional make-up online session with Mindful with Mirle (or silentretreat.nl). This session lasts a maximum of 2 hours and a fee of 150 euros excluding 21% VAT will be charged.
c. If the force majeure as mentioned above is considered present by Mindful with Mirle (or silentretreat.nl), cancellation can be made, with only administrative costs being charged.
d. In case of cancellation without a demonstrable reason for a coaching session within 48 hours before the coaching session takes place, the entire bill must be paid. In consultation with the participant, Mindful with Mirle (or silentretreat.nl) can propose a date for a make-up session of the missed coaching session, after which no costs are due for the missed session except for administrative costs.
6. Liability
a. Any liability of Mindful with Mirle (or silentretreat.nl) for damage to clients and third parties is limited to the amount for which, in the relevant cases, a claim exists under the professional liability insurance taken out by Mindful with Mirle (or silentretreat.nl).
b. If for any reason no payment is made under the insurance referred to in the preceding paragraph a, the liability of Mindful with Mirle (or silentretreat.nl) or its employees (in any capacity whatsoever) is limited to the costs paid by the client, up to a maximum of €500.00 (five hundred euros), except in cases of intent or gross negligence.
c. Mindful with Mirle (or silentretreat.nl) is not liable for any shortcomings of third parties or materials engaged by her.
d. Mindful with Mirle (or silentretreat.nl) is only liable for any direct damage. Indirect damage is not covered by liability and therefore not compensated.
7. Applicable Law and Disputes
a. Dutch law applies to all legal relationships between Mindful with Mirle (or silentretreat.nl) and the client (or third parties). The District Court of Northern Netherlands, located in Groningen, has exclusive jurisdiction over all disputes arising from or related to the work performed by or on behalf of Mindful with Mirle (or silentretreat.nl).
b. Parties will first make every effort to settle any dispute amicably before resorting to legal action.