General conditions

NatuurlijkZijn / Shamanic Drum Academy / natuurlijkzijn.maatos@com

NatuurlijkZijn also trading under the name Shamanic Drum Academy and natuurlijkzijn.maatos.com, office located at de Waal 45, 5751 VT in Deurne, registered with the Chamber of Commerce under number 50643843, VAT number NL8231.56.461.B01 hereinafter referred to as “NatuurlijkZijn”.

Article 1. Definitions
In these General Terms and Conditions, the following capitalized terms shall always have the following meanings:
Terms and Conditions:
These terms and conditions of NatuurlijkZijn
Client:
The (legal) person who places an order on the Website;
Login information:
The combination of the Customer’s username and password for placing an order on the Website;
Services/Training(s):
The knowledge trainings offered by NatuurlijkZijn which can be followed via the browser;
Agreement:
The agreement between the Customer and NatuurlijkZijn concluded via the Website pursuant to which the Customer purchases the Service from NatuurlijkZijn including related
amounts and conditions; Upon request, NatuurlijkZijn will send a PDF of the General Terms and Conditions by e-mail free of charge.
Privacy Statement:
NatuurlijkZijn’s privacy statement, which can be found on the Website;
Website:
The website of NatuurlijkZijn and Shamanic Drum Academy, on which the Service is offered;
Online Learning Environment:
The online environment at online.natuurlijkzijn.nl on which the Customer can follow the knowledge trainings of NatuurlijkZijn and Shamanic Drum Academy;

Article 2. Applicability
1. These conditions apply to all offers, legal relations and use of the products and services of NatuurlijkZijn with respect to the
knowledge trainings at trainings.natuurlijkzijnonlinetrainingen.com.
2. These terms and conditions apply to the exclusion of any general terms and conditions used by the Customer.
3. NatuurlijkZijn is entitled to change the contents of these General Terms and Conditions unilaterally. Amendments shall be announced by e-mail and shall take effect fourteen (14) days after announcement, or on any other date specified in the announcement.
4. If the Customer does not wish to accept the amendments to the General Terms and Conditions, he shall be entitled to terminate the Agreement as of the date on which the amended conditions take effect without being obliged to compensate NaturalZijn for any costs or damage.
5. If NatuurlijkZijn does not always demand strict compliance with these General Terms and Conditions, this does not mean that these General Terms and Conditions no longer apply to
. NatuurlijkZijn may continue to require strict compliance with these general terms and conditions.
6. If one or more provisions of these general conditions are void or voidable this will not affect the validity of the remaining provisions. The parties
will consult in order to agree on new provisions to replace the void or nullified provisions, whereby the purpose and the
purport of the void or nullified provisions will be respected as much as possible.

Article 3. Establishment of Agreement
1. The Agreement is concluded by completing the ordering process on the website, which includes acceptance of the General Terms and Conditions. The
Agreement is also concluded when the Customer provides payment details by telephone, email or in writing.
2. Section 6:227c of the Dutch Civil Code does not apply to the legal relationship between LearnSpot and Customer.
3. Section 6:227b (1) does not apply to the legal relationship between LearnSpot and Customer.
4. NatuurlijkZijn is entitled, without giving reasons, to refuse to provide (further) Services to a (potential) Customer.
5. NatuurlijkZijn is not bound by obvious errors and slips in the offer on the Website.

Article 4. License
1. NatuurlijkZijn grants Customer a non-exclusive right of use with respect to the Training Courses.
2. The right of use commences upon the conclusion of the Agreement.
3. The right of use is not transferable. The Customer may not sell, lease, sub-license or make the right of use available to a third party in any way or for any purpose.
4. The Customer may only use the right of use for its own business activities or for its own use.

Article 5. Price and Payment
1. The stated price of the Service is valid at the time it is displayed on the Website.
2. VAT is included in the listed price. The Website will mention as much as possible any additional costs, such as shipping and payment costs.
3. The Website will state the payment options.
4. For offline courses, workshops and other services, registration is final after registration and payment. If bank transfer is chosen as the payment method
, the relevant amount must be paid within 14 days. If the participant decides to cancel the registration more than one month (31 days) before the start of the workshop, the participant will receive a full refund. In case of cancellation less than one month in advance, no refund will be made. If the Customer fails to pay on time or NatuurlijkZijn is unable to collect the amount due by means of the means of payment chosen by the Customer before the end of the payment period, the Customer is in default, regardless of whether NatuurlijkZijn sends a further reminder.
5. If the Customer is in default with respect to its payment obligation, NatuurlijkZijn may pass on the claim. In that case the costs incurred by NatuurlijkZijn will be for the Customer’s account, which are estimated at 15% of the principal amount, or the actual costs if they are higher.

Article 6. Delivery of goods ordered through the webshop
1. Delivery periods stated on the Website and/or in the ordering process are indicative and do not apply as a deadline.
2. The products offered contain an accurate and complete description. Any mistakes or obvious errors are not binding on NatuurlijkZijn.
3. The Customer is expected to check the products immediately upon receipt and to report any defects to NatuurlijkZijn immediately via e-mail. Any complaints reported more than 14 days after receipt of the goods will not be considered.

Article 7 Right of Withdrawal
1. It is important that the customer indicates to NatuurlijkZijn within 14 days after receipt of the package that the package is being returned. This can be done by sending an e-mail to NatuurlijkZijn. Returns must be made within 14 days of receipt. Upon proper receipt of the return, NatuurlijkZijn will send a confirmation of receipt. The return will be processed and within 14 days the amount will be refunded through the same way as the amount has been paid.
2. In case the customer has ordered an online course, the service is fully available to the customer upon ordering and payment and the service is therefore fully delivered. Since this service cannot be returned, specific rules apply. By accepting these general terms and conditions, the customer declares that the customer waives his right of withdrawal.

Article 8. Rights and Obligations NaturallyZijn
1. NatuurlijkZijn does not guarantee that information on the Website will always be correct, current or complete.
2. NatuurlijkZijn reserves the right to change the login procedure and/or the Customer’s Login Details if it deems this necessary in the interest of the functioning of the Website.
3. NatuurlijkZijn makes every effort to make the Services continuously available but does not guarantee that the Services will be available at all times.
4. NatuurlijkZijn is not responsible for how the Customer communicates what is learned. Consultations and drum circles given by customers as a result of the training are at their own risk.
5. NatuurlijkZijn reserves the right to make changes to the Services. NatuurlijkZijn will make every effort to give advance notice, with reasonable notice, of any changes that limit the core functions of the Services, unless this is not reasonably or technically possible.
6. NatuurlijkZijn may potentially expand the Services with Trainings and modules that contain new knowledge. Trainings and modules offered to new users at
payment do not automatically fall within the scope of the Agreement. If Customer wishes to make use of these Trainings and modules, he must make further arrangements with NatuurlijkZíjn.
7. NatuurlijkZíjn will provide an electronic newsletter informing the Customer about the developments of the Services of NatuurlijkZijn. Unless the Customer indicates not to appreciate this, the Customer will receive these electronic newsletters at the e-mail address provided during the registration process.
8. NatuurlijkZijn also provides an electronic newsletter in which the Customer receives tips on the topics covered in the Services. Unless the Customer
indicates not to appreciate this, the Customer will receive these electronic newsletters at the e-mail address provided during the registration process.
9. The content as given has copyright with NatuurlijkZijn and may not be disclosed in any way as a knowledge carrier by the Customer.

Article 9. Rights and Obligations Customer
1. During the ordering process the Customer must provide Login Data. When the Customer provides Login Details, he guarantees to NatuurlijkZijn and is himself
responsible for ensuring that the information he provides when creating his Login Details is correct, complete and up to date.
2. The Customer is responsible and liable for all use made with his Login Data.
3. As soon as the Customer knows or has reason to suspect that Login Data has come into the hands of unauthorized persons, the Customer must inform NatuurlijkZijn thereof, without prejudice to his own obligation to immediately take effective measures himself, such as changing the Login Data.
4. The Customer is responsible for all use of the Services.
5. When entering into the Agreement the Customer shall provide the correct, up-to-date and complete (address) data which are requested from the Customer during the registration process. The Customer must inform NatuurlijkZijn of any changes in these (address) data as soon as possible via info@natuurlijkzijn.nl.
6. The Customer is not allowed to bring out what has been learned in a training similar to the Training. The Customer may, however, give consultations and drum circles.

Article 10. Warranty, refunds & advertising
1. NatuurlijkZijn guarantees the soundness of the service it delivers in accordance with what the Customer may reasonably expect on the basis of the agreement. Should there nevertheless be any defects in the service delivered by NatuurlijkZijn, this shall be at the discretion and sole discretion of
NatuurlijkZijn.
2. How the Customer brings out the learned in consultations, drum circles or in any other way does not fall under the responsibility of NatuurlijkZijn and are at the expense and risk of the Customer.
3. The Customer must accurately approve the service provided immediately after activation, under penalty of forfeiting any right to complain and/or warranty.
4. Complaints do not suspend the Customer’s payment obligations.

Article 11. Intellectual Property Rights
1. All intellectual and industrial property rights with respect to the Website, the Online Learning Environment and other services, and with respect to everything NatuurlijkZijn develops, manufactures or provides, including texts, designs, videos and images, belong to NatuurlijkZijn.
2. The Customer is not permitted to remove or change any indication of trademarks, trade names, copyrights or other intellectual or industrial property rights.
3. The Customer is not permitted to copy, reproduce or otherwise duplicate, translate, adapt, recreate, modify or reconstruct the service or any part thereof.
4. The Customer acquires, to the extent necessary for use of the Services, a non-transferable and non-exclusive right of use with respect to these intellectual property rights.

Article 12. Liability
1. All advice given by NatuurlijkZijn, knowledge shared and notices and statements provided by NatuurlijkZijn about, inter alia, the properties of services to be provided by
NatuurlijkZijn are entirely without engagement and are provided by NatuurlijkZijn by way of non-binding information. NatuurlijkZijn does not provide any guarantee in this respect.
2. NatuurlijkZijn is not liable for damages resulting from incorrect or incomplete provision or concealment of data by or on behalf of the Customer.
3. NatuurlijkZijn will never be liable for any direct or indirect damage of Customer or third parties, including consequential and immaterial damage resulting from the use or non-use of the Services.
4. To the extent that NatuurlijkZijn is liable, such liability is limited to a maximum of the price of the Service.
5. The Customer shall indemnify NatuurlijkZijn and third parties engaged by it against all third party claims for liability, damages and costs arising as a result of or in connection with the use or non-use by the Customer of the Services.
6. NatuurlijkZijn shall only be liable for direct damage. Direct damage includes:
a. the costs of assessing the damage;
b. the reasonable costs incurred by the Customer to have NatuurlijkZijn fulfil its obligations, unless these costs cannot be attributed to NatuurlijkZijn;
c. and reasonable costs incurred by the Customer to prevent (higher) damage. The Customer must prove that these costs have resulted in a limitation of the damage.
d. All damage that is not direct is indirect.
7. NatuurlijkZijn is never liable for damage caused by (maintenance) work on the Services or Online Learning Environment, including but not limited to the (temporary) nonfunctioning of the Services.
8. Stated periods are approximate and are not to be considered as strict deadlines. NatuurlijkZijn is not liable if specified deadlines are exceeded
9. The previous paragraphs of this article do not apply if and insofar as the damage in question is caused by intent or gross negligence on the part of LearnSpot (senior management).
10. The Customer’s right to claim damages expires in any case one (1) yearnafter the event that caused the damage occurred.

Article 12. Force majeure
1. NatuurlijkZijn shall not be obliged to fulfill one or more obligations if prevented from doing so as a result of force majeure. Force majeure shall include:
a. a failure of external hosting providers and suppliers of NatuurlijkZijn;
b. interruptions or breakdowns of power and/or telecommunication facilities;
c. impediments as a result of the hardware and software used by the Customer or the technical infrastructure used by it;
d. strikes;
e. fire;
f. accident or illness of personnel;
g. Denial of Services (DoS) attacks;
h. problems unforeseen by NatuurlijkZijn and any other circumstance not solely dependent on the will of NatuurlijkZijn.
2. If the force majeure situation has lasted longer than sixty (60) days, the Customer is entitled to terminate the Agreement by rescinding it by e-mail without being obliged to pay any compensation for costs or damages to NatuurlijkZijn.
3. If NatuurlijkZijn is prevented from fulfilling the Agreement due to restrictions or impediments or other forms of force majeure, it is entitled to suspend the performance of the Agreement. In that case the Customer shall not be entitled to compensation for damage, costs or interest.

Article 13. Privacy
1. When visiting the Website and when placing an order and when entering Login data, (personal) data are provided to NatuurlijkZijn.
These (personal) data will be processed in accordance with the Privacy Statement of NatuurlijkZijn and the applicable laws and regulations.
2. Both NatuurlijkZijn and Customer are obliged to treat confidential information received from each other with care. Information is confidential if either party, when providing such information, indicates that it is confidential or if confidentiality results from the nature of such information.
3. NatuurlijkZijn is entitled to engage third parties for the performance of the Agreement and to provide only the Customer’s data necessary for them.
4. NatuurlijkZijn is entitled to use data of the Customer for the mailing of NatuurlijkZijn. If the data or product have already been disclosed by or with the consent of the Customer, NatuurlijkZijn may refer to the delivered product in a mailing.
5. Provision of confidential information to third parties without the consent of the other party is only possible if the party is forced to provide it by law or court order. In this case, the party shall not be liable for damages or compensation.
6. Other provision of confidential information to third parties shall only be possible with the consent of the other party.

Article 14. Applicable law
1. This Agreement is exclusively governed by Dutch law.
2. Insofar as national law does not imperatively prescribe otherwise, the court in Amsterdam has exclusive jurisdiction to take cognizance of disputes resulting from or related to the Agreement between the parties.
3. The Customer is not entitled to transfer the rights and obligations under the Agreement to a third party, including entities within the group to which the Customer belongs, without the prior written consent of NatuurlijkZijn. NatuurlijkZijn is entitled to transfer the rights and obligations under the Agreement to third parties. The Customer hereby consents to such assignment.
4. If one or more provisions of this Agreement are void or voidable this shall not affect the validity of the remaining provisions. The parties shall consult in order to agree new provisions to replace the void or nullified provisions, taking into account as far as possible the purpose and meaning of the void or nullified provision.
5. If the User has any complaints, he shall first submit them to NatuurlijkZijn, so that the parties may jointly arrive at an appropriate solution.