GENERAL TERMS AND CONDITIONS GENTLE BEGINNINGS
To make treatments and services run as smoothly as possible by Gentle Beginnings, I use a number of conditions.
When you book a Service, I assume that you have taken note of the conditions below and agree to this.
Article 1 Applicability
General terms and conditions of Gentle Beginnings established and office at the Minervaplein 40-3hg, 1077 TV in Amsterdam, registered with the Chamber of Commerce in Amsterdam under registration number 34348319.
- These conditions are communicated via the website of Gentle Beginnings (https://www.eng.gentlebeginnings.nl/algemene-voorwaarden) and via e-mail and will be sent in writing by post on request.
- Any legal relationship between Gentle Beginnings and the one of the workshops, trainings, treatments, hereinafter referred to as “Services”, organized by Gentle Beginnings, participating person and / or representative of this person, hereinafter referred to as “Client”, will be exclusively governed by these terms and conditions.
- The applicability of general terms and conditions applied by Client is explicitly excluded. If one or more provisions in these general terms and conditions are void or may be annulled, the other provisions of these general terms and conditions remain fully applicable.
- The provisions of these General Conditions included in the articles apply to every quotation and / or agreement entered into between Gentle Beginnings and the Client, unless Gentle Beginnings has expressly deviated from these conditions in writing.
- You accept the applicability of these conditions as Client by the mere fact of your assignment.
Article 2 Requests
- Requests for treatments and services are made via the registration form on the website, by e-mail or telephone and are made in order of arrival. An agreement is concluded by the written confirmation of the Service by Gentle Beginnings to the Client. This confirmation takes place by email.
- Prices are stated in Euros and include the legal VAT, unless stated otherwise.
- Requests for a Service automatically and immediately implies that the Client declares to be physically and psychologically sound and that the Client himself bears full responsibility for the consequences for his / her own body and own health.
Article 3 Execution of the agreement
1. Gentle Beginnings will endeavor at all times to perform the Service to the best of its ability. Gentle Beginnings is never liable for not achieving the result that the Client intended.
2. Client ensures that all data of which Gentle Beginnings indicates that these are necessary or of which the Client should reasonably understand that these are necessary for the execution of the Service, are provided to Gentle Beginnings in time.
3. Gentle Beginnings is entitled to engage third parties in the execution of the Service. Gentle Beginnings will exercise due care in the selection of third parties. All knowledge / actions offered in the context of the Service by Gentle Beginnings are explicitly not medical treatments. These treatments / services serve to support, rest, relax and provide information. Purchasing the Service is entirely at your own risk.
Article 4 (Massage) treatment
- Gentle Beginnings will never claim to cure certain diseases or conditions and will never advise you to stop or change a regular medication or treatment recommended by a doctor.
- All knowledge / actions offered in the context of the Service by Gentle Beginnings are explicitly not medical treatments. These treatments / services serve to support, rest, relax and provide information. Purchasing the Service is entirely at your own risk.
- Client ensures that all data of which Gentle Beginnings indicates that these are necessary or of which the Client should reasonably understand that these are necessary for the execution of the Service, are provided to Gentle Beginnings in time.
- Ethics and hygiene are of paramount importance at Gentle Beginnings and I expect that from the Client.
- Mutual respect in a safe atmosphere is a matter of course for both Gentle Beginnings and the Client.
- It is not possible to perform erotic massages at Gentle Beginnings. Requests for such a service is not appreciated.
- Gentle Beginnings reserves the right to refuse Clients.
Article 5 Placenta Preparation
- Gentle Beginnings declares to be certified for Placenta Preparation according to the guidelines of IPPA (International Placenta & Postpartum Association) and works according to the hygienic code of HACCP and Bloodborne Pathogens & Infection Control.
- Gentle Beginnings only takes care of Placenta Preparation after receipt of the Placenta Preparation Agreement, which has been completed and signed by the Client.
- The conditions in the Placenta Preparation Agreement are binding on the Client.
- Gentle Beginnings will only proceed to Placenta Preparation after the costs for the Service have been credited to the account number of M. C. Heemskerk in Amsterdam.
- Only if a placenta after birth does not prove usable for capsulation for medical reasons, will the Client recover the amount paid minus € 55 administration costs. If the Placenta Preparation Agreement is terminated within 7 days before the due date, the Client is not eligible for a refund. If a placenta is already in possession of Gentle Beginnings and Client no longer wants the Service, no refund is possible.
Article 6 Modification & Cancellation by Gentle Beginnings
- In the event of unforeseen circumstances, Gentle Beginnings has the possibility to interrupt, move and / or cancel the Service at any time. Unforeseen circumstances as referred to in this paragraph include, among other things, inadequate registrations for a Workshop, Mirjam Heemskerk’s illness and circumstances that occur in relation to persons and / or materials that are necessary for proper implementation by Gentle Beginnings.
- In the event of a change / cancellation by Gentle Beginnings, the Client will be informed of the rescheduling of the canceled Service.
Article 7 Force majeure
- In case of force majeure Gentle Beginnings is entitled to interrupt, move and / or cancel the Service. Force majeure includes, among other things, the execution of the Service, temporarily or otherwise, being prevented by circumstances in which Gentle Beginnings can not reasonably influence, such as accidents, fire, illness, death of a close relative and extreme weather conditions.
- In the event that the Service is canceled, the provisions of Article 6 paragraph 2 apply mutatis mutandis.
Article 8 Change & Cancellation by Client
- Cancellation is only possible in writing or by telephone (e-mail, text message, whatsapp). In case of cancellation of registration for a Workshop up to fourteen days before the start of the Workshop, administration costs (25 euros) will be charged. In case of cancellation from fourteen days to seven days before the start of a Workshop, half of the Workshop costs will be charged. No refund will be made from seven days before the start of a Workshop.
- Cancellation of a treatment is free of charge up to 24 hours before the start of the appointment. If canceled after the 24-hour period before the scheduled appointment, the entire amount will be charged. With the exception of force majeure at the Client, such as Birth Delivery of the Client.
Article 9 Payment
- Costs for one-off treatments must be paid immediately after the end of the treatment via debit, payment request or cash, unless explicitly stated otherwise or agreed in writing.
- Costs for Package Services (Multiple Treatments, Placenta Preparation Package and Nourishing New Mama Plan) must be credited to the account number of MC Heemskerk in Amsterdam fully prior to the Service within the payment term, stating the invoice number, unless explicitly otherwise indicated or agreed in writing.
- In case of late payment as described in paragraph 2 of this article, Gentle Beginnings is entitled at all times not to include a reservation for Service in its agenda. If this is the case, then the right to Service for Client lapses.
- The full Workshop costs must be credited to the invoice of the Workshop on the account number of M. C. Heemskerk in Amsterdam prior to the Workshop, stating the invoice number, unless explicitly stated otherwise or agreed in writing.
- In case of late payment as described in paragraph 4 of this article, Gentle Beginnings is at all times entitled to allow another participant for a Workshop for replacement. If this is the case, the right of access for the Client lapses.
- Services for Multi-Treatment Packages and Gift Vouchers are valid for up to 1 year after the invoice date. Client is responsible for making appointments within the period of 1 year after invoice date. After this, the right to Service for Client lapses unless explicitly stated otherwise or agreed in writing.
- Gentle Beginnings reserves the right to make interim price changes.
Article 10 Costs if the payment term is exceeded
- If you do not make timely (total) payment, you are in default, without further notice of default being required. If the amount due has not been paid on the due date, Gentle Beginnings will send you a first free warning, with a request to pay within seven (7) calendar days. If this period expires without Gentle Beginnings having received the amount due, you will receive a second reminder stating that extrajudicial collection costs will be charged if the payment term of this reminder is exceeded.
- When debt collection measures have to be taken, you are legally obliged to reimburse all reasonably incurred, judicial and extrajudicial (collection) costs. The amount of the costs for extrajudicial collection costs is calculated on the basis of the Reimbursement for extrajudicial collection costs. For claims up to € 2,500, this means a possible compensation of up to fifteen percent (15%) of the principal sum, with a minimum of € 40,-
- If you are still negligent after the second reminder to pay the amount due, then Gentle Beginnings can transfer its claim against you to a third party. In addition, all costs that have to be incurred in connection with the outstanding claim of Gentle Beginnings are for your account, as well as the costs of any legal proceedings.
Article 11 Liability
- Gentle Beginnings is not liable for loss, theft or damage to personal belongings or materials brought by Client during the Service.
- Except in case of intent or gross negligence on the part of Gentle Beginnings, Gentle Beginnings is in no way liable for any physical or mental injuries that the Client may suffer during or as a result of participation in the Service.
- Liability of Gentle Beginnings for indirect damage, including consequential damage, loss of profits, and damage due to business interruption is excluded at all times.
- Any liability of Gentle Beginnings on account of an event – including a failure to act – that leads to liability is limited to the costs of the Service with which the damage has a connection.
- The liability of Gentle Beginnings is at all times limited to the amount that will be paid out in the case in question in connection with any professional / business liability insurance of Gentle Beginnings.
Article 12 Intellectual Property Rights
- The intellectual property rights to the Gentle Beginnings materials made available to Client and the website of Gentle Beginnings are held by Gentle Beginnings. The Client is explicitly not permitted to reproduce, publish or make available the material and / or the provided documentation and / or information from the website to third parties without the prior written permission of Gentle Beginnings.
- Gentle Beginnings reserves the right to make image and / or sound recordings during Workshops and to use these for their own course and promotional activities. This in consultation with the Client.
- The making of image and / or sound recordings during a Workshop or Service by the Client is expressly prohibited, unless explicitly stated otherwise or agreed in writing.
Article 13 Confidentiality
- Both parties are obliged to keep confidential all confidential information that they have obtained from each other in the context of their agreement. Information is considered confidential if this has been expressly reported by one of the parties or if this results from the nature of the information.
- When applying for a Service, the Client’s personal details are used in accordance with the provisions in the Privacy Statement.
Article 14 Special provisions
- Gentle Beginnings reserves the right to exclude clients who, due to their behavior or otherwise, hinder the normal course of the Service, in view of the importance of Gentle Beginnings and Client, from further treatments. Exclusion is without prejudice to the obligation to pay.
- Gentle Beginnings reserves the right to exclude Participants who, due to their behavior or otherwise obstruct or hinder the normal course of a Workshop, from further participation in the relevant Workshop and / or future Workshops, in view of the interest of the other participants. Exclusion is without prejudice to the obligation to pay the mandatory Workshop costs.
- Without the prior written permission of Gentle Beginnings, the Participant to one of the Workshops is not permitted in any way whatsoever within Europe directly or indirectly, whether or not for payment, to give one of the Workshops of Gentle Beginnings itself.
Article 15 Applicable law & Disputes
- Dutch law applies to the legal relationship between Client and Gentle Beginnings. All disputes will in principle be settled by the competent court in the district in which Gentle Beginnings is located.