Algemene voorwaarden

GENERAL TERMS AND CONDITIONS  

These General Terms and Conditions apply to every quotation and agreement (hereinafter referred to as “the agreement”) between Bahareh Panjeh Shahi, operating under and owner of Open Your Heart Studio, located at Lindengracht 12, 3633 AT Vreeland (hereinafter referred to as “Open Your Heart Studio”), and a client. 

Client is defined as any purchaser of a product, recipient of a service, or participant in a program, course, or training (online or live on location).

The general terms and conditions form an inseparable part of the respective agreement and are provided to the client upon or at the conclusion of the agreement upon request. The agreement may be concluded in writing or digitally via the website.

The general terms and conditions are always available on the website (www.openyourheart.studio).

Should a situation arise that is not regulated in these general terms and conditions, then this situation should be assessed in accordance with what is intended in these general terms and conditions.

Article 2 Quotations and Costs

The costs associated with the delivery of a service, participation in a program, course, or training (online or live on location), or the purchase of one or more products (including digital audio and video products) on the website of Open Your Heart Studio, as well as costs related to the execution of an agreement, shall be charged to and paid by the client.

Open Your Heart Studio calculates the costs of the service or product according to its standard price list, as listed on the website of Open Your Heart Studio, unless otherwise indicated or included in a quotation intended for the client. Changes to the standard price list are reserved.

Open Your Heart Studio cannot be held to its quotations if the client reasonably understands that the quotations, or any part thereof, contain an obvious mistake or error.

A composite quotation does not oblige Open Your Heart Studio to perform a part of the delivery of the service or product at a corresponding part of the quoted price. Quotations do not automatically apply to future service or product deliveries.

The client is responsible for the accuracy, completeness, and reliability of the information provided to Open Your Heart Studio.

Open Your Heart Studio is not liable for any form of damage because it relied on incorrect and/or incomplete data or information provided by the client.

Article 3 Delivery of Products and Services

Open Your Heart Studio may suspend the fulfilment of obligations or stop delivery if the client fails to meet the payment obligations from the delivery of the service or product fully or on time, or if, after the conclusion of the agreement, Open Your Heart Studio becomes aware of circumstances giving good reason to fear that the client will not fulfil obligations, or if due to delay on the part of the client, it can no longer be expected that Open Your Heart Studio will fulfill the delivery of the service or product under the originally agreed conditions.

If Open Your Heart Studio proceeds to suspension or cessation, it is in no way obliged to compensate for any damage and costs in any way arising therefrom.

If cessation is attributable to the client, Open Your Heart Studio is entitled to compensation for the damage, including direct and indirect costs.

Open Your Heart Studio is at all times authorized not to enter into an agreement for the delivery of products or services if, in its opinion, the products or services are not suitable for (the practice of the profession or business of) the client.

Return Policy Consumers

The client may dissolve an agreement related to the purchase of a product during a period of 14 days without giving any reason. The return period commences the day after the client receives the product. Only a complete, unused product in its original condition can be returned.

Products that are made to the client's specifications and are clearly personal cannot be returned or canceled and are excluded from the right of return period. Offered programs, courses, training, and digital audio and video products are also excluded from the right of withdrawal or return period.

The return period applies exclusively to purchases made by consumers and not to business clients.

Pre-order

If products and/or services are ordered as a pre-order by the client, the delivery date mentioned in this pre-order is always indicative. Open Your Heart Studio endeavors to deliver the product and/or service to the client on this date, but cannot be held to this date in any way nor be held liable if any delay occurs or unforeseen circumstances arise. This also applies if the client has already paid (a part of) the purchase price.

Article 4 Force Majeure

Open Your Heart Studio is not obliged to fulfill any obligation towards the client if it is hindered by a circumstance that is not due to its fault, and not deemed under the law, a legal action, or generally accepted practices to be its responsibility.

Force majeure in these general terms and conditions is understood, in addition to what is understood in the law and jurisprudence, to mean all external causes, foreseen or unforeseen, over which Open Your Heart Studio cannot exercise control, but which prevent Open Your Heart Studio from fulfilling its obligations.

In the event that Open Your Heart Studio cannot fulfill an agreed online or live session due to illness, no replacement will take place. The session will not proceed and will be moved to another date/time. No refund of payment will occur.

Article 5 Payment and Costs

Payments must be made by the client in the manner indicated by Open Your Heart Studio in advance unless agreed otherwise.

If the client fails to timely pay an outstanding amount, the client is by law in default. The client will then owe the statutory interest. The interest on the due amount will be calculated from the moment the client is in default until the moment of paying the full due amount.

Objections to the amount of an outstanding invoice do not suspend the payment obligation. Complaints regarding payable amounts must be reported in writing to Open Your Heart Studio within 7 days after the invoice date, otherwise, it is assumed that the client has accepted the invoice as correct. Offsetting with counterclaims is not allowed.

If the client is in default or in breach of contract in timely fulfilling his obligations, all reasonable costs incurred to obtain satisfaction out of court shall be borne by the client.

Payment in Instalments

If the option to pay in instalments for a product or service has been agreed upon, payment shall be made in the agreed manner and on the agreed payment dates. The amounts to be paid and the payment dates will be confirmed by Open Your Heart Studio in the invoice and/or in the digital confirmation on the website.

The payment terms are considered binding terms. This means that if a term is not paid on the ultimate date of the payment term, the client is in default. This means that Open Your Heart Studio has the right to immediately suspend its services and/or dissolve the agreement with the client.

Open Your Heart Studio reserves the right to not deliver products and services, for which a payment in instalments has been agreed but where the client is in default with the payment of one or more instalments, until full payment has been made. If payment of one or more agreed instalments fails to occur, Open Your Heart Studio may dissolve the agreement. In such cases, she will refund already paid instalments to the client, deducting costs related to the claim.

Article 6 Liability

If Open Your Heart Studio were to be liable, then such liability is limited to what is regulated in this provision.

The liability of Open Your Heart Studio is limited to the maximum amount of the relevant invoice or purchase price and is always limited to the amount that the professional/business liability insurance concluded by Open Your Heart Studio gives entitlement to in the case in question.

Open Your Heart Studio is not liable for any type of damage that has arisen because it relied on incorrect and/or incomplete data or information provided by the client.

The client acknowledges that any result may not be directly visible and measurable and that any results depend on, among other things, the client's commitment and participation. Open Your Heart Studio provides no guarantees for achieving a particular result by the client.

The information provided on the website or through delivered services or products or during online or live programs, courses, and training should not be considered as medical, therapeutic, or any other professional advice or diagnosis. In case of physical or mental complaints, the client should always consult a skilled doctor and/or therapist.

Open Your Heart Studio accepts no liability for any damage that results from the use, reliance on, or actions taken following the information provided on the website and/or through services or (digital audio or video) products and/or during programs, courses, and training (online or live on location).

Open Your Heart Studio is only liable for direct damage.

The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence of Open Your Heart Studio.

Article 7 Intellectual Property

Unless otherwise agreed in writing between parties, Open Your Heart Studio retains all intellectual property rights on all designs, texts, data carriers, or other information, quotations, images, and models.

Open Your Heart Studio owns all rights, titles, and interests with respect to the website of Open Your Heart Studio, the program The Golden Heart Journey, the products (including The Heart Ritual Kit), and the links. Intellectual property rights include copyrights, trademark rights, contractual and licensing rights, and all other intellectual property rights existing and all extensions and enlargements thereof.

Use of The Heart Ritual Kit by Coaches and Therapists

The use of all materials from The Heart Ritual Kit is permitted within sessions or presentations of the respective coach or therapist after purchase. Presentation and use of The Heart Ritual Kit with the ceramic hearts must always occur in the provided box, along with the gold glue wrapped in the handwoven cotton cloth, and with the accompanying instruction booklet.

The products from The Heart Ritual Kit, including the ceramic heart, the handwoven cotton cloth, the gold glue, and the instruction booklet, are intended for use by clients of the respective coach or therapist. It is not allowed to use the products and materials for information or for (resale) to third parties (directly or via a platform) or for sale/presentation at fairs or markets, or in any way, without prior permission from Open Your Heart Studio.

The name, logo, and website of Open Your Heart Studio must always be clearly identifiable and remain on all products and materials. It is not allowed to name, use, or distribute the products and materials under a different (own) name.

In all (marketing) communications, including websites, newsletters, and social media, only the following designations may be used: “The Heart Ritual presented by Open Your Heart Studio” or “The Heart Ritual from Open Your Heart Studio” or “The Heart Ritual”. It is not allowed to name The Heart Ritual differently in this (marketing) communication.

In case of deviating use or in case of doubt about the manner of use of products, expressions, or materials, prior consultation should always be sought with Open Your Heart Studio.

By purchasing The Heart Ritual Kit and/or using the material, the coach/therapist agrees that the purchase is final and that no return and/or refund is possible. Open Your Heart Studio does not accept any chargeback or refund request, from the coach or from a third party, by virtue of a payment for The Heart Ritual Kit since the coach/therapist has taken note of the present general terms and conditions and has agreed to them.

Sale of The Heart Ritual Kit through Third Parties

The sale of The Heart Ritual Kit can be agreed upon by Open Your Heart Studio with third parties, including retail companies, under conditions and terms to be agreed upon.

Article 8 Applicable Law and Disputes

All legal relationships to which Open Your Heart Studio is a party are subject to Dutch law.

Any disputes arising from or related to these general terms and conditions will be submitted to the competent court of the Central Netherlands Court in Utrecht.

Chamber of Commerce number 80755666

March 5, 2024