Terms and Conditions
In these General Terms and Conditions, the following definitions apply:
Terms and Conditions: The General Terms and Conditions as stated below.
Agreement : Any agreement concluded between Hypnoheal and the Other Party.
Reflection time: The period within which the Consumer or customer can make use of his Right of Withdrawal;
Company: The Other Party acting in the course of a business or profession.
Consumer: The Other Party not acting for purposes related to its trade, business, craft or profession.
Other party: The person who has accepted these general terms and conditions and who has purchased the product and/or has ordered the provision of the service. The Other Party includes both Consumers and Businesses. The Other Party includes the client who purchases hypnosis sessions, the participant in the training, the member with a free or paid membership and the customer of the digital content and/or remote services.
Shift: All work, in whatever form, that Hypnoheal has performed for or for the benefit of the Other Party.
Remote services: The agreement between the other party and Hypnoheal, whereby in the context of a system for distance services organized by the Hypnoheal, until the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication, such as a website, telephone or other means of communication
Digital Content: Data produced and supplied in digital form;
Durable data carrier: Any tool – including e-mail – that enables the Other Party to store information that is personally addressed to it in a way that prevents future consultation or use during a period that is tailored to the purpose for which the information is intended. , and which allows unaltered reproduction of the stored information;
Right of withdrawal: the possibility of the Consumer to waive the Distance Contract within the cooling-off period;
Fee : The financial compensation that has been agreed with the Other Party for the execution of the assignment.
Buy remotely: The agreement between the other party and Hypnoheal, whereby in the context of a system for distance selling organized by the Hypnoheal, until the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication, such as a website, telephone or other means of communication
Model withdrawal form: The European Model withdrawal form included in Appendix I of these terms and conditions;
Remote communication technology : Means that can be used for concluding an Agreement, without the Other Party and the entrepreneur having to meet in the same room at the same time.
Education: The offer of Hypnoheal can consist of education, training, courses, workshops, seminars hereinafter referred to as training, whereby knowledge transfer takes place between a teacher from Hypnoheal or a teacher from another institute.
Hypnosis session: This concerns an individual appointment with a hypnotherapist from Hypnoheal, in which the Other Party formulates a specific objective to work on during the session.
Group Hypnosis Sessions: This concerns sessions in which a Hypnoheal hypnotherapist works with a group on a specific goal.
Healthcare provider: Therapist (natural or legal person) who is affiliated with one (or more) recognized professional organisation(s)
Session Agreement : Closed (treatment) Agreement between the care provider and the client. See article 8.
Article 2 - Applicability
These General Terms and Conditions apply to every offer from Hypnoheal and Agreement, both at a distance and in another way concluded between Hypnoheal and the Other Party.
These General Terms and Conditions also apply to Agreements with Hypnoheal, for the execution in which third parties must be involved.
The applicability of any purchase or other General Terms and Conditions of the Other Party is expressly rejected.
The text of these General Terms and Conditions is offered via a link in the relevant digital order forms on the websites or sent with the confirmations of registration for training. Before the Distance Contract is concluded, the text of these General Terms and Conditions will be made available to the Other Party via the Hypnoheal website.
In the event that, in addition to these General Terms and Conditions, specific product or
terms and conditions of service apply, these will be stated in the offer. Where it concerns training, these are included in the confirmation of registration.
If it appears that one or more provisions in these General Terms and Conditions are void or voidable, the General Terms and Conditions will remain in force in all other respects. In the event of this situation, Hypnoheal and the Other Party will consult with the aim of agreeing new provisions to replace the void or voided provisions.
If Hypnoheal does not always require strict compliance with these terms and conditions, this does not mean that the provisions thereof do not apply, or that Hypnoheal would to any extent lose the right to enforce strict compliance with the provisions of these terms and conditions in other cases. to desire.
Deviations from the Agreement and General Terms and Conditions are only valid if they have been expressly agreed in writing with Hypnoheal.
Article 3 - The offer
Offers are made in writing and/or electronically, unless urgent circumstances make this impossible.
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
Hypnoheal cannot be held to its offers if the Other Party, in terms of reasonableness and fairness and generally accepted views, should have understood that the offer or a part thereof contains an obvious mistake or error.
If the acceptance, whether or not on minor points, deviates from the offer included in the offer and/or quotation, Hypnoheal is not bound by it. The Agreement will then not be concluded in accordance with this deviating acceptance, unless Hypnoheal indicates otherwise.
Each offer contains such information that it is clear to the Other Party what rights and obligations are attached to the acceptance of the offer.
Offers do not automatically apply to future orders or repeat orders.
Article 4 - The agreement
Subject to the provisions of Article 3, the Agreement is concluded at the time of acceptance by the Other Party of the offer and the fulfilment of the associated conditions.
If the Other Party has accepted the offer electronically, Hypnoheal will confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the Hypnoheal, the Other Party may dissolve the Agreement.
If the Agreement is concluded electronically, Hypnoheal will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the Consumer or customer can pay electronically, Hypnoheal will observe appropriate security measures.
Hypnoheal reserves the right to refuse training participants without stating reasons.
Article 5 - Change agreement
If during the execution of the Agreement it appears that it is necessary for a proper execution
is necessary to change or supplement the Agreement, Hypnoheal will inform the Other Party as soon as possible. The parties will then proceed to amend the Agreement in good time and in mutual consultation.
If the parties agree that the Agreement will be amended or supplemented, the time of completion of the execution may be affected as a result. Hypnoheal will inform the Other Party of this as soon as possible.
If the amendment or addition to the Agreement will have financial, quantitative and/or qualitative consequences, Hypnoheal will inform the Other Party about this in advance.
If a fixed Fee, price and/or rate has been agreed, Hypnoheal will indicate to what extent the amendment or supplement to the Agreement will affect the price. Hypnoheal will try, as far as possible, to provide a quotation in advance.
Hypnoheal will not be able to charge additional costs if the change or addition is the result of circumstances that can be attributed to Hypnoheal.
Changes to the originally concluded Agreement between the Other Party and Hypnoheal are only valid from the moment that these changes have been accepted in writing by both parties by means of an additional or amended Agreement.
Article 6 - Reflection period and right of withdrawal
This provision only applies to the Other Party in the capacity of Consumer.
6.1. For products:
In the case of distance selling, delivery must take place within 30 calendar days at the latest.
In the event of Distance Selling and/or Services, Hypnoheal has the right to oblige the Consumer to pay a maximum of 50 percent of the price in advance.
The Consumer can dissolve an Agreement with regard to the purchase of a product during a reflection period of at least 14 calendar days without stating reasons. Hypnoheal may ask the Consumer for the reason for withdrawal, but not oblige him to state his reason(s).
Hypnoheal may, provided it has clearly informed the Consumer about this prior to the ordering process, refuse an order for multiple products with different delivery times if the delivery of a product consists of different shipments or parts: the calendar day on which the Consumer, whether a third party designated by him has received the last shipment or the last part;
For digital content that is not delivered on a tangible medium:
The Consumer cannot dissolve an Agreement for the supply of digital content that is not delivered on a tangible medium on the basis of the right of withdrawal due to the nature of the product purchased.
During the cooling-off period, the Consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the Consumer may only handle and inspect the product as he would be allowed to do in a store.
The Consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1. The Other Party is not liable for the depreciation of the product if Hypnoheal has not provided it with all legally required Information about the right of withdrawal before or at the conclusion of the Agreement.
The aforementioned reflection period starts on the calendar day after the Consumer, or a third party designated in advance by the Consumer, who is not the carrier, has received the product, or: if the Consumer has ordered several products in the same order: the calendar day on which the Consumer or a third party designated by him has received the last product.
If the Consumer makes use of his right of withdrawal, he must report this to Hypnoheal within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 calendar days from the day following the notification referred to in paragraph 1, the Consumer returns the product or hands it over to (an authorized representative of) the Hypnoheal.
The Consumer has in any case observed the return period if he returns the product before the reflection period has expired.
The Consumer returns the product in proper packaging with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by Hypnoheal.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the Consumer.
The Consumer bears the direct costs of returning the product. If Hypnoheal has not reported that the Consumer has to bear these costs or if Hypnoheal indicates that it will bear the costs itself, the Consumer does not have to bear the costs for return.
If the Consumer exercises his right of withdrawal, all additional Agreements will be dissolved by operation of law.
6.2. During training:
After the date of registration for a course, cancellations can be made free of charge within 14 calendar days. Furthermore, the training can be cancelled up to seven calendar days before the start, whereby the participant is entitled to a refund of the training fee, with the exception of the amount of (possible) deposit or registration costs, which amount will be charged as costs.
The Other Party will notify the cancellation in writing within 14 calendar days of participation in the training.
6.3 Exclusion right of withdrawal
Hypnoheal excludes the following services from the right of withdrawal:
Services performed on a specific date or during a specific period, such as individual or group hypnosis sessions and training.
Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
The delivery of digital content other than on a tangible medium, but only if:
the execution has started with the express prior consent of the Consumer; and the Consumer has declared that he thereby loses his right of withdrawal.
Products and/or services whose price is subject to fluctuations in the financial market over which Hypnoheal has no influence and which occur within the withdrawal period.
Products and/or services that are delivered within the cooling-off period with the consent of the Other Party.
Products and/or services that cannot be returned due to their nature.
Article 6.4 Obligations of Hypnoheal in case of withdrawal
If Hypnoheal has received the notification of withdrawal by the Consumer, he will immediately send a confirmation of receipt after receiving this notification.
Hypnoheal will reimburse all payments made by the Consumer, including any delivery costs charged by Hypnoheal for the returned product, without delay but within 14 calendar days following the day on which the Consumer notifies him of the withdrawal, but can wait to refund the product. has received or until the Consumer demonstrates that he has returned the product, whichever is the earlier.
Article 7 - Delivery and execution
Hypnoheal will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the Consumer has made known to Hypnoheal.
Hypnoheal will execute the accepted orders expeditiously but at the latest within 30 calendar days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the Consumer will be notified of this no later than 30 calendar days after he has placed the order. In that case, the Consumer has the right to dissolve the Agreement without costs and is entitled to any compensation.
If a term has been agreed or specified for the delivery of the good or for the performance of certain activities, this term is only indicative and can never be regarded as a strict deadline.
If Hypnoheal needs information or instructions from the Other Party, which are necessary for the delivery or execution of the Agreement, the delivery period and the implementation period will commence after the Other Party has provided them to Hypnoheal.
If the delivery term or the execution term is exceeded, the Other Party must give Hypnoheal written notice of default, whereby Hypnoheal is still offered a reasonable term to deliver the item or to implement the Agreement.
A notice of default is not necessary if delivery or execution has become permanently impossible or if it has otherwise become apparent that Hypnoheal will not fulfil its obligations under the Agreement. If Hypnoheal does not proceed with delivery or execution within this period, the Other Party has the right to dissolve the Agreement without judicial intervention and/or to demand compensation.
In the event of cancellation by Hypnoheal, the amount already paid will be refunded within 14 calendar days
Other party refunded. Hypnoheal cannot be held responsible for costs incurred by the participant in the context of the training, such as travel costs, accommodation costs, etc.
Article 8 - Conditions of session agreements
This provision only applies to the Session Agreements concluded between Hypnoheal (referred to in this provision as: ‘care provider’) and the Other Party.
General Terms and Conditions of a Other Party, however stated or called, do not apply to the legal relationship between the parties and are rejected by GAT in advance.
8.2. Acceptance of orders
All offers of the care provider are without obligation and revocable, even if a term is stated therein to which the offer applies. When providing information verbally, an offer is only deemed to have been made as soon as this has been confirmed in writing by the healthcare provider.
Session Agreements are concluded by written acceptance of the price agreement by the Other Party or verbal confirmation. If changes are made to this by the Other Party, the Agreement will only be concluded after the healthcare provider has agreed to those changes in writing.
A Session Agreement can concern both an individual treatment and a trajectory of treatments.
8.3. Duration of the session Agreement and dissolution
Unless stipulated otherwise in the Session Agreements, these are entered into for the duration of a trajectory or individual treatment. At the end of the agreed contract period, the Agreement can be extended (also tacitly) in consultation between both parties.
Without prejudice to the right to compensation for costs, damage and interest, each of the parties is entitled to dissolve the Session Agreements without judicial intervention with immediate effect by registered letter if:
The Other Party has failed to fulfil one or more of its obligations and is negligent in fulfiling its obligations within a term set for compliance by registered letter, unless the shortcoming(s) are of such a nature or minor significance that they reasonableness does not justify termination.
For the Other Party bankruptcy or suspension of payments is requested or granted, or measures are taken that indicate termination or cessation of the company.
Any right of the Other Party to set off any claims against the healthcare provider against any claim of the Other Party against the healthcare provider is expressly excluded. The healthcare provider has the right and authority at all times to set off claims it has against the Other Party against any claims that the Other Party has against the healthcare provider.
Cancellation of appointments arising from a Session Agreement must be made no later than 48 hours before the agreed time.
The following cancellation conditions apply to cancellation of appointments:
In the event of cancellation up to 48 hours before the start, the Other Party does not owe any costs
In the event of cancellation 24 hours before the start of a consultation, the Other Party owes 50% of the amount of the appointment.
In case of cancellation within 24 hours before the start of a consultation, the Other Party owes 100% of the amount for the appointment.
If a consultation is shifted to a later date at the request of the Other Party, the Other Party does not owe any costs if it is shifted up to 48 hours before the start of the appointment, 50% of the amount for the appointment within 48 hours before the start and within 24 hours before the start. the full amount of the appointment.
If cancellation does not take place or takes place too late, the healthcare provider is entitled to charge for the relevant service(s), without prejudice to the right to payment of all costs incurred by him/her in these.
The healthcare provider is reasonably entitled to change an already scheduled appointment.
8.5. Confidentiality, file management and right of access
The healthcare provider will treat all information regarding the Other Party that it obtains in the performance of its services confidentially and will not make this information available to third parties, except insofar as the healthcare provider is obliged to do so or the healthcare provider has obtained permission.
The healthcare provider will impose a duty of confidentiality on its employees and any third parties engaged in the performance of services.
The healthcare provider will provide reports on treatment/treatment processes at the request of the Other Party, with due observance of the GDPR.
8.6. Force of the majority
If the healthcare provider is unable to fulfil its obligations under the Session Agreements, or cannot fulfil them on time or properly, as a result of a cause that cannot be attributed to it, including (but not limited to): stagnation in the regular course of events within the organization of the care provider, illness of (one of the) persons charged with the execution of the Session Agreements, etc., the obligations of the care provider are suspended until it is able to fulfil those obligations after all.
8.7. Billing and Payment
All prices are in Euros (€). All prices include VAT/turnover tax, unless it is expressly stated that this is not included.
Services for the private Other Party must be paid immediately after the services to the therapist against consultation of an invoice.
Services for the Other Party, not being private individuals, are already charged by the care provider by means of an invoice according to the agreement.
Invoicing takes place on the basis of the rates agreed between the parties and the number of transactions at the start of the service.
Unless otherwise agreed in writing, the Other Party must pay the care provider within 14 calendar days of the invoice date, without any appeal to settlements.
If one or more price invoices undergo an increase after the date of the formation of the Session Agreements, the healthcare provider is entitled to increase the agreed price accordingly.
The healthcare provider is entitled to increase the agreed price every year.
If there is a process, the parties can agree on payment in instalments in writing.
When transferring the payment term, the Other Party is in default, without notice of default being required. The healthcare provider is entitled to suspend its obligations to provide services with effect from the date on which the payment term has expired. The healthcare provider will inform the Other Party in good time of the aforementioned suspension of its services. The Other Party will owe statutory interest on the outstanding amount with effect from the aforementioned date.
Furthermore, all extrajudicial collection costs are for the account of the Other Party. Collection costs include the costs of lawyers, bailiffs and collection agencies, determined in accordance with the applicable or customary rates.
There is a best efforts obligation in the performance of the services provided by the healthcare provider.
The healthcare provider does not provide a (medical) guarantee in any way, nor is it liable in any way for (medical) complications that occur at the time or after the performance of the services at the Other Party, which are not due to a serious attributable failure of the healthcare provider.
The healthcare provider is in no way liable for consequential damage.
The healthcare provider is not liable insofar as damage results from the fact that the Other Party has not properly followed oral or written advice by the healthcare provider.
The liability of the care provider for damage resulting from the services it may provide with the involvement of non-subordinates is limited to a maximum of the costs of a treatment.
In all cases, any liability of the healthcare provider is limited to the amount charged to the Other Party, or to a maximum of the amount covered by the liability insurance taken out by the healthcare provider.
The healthcare provider is in no way liable for the quality and composition of the accessories, supplements, medicines, etc.
8.9. Applicability of law and disputes
Spanish law applies to the services provided by the healthcare provider.
In disputes arising from or related to the services of the care provider, only the courts have jurisdiction to hear this dispute.
Article 9 - Payments
With regard to the Other Party in the capacity of Consumer, the prices and rates
expressed in euros, including VAT and other government levies, unless otherwise indicated.
The statutory VAT is passed on to companies subject to VAT.
With regard to the Other Party in its capacity as Company, the prices and rates are expressed in euros, exclusive of VAT and other government levies, unless indicated otherwise.
Payment is made by transfer to a bank account designated by Hypnoheal or in cash at the time of purchase or delivery, unless otherwise agreed. Transfer takes place by means of an invoice or bank transfer.
Payment in arrears must be made within 14 calendar days of the invoice date, in a manner to be indicated by Hypnoheal and in the currency in which the invoice is made, unless otherwise agreed.
The Other Party is not authorized to deduct any amount due from a counterclaim made by it.
In the event of an Agreement to provide a service, this term commences on the day after the Other Party has received confirmation of the Agreement.
If, when following a professional training course, the option is given to pay in instalments, the Other Party will be obliged to pay all instalments.
The Other Party has the obligation to immediately report inaccuracies in payment details provided or stated to the Hypnoheal.
Other parties of hypnosis sessions pay immediately after the session. In the event that an invoice is sent in consultation, a payment term of 14 calendar days applies.
If the Other Party does not comply with its payment obligation(s) in time, it will, after Hypnoheal has informed it of the late payment and Hypnoheal has granted the Other Party a period of 14 calendar days to still meet its payment obligations, after failure to pay within this 14 calendar days period, the statutory interest will be owed on the amount still owed and the Hypnoheal is entitled to charge the extrajudicial collection costs incurred by it.
These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. Hypnoheal may deviate from the stated amounts and percentages for the benefit of the Consumer/buyer.
In the event of bankruptcy, suspension of payment or receivership, the claims of Hypnoheal and the obligations of the Other Party towards Hypnoheal are immediately due and payable.
Article 10 - Dissolution
If the Other Party does not, not fully, not timely or not properly comply with an obligation under the Agreement, Hypnoheal is authorized to dissolve the Agreement with immediate effect, unless the shortcoming does not justify the dissolution in view of its minor significance.
Furthermore, Hypnoheal is authorized to dissolve the Agreement with immediate effect if:
After the Hypnoheal Agreement has been concluded, circumstances have become known that give good grounds to fear that the Other Party will not fulfil its obligations;
the Other Party was requested to provide security for the fulfilment of its obligations under the Agreement and this security is not forthcoming or is insufficient;
due to the delay on the part of the Other Party, Hypnoheal can no longer be expected to fulfil the Agreement under the originally agreed conditions;
circumstances arise of such a nature that fulfilment of the agreement is impossible or that unaltered maintenance of the agreement cannot reasonably be expected of Hypnoheal;
the Other Party is declared bankrupt, submits a request for suspension of payment, requests application of the debt rescheduling of natural persons, is confronted with an attachment of all or part of his property;
the Other Party is placed under guardianship;
the Other Party dies.
Dissolution takes place by means of written notification without judicial intervention.
If the Agreement is dissolved, Hypnoheal’s claims against the Other Party are immediately due and payable.
If Hypnoheal dissolves the agreement on the basis of the foregoing grounds, Hypnoheal is not liable for any costs or compensation.
If the dissolution is attributable to the Other Party, the Other Party is liable for the damage suffered by Hypnoheal.
Article 11 - Suspension
If the Other Party does not fulfil an obligation under the Agreement, not fully or not in time, Hypnoheal has the right to suspend the fulfilment of the corresponding obligation. In the event of partial or improper fulfilment, suspension is only permitted insofar as the shortcoming justifies it.
Furthermore, Hypnoheal is authorized to suspend the fulfilment of the obligations if:
after the Hypnoheal Agreement has been concluded, circumstances have become known that give good grounds to fear that the Other Party will not fulfil its obligations;
the Other Party was requested to provide security for the fulfilment of its obligations under the Agreement and this security is not forthcoming or is insufficient;
circumstances arise which are of such a nature that fulfilment of the Agreement is impossible or that unaltered maintenance of the Agreement cannot reasonably be expected of Hypnoheal.
Hypnoheal reserves the right to claim damages.
Article 12 - Force majeure
A shortcoming cannot be attributed to Hypnoheal or the Other Party, as the shortcoming is not due to its fault, nor is it for its account by law, legal act or generally accepted standards. In this case, the parties are also not obliged to fulfil the obligations arising from the Agreement.
In these General Terms and Conditions, force majeure is understood to mean, in addition to what is understood in that area in the law and jurisprudence, all external causes, foreseen or unforeseen, on which Hypnoheal cannot exercise any influence and as a result of which Hypnoheal is unable to fulfil obligations.
Force majeure circumstances are considered, among other things: a shortcoming of the external hosting providers and suppliers of Hypnoheal. interruptions or deposits in the power and/or telecommunications– facilities, Denial of Services (DoS) attacks, obstacles as a result of the hardware and software used by the member or the technical infrastructure used by it. exclusion, fire, water damage, natural disasters or other external calamities, mobilization, war, traffic obstructions, blockades, import or export barriers or other governmental measures, stagnation or delay in the supply of raw materials or machine parts, as well as any circumstance that prevents the normal course of the company is hindered as a result of which the fulfilment of the Agreement by Hypnoheal cannot reasonably be expected of the Other Party.
In the event of force majeure, the parties are not obliged to continue the Agreement, nor are they obliged to pay any compensation.
Both Hypnoheal and the Other Party can suspend the obligations under the Agreement in whole or in part during the period that the force majeure continues. If this period lasts longer than two months, both parties are entitled to dissolve the Agreement with immediate effect, by means of written notification, without judicial intervention, without the parties being able to claim any compensation.
If the situation of force majeure is of a temporary nature, Hypnoheal reserves the right to suspend the agreed performance for the duration of the force majeure situation. In the event of permanent force majeure, both parties are entitled to dissolve the Agreement extrajudicially.
If, at the time of the occurrence of force majeure, Hypnoheal has already partially fulfilled its obligations under the Agreement or will be able to fulfil them, and the part fulfilled or to be performed has independent value, Hypnoheal is entitled to be invoiced separately. The Other Party is obliged to pay this invoice as if it were a separate Agreement.
Article 13 - Compliance with the agreement and extra guarantee
Hypnoheal guarantees that the products and/or services comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the Agreement and /or government regulations.
An additional guarantee provided by Hypnoheal, its supplier, manufacturer or importer never limits the legal rights and claims that the Consumer can assert against the Hypnoheal under the Agreement if Hypnoheal has failed to fulfil its part of the Agreement.
An additional guarantee is understood to mean any commitment by Hypnoheal, its supplier, importer or producer in which it grants the Consumer certain rights or claims that go beyond what is legally required in the event that he has failed to comply with his part of the Agreement.
14.1. Complaints procedure regarding digital and physical products
Complaints about the implementation of the Agreement must be submitted fully and clearly described to Hypnoheal within a reasonable time after the Other Party has discovered the defects.
Complaints submitted to Hypnoheal will be answered within a period of 14 calendar days from the date of receipt. If a complaint requires a foreseeable longer processing time, Hypnoheal will answer within the period of 14 calendar days with a notification of receipt and an indication when the Other Party can expect a more detailed answer.
If the complaint cannot be resolved in mutual consultation within a reasonable period or within 3 months after submitting the complaint, Spanish law will apply.
For the Other Party in the capacity of Consumer, a term of two months always applies when discovering visible and non-visible defects.
Article 15 – Liability
The execution of the Agreement is entirely at the risk and responsibility of the Other Party.
Hypnoheal is only liable for direct damage caused by wilful recklessness or intent on the part of Hypnoheal. Direct damage is exclusively understood to mean:
material damage to the property of the Other Party;
reasonable costs incurred by the Other Party to determine the liability and (the extent of the direct) damage;
reasonable costs that the Other Party has reasonably incurred, and could and may reasonably incur, to prevent or limit the damage, insofar as the Other Party demonstrates that these costs have led to a limitation of the direct damage;
reasonable costs that the Other Party has reasonably incurred to obtain payment out of court.
Hypnoheal is never liable for indirect damage, in any case including consequential damage, lost profit, lost savings, business interruption or immaterial damage of the Other Party.
The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of Hypnoheal or its managerial subordinates.
Hypnoheal is not liable in the event of force majeure, which means external causes that cannot be foreseen and on which Hypnoheal cannot exert influence and as a result of which Hypnoheal is unable to fulfil its obligations such as illness, fire, company – and technical disturbances concerning the location of training.
Hypnoheal is not liable for mutilation, destruction, theft or loss of data or documents.
The Other Party must notify Hypnoheal of the damage for which Hypnoheal can be held liable as soon as possible, but in any case within 10 calendar days after the damage occurred, on pain of forfeiture of any right to compensation of this damage.
Any liability is limited to the amount paid out by the professional liability insurer, plus the amount of the deductible specified in the policy. If, for whatever reason, the professional liability insurance does not entitle you to a payment, Hypnoheal’s liability is in any case limited to the fee charged three times in the relevant year in the relevant case and paid by the Consumer/Customer, up to a maximum of €1000,–. Liability for oral, non-written advice is completely excluded.
Any liability of the Other Party for damage that has arisen as a result of insufficient or incorrect information provided to it by or on account of Hypnoheal is excluded.
A copy of the insurance policy will be made available upon request. Any right of recovery will in any case lapse 12 months after the date on which the occurrence of the liability should reasonably have been known and (if this cannot be established) in any case 2 years after the date of the last invoice. The provisions of this article also apply to Hypnoheal if a third party (also) claims compensation in connection with a service provided by Hypnoheal to the Other Party. Hypnoheal has professional liability insurance.
Article 16 - Indemnification
The Other Party indemnifies Hypnoheal against any claims from third parties who suffer damage in connection with the implementation of the Agreement and which is attributable to the Other Party.
If Hypnoheal should be addressed by third parties, the Other Party is obliged to assist Hypnoheal both in and out of court. All costs and damage on the part of Hypnoheal and third parties are further for the account and risk of the Other Party.
Article 17 – Limitation period
Contrary to the statutory limitation periods, a limitation period of one year applies to all claims against Hypnoheal and the third parties (possibly) engaged by Hypnoheal.
The foregoing does not apply to claims based on the non-compliance of the delivered item with the Agreement. In this case, the claims lapse two years after the Other Party has informed Hypnoheal about the defect in the delivered item.
Article 18 - Copyright statement and intellectual property
The Other Party participating in a training may be required to sign a copyright statement, whereby the Other Party expressly signs that the received training material in whatever form is the intellectual property of Hypnoheal or other interested parties and that reproduction of the material in any form manner is not permitted.
Hypnoheal reserves the rights and powers that accrue to it under the Copyright Act and other intellectual laws and regulations. Hypnoheal reserves the right to use any knowledge gained through the performance of the work for other purposes, insofar as this no confidential information is disclosed to third parties.
Article 19 - Privacy
Hypnoheal will keep the data and information that the Other Party provides to Hypnoheal carefully and confidentially.
Hypnoheal may only use the personal data of the Other Party in the context of fulfilling its obligation to deliver or handling a complaint.
Hypnoheal is not permitted to lend, rent, sell or in any other way make public the personal data of the Other Party.
If, on the basis of a statutory provision or a court decision, Hypnoheal is obliged to provide confidential information to third parties, and Hypnoheal cannot invoke a legal right of non-disclosure recognized or permitted by the competent court, then Hypnoheal is not obliged to pay damages or compensation.
The Other Party is also not entitled to dissolve the Agreement on the basis of any damage that has arisen as a result.
The Other Party agrees that Hypnoheal will approach the Other Party for statistical research or customer satisfaction research. If the Other Party does not wish to be approached for an investigation, the Other Party can make this known.
Hypnoheal reserves the right to use the other data of the Other Party anonymously for (statistical) research and database.
Article 20 - Detailed provision with regard to digital content
The Other Party that purchases digital content in the form of an audio, video or text file, or uses downloaded files or streaming content, whether or not on a carrier, expressly agrees that the digital content is exclusively intended for personal use and will not copy it for the purpose of distributing, selling or otherwise making it available to third parties in any way.
Article 21 - Amendment of General Terms and Conditions
Hypnoheal has the right to unilaterally change these Terms and Conditions.
Changes will also apply to Agreements already concluded.
Hypnoheal will inform the Other Party of the changes by e-mail.
The changes to the General Terms and Conditions will take effect 30 calendar days after the Other Party has been notified of the changes.
If the Other Party does not agree with the announced changes, the Other Party has the right to dissolve the Agreement.
When a change has taken place, this will be announced on the General Terms and Conditions
Web page conditions by means of a modified version date, or under a relevant download link.