Terms and Conditions

  1. General
    a. These general terms and conditions (the “Terms”) apply to all agreements relating to the provision of services (“Services”) and/or products (“Products”) by or on behalf of Prana Vitaal.
    b. In these Terms and Conditions, the Client: the natural or legal person (client) who purchases Services or Products from the Prana Vitaal (contractor) on the basis of an agreement. Services may include:
    i) Pranic Healing treatments, then each a “Treatment”;
    ii) by Prana Vitaal to the Client provided courses, training, education courses, learning trajectories, workshops and/or meetings (hereinafter each a “Course”), as stated on the Prana Vitaal website, for which participants can register on an individual basis; and/or
    iii) all other activities carried out by Prana Vitaal for the benefit of the Client of any kind, performed in the context of the assignment, even if they have not expressly agreed by the parties (“Other Services”).
    c. These Terms and Conditions also apply to additional and follow-up assignments from Client to Prana Vitaal.
    d. The provisions of these Terms and Conditions can only be deviated from if an express written agreement has been concluded between the parties involved. The applicability of any purchase or other conditions of the Client is expressly rejected.
    e. If there is uncertainty about the interpretation of one or more provisions of these Terms or if a situation does not occur in these Terms and Conditions, the explanation must take place in the light of these provisions.
    f. If Prana Vitaal does not always require strict compliance with these Terms and Conditions, this does not mean that the provisions thereof do not apply, or that Prana Vitaal would lose, or have specified, to any extent, to demand strict compliance with these Terms and Conditions in other cases or at a later date.
    g. If one or more provisions in these Terms and Conditions are at any time wholly or partially null and void or should be nullified, the rest in these Terms and Conditions shall remain fully applicable. Prana Vitaal and Client will then enter into consultations with a view to agreeing new provisions to replace the null and void or nullified provisions, taking into account as much as possible the purpose and scope of the original provisions.
    h. The privacy regulations (see: https:/pranavitaal.nl/privacy statement/), the cookie statement (see: https:/pranavitaal.nl/cookie policy/) and disclaimer (see Prana Vitaal Vitaal’s (see Prana Vitaal’s and disclaimer (see https:/pranavitaal.nl/disclaimer/) are an integral part of these Terms.
    i. Prana Vitaal is not yet affiliated with, recognized by, and bound by the rules set by the professional organization for alternative therapists called the Collective Alternative Therapists (see: https://catcollectief.nl/). Also, Prana Vitaal is not yet bound by the professional code of the Dispute Body Alternative Therapists (see: https://www.gatgeschil.nl/professional code/).
  2. Conclusion and end of agreement
    a. The agreement is concluded because the Client has made an oral or written agreement with Prana Vitaal for a purchase of Products and/or Services. Oral appointments will be confirmed in writing by Prana Vitaal.
    b. Prana Vitaal is entitled to request the Client to provide security for payment and other obligations arising from the agreement.
    c. The agreement ends at the time that the performance has been delivered and both parties have fulfilled all obligations arising from the agreement.
  3. Prices and payment
    a. The rates specified by Prana Vitaal are in euros, unless otherwise stated. It is indicated whether the rates are exclusive or exclusive of VAT. The Client is expected to know the specified rates and agree to them.
    b. Payment for a Treatment must be made immediately after Handling by pin, or, if approved by Prana Vitaal, on the basis of an invoice provided by Prana Vitaal. Payments for Services or Products are made on the basis of an invoice provided by Prana Vitaal, unless otherwise indicated by Prana Vitaal. Invoiced amounts must be credited to the account of Prana Vitaal within 14 days of the invoice date.
    c. For payments via the webshop also applies:
    i) There is a cooling-off period/right of withdrawal for the Client with regard to Products and Services. This means that the Client has the right to terminate this agreement without giving any reason within 14 calendar days after the conclusion of a distance contract. The agreement is deemed to have been concluded on the day that Prana Vitaal has made the confirmation thereof by email to the Client. If the Client wishes to dissolve the agreement in this period, this will be done by e-mail to info.pranavitaal.nl.
    ii) The amounts owed by the Client must be paid within 14 days after the start of the above cooling-off period, by crediting the bank account indicated by Prana Vitaal.
    iii) Prana Vitaal can stipulate in advance payment. However, unless otherwise stipulated in an individual clause, when selling Products to consumers, the consumer (Client) may never be obliged to pay in advance of more than 50%. If advance payment is stipulated, the Client cannot assert any right regarding the execution of the order in question before the stipulated advance payment has taken place.
    d. If the Client does not comply with its payment obligation(s) within the deadlines stated in this article, the Client is default without a notice of default being necessary. The Client is then also liable for statutory interest plus all reasonable costs incurred by Prana Vitaal to obtain payment in or out of court.
  4. The Quotations and quotations
    a. Insofar as Prana Vitaal makes use of quotations or quotations, the following provisions apply.
    b. Prana Vitaal is only bound by the offer or quotation if the acceptance thereof is confirmed in writing by the Client within 14 days.
    c. Prana Vitaal cannot be held to his offers or quotations if they contain an obvious mistake or error.
    d. The prices stated in the quotation or quotation are exclusive of costs and levies (hereinafter: “Additional Costs), such as (government) fees or travel and accommodation, shipping and administration costs. Additional Charges will be charged by Prana Vitaal to the Client, unless otherwise agreed.
    e. If the acceptance by the Client deviates in parts from the offer included in the quotation or quotation, Prana Vitaal is not bound by this. The agreement will not be concluded unless Prana Vitaal indicates otherwise.
    f. Quotations, rates and price quotations do not automatically apply to future orders.
  5. Confidentiality of the Secrecy of the
    a. Prana Vitaal has a duty of confidentiality of everything known to him by virtue of his duties and in the context of the Treatment, in accordance with the regulations of applicable law, the Collective Alternative Therapists and the Dispute Authorities. This obligation of confidentiality also continues after the end of the Treatment.
    b. For Courses and Other Services, the following applies:
    i) Parties are obliged to maintain the confidentiality of all confidential information they have received in the context of their agreement. Information is considered confidential within the meaning of this paragraph, if this has been explicitly communicated or made clear by the other party. Furthermore, the content of a Course given by Prana Vitaal is considered confidential information.
    ii) The obligation of confidentiality does not apply if: (i) the party in question is obliged to disclose on the basis of the law or a binding decision of the court or government body, (ii) the information becomes public, (iii) the party in question acts for itself in a legal procedure where this information may be of interest, or (iv) the other party (whose information concerns) has given written permission for disclosure.
  6. Personal data
    Personal data that reaches Prana Vitaal will be treated carefully and confidentially. Data is used exclusively for the stated purpose and basis. Prana Vitaal complies with the applicable privacy legislation and applicable rules. In particular, it concerns the General Data Protection Regulation (GDPR), and, in the case of Treatments, the rules set out in the Medical Treatment Agreement Act (WGBO), the Quality, Complaints and Disputes Act (WKKGZ), and the rules set out from the Collective Alternative Therapists and the Disputes Authority Alternative Therapists. For further information, please refer to the privacy regulations of Prana Vitaal (see: https://pranavitaal.nl/privacy statement/).
  7. Intellectual Property Rights
    Prana Vitaal, or if applicable the beneficial owner (for example, the Institute for Inner Studies Limited), retains the intellectual property rights, including the copyright, trademark, design and/or trade name rights, if applicable, relating to Products and/or Services provided by Prana Vitaal. The goods referred to in this article may not be made public and/or otherwise notified or made available to third parties without the express prior consent of Prana Vitaal.
  8. Liability and liability
    a. Prana Vitaal will perform the agreement to the best of its knowledge and ability, in accordance with the requirements of good workmanship. Prana Vitaal has an obligation of best efforts in the execution of the assignment and cannot be held liable for a result obligation.
    b. The Client shall ensure that all data, which Prana Vitaal indicates is necessary or of which the Client should reasonably understand that they are necessary for the execution of the agreement, are provided to Prana Vitaal in a timely manner.
    c. Prana Vitaal is not liable for damage of any kind caused by Prana Vitaal based on incorrect and/or incomplete information provided by or on behalf of the Client.
    d. Prana Vitaal is not liable for the inability to be effective during or after treatment, nor for any (unexpected) side effects of the Treatment.
    e. Prana Vitaal is never liable for consequential damage, lost profit, missed savings or damage due to business stagnation.
    f. Any liability of Prana Vitaal is at all times limited to direct damage. Direct damage is understood to only: (i) the reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these Terms and Conditions, (ii) any reasonable costs incurred to have the defective performance of Prana Vitaal comply with the agreement, for as long as these can be attributed to Prana Vitaal, and (iii) reasonable costs incurred to prevent or limit damage, insofar as the Client has caused to the contract.
    g. If Prana Vitaal is liable for damage, then the liability is limited to the amount of the payment of its insurer, if necessary, and otherwise up to a maximum of twice the relevant invoice value for the Treatment or other Services or Products provided, as applicable.
    h. Claims for payment of compensation lapse from one year after the day on which the Client became aware or could reasonably be aware of the damage and the possible liability of for that damage, unless other limitation periods result from applicable mandatory law.
    i. The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence of Prana Vitaal.
  9. Freedom from freedom
    The Client indemnifies Prana Vitaal, or persons engaged by Prana Vitaal, for third-party claims arising from the applications or the use of the outcome of the assignment. The operation of Article 6:76 of the Dutch Civil Code is excluded.
  10. Third parties (third parties)
    a. Prana Vitaal has the right to have certain activities, if and insofar as a proper execution of the agreement this requires, to have it carried out by third parties. Such third parties may also rely on these Terms.
    b. If certain parts of the Agreement are fulfilled by third parties, then Prana Vitaal is not liable for these parts and for the actions of these third parties, unless there is otherwise a consequence of mandatory law. The applicability of Article 7:407 paragraph 2 is excluded.
    c. If work is carried out by Prana Vitaal, or third parties engaged by Prana Vitaal, in the context of the assignment at the location of the Client or a location designated by the Client, then the Client will take care of the reasonableness by Prana Vitaal and the third-party desired facilities at his / her costs.
  11. Treatments – appointments
    a. Any appointment for a Treatment, whether or not a Treatment has taken place or that has not been cancelled by the Client at least 24 hours in advance (in accordance with Prana Vitaal, will be charged.
    b. Prana Vitaal can move a treatment in consultation with a Client.
  12. Courses – cancellation, travel and interim termination
    a. Prana Vitaal has the right to cancel, move a Course, or refuse the participation of the Client to it without giving any reason. In the event of such cancellation or refusal, the Client is entitled to a refund of the full amount paid by Prana Vitaal to Prana Vitaal.
    b. Participation in a Course can be cancelled by a client without giving any reason by sending an e-mail to info(-pranavitaal.nl: (i) for 14 calendar days after receipt of the confirmation of a registration for a Course, and also (ii) up to 30 days before the start of the first Course. If applicable, the Client is then entitled to a refund of the full amount paid to Prana Vitaal, with the deduction of costs incurred specifically in respect of the Client in respect of the Client incurred by Prana Vitaal.
    c. The Client is entitled to terminate his/her participation in the Course already in the interim or with immediate effect. The amounts charged or to be charged will remain due by the Client in that case and will not be refunded by Prana Vitaal, unless there are serious circumstances, at the free discretion of Prana Vitaal only.
  13. Products – specific provisions
    a. The offer
    i) An offer contains a complete and accurate description of the Product offered and, if applicable, the digital content. The description is sufficiently detailed to allow a proper assessment of the offer by the Client. If Prana Vitaal uses images, they are a true representation of the Products and/or digital content offered. Obvious mistakes or errors in the offer do not bind Prana Vitaal.
    b. Detailed provisions regarding the reflection period with Products (revocation)
    i) During the cooling-off period of Article 3.c.i.i) above, the Client will handle the Product and the packaging carefully. He will only unpack or use the Product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point is that the Client may only handle and inspect the product as he should in a store.
    ii) The Client is only liable for the depreciation of the Product resulting from a way of handling the Product that goes beyond what is permitted in the previous paragraph.
    iii) As soon as possible but no later than 14 days after the day of the notification by the Client of the revocation, send the Client back the Product, or the Client will hand this over to (an authorized person of) Prana Vitaal. In any case, the Client has observed the return period if he sends the Product back before the cooling-off period has expired.
    iv) The Client shall return the Product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the Prana Vitaal.
    v) The Client bears the cost of returning the Product. Prana Vitaal will reimburse the purchase payment of the Client, including any delivery costs charged by Prana Vitaal for the Product, without delay but within 14 days following the day on which the Client notifies him of the revocation. Prana Vitaal may with refund until he has received the Product or until the Client proves that he/she has returned the Product, whichever is the earlier.
    vi) Prana Vitaal can exclude the following Products from the right of withdrawal, but only if Prana Vitaal has clearly stated this in the offer, at least in time for the conclusion of the agreement:
    (1) Sealed audio, video recordings and computer software, the seal of which is broken after delivery;
    (2) Newspapers, magazines or magazines, excluding subscriptions to them; and/or
    (3) The delivery of digital content other than on a material medium, but only if: (a) the execution has started with the express prior consent of the Client; and (b) the Client has declared that he/she loses his right of withdrawal.
    c. Compliance agreement
    i) Prana Vitaal guarantees that the Products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
    d. Delivery and execution
    i) Prana Vitaal will take the utmost care in the execution of orders from Products.
    ii) The place of delivery is the address that the Client has communicated to Prana Vitaal.
    iii) Prana Vitaal will execute accepted orders expeditiously but no later than 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order can not or only partially be executed, the Client will be notified of this no later than 30 days after he has placed the order. In that case, the Client has the right to terminate the agreement without any costs. After dissolution, Prana Vitaal will refund the amount that the Client has paid without delay.
    iv) The risk of damage and/or loss of products rests with Prana Vitaal until the moment of delivery to the Client, unless expressly agreed otherwise.
  14. Force majeure
    a. a. Prana Vitaal is not obliged to fulfill any obligation towards the Client if he is prevented from doing so as a result of a circumstance that is not due to his fault, and is not for his account under the law, a legal act or generally accepted standards. Disease on the side of Prana Vitaal falls under force majeure.
    b. . Prana Vitaal may suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, each of the parties is entitled to dissolve the agreement, without obligation to pay compensation to the other party.
    (c.c.) Insofar as Prana Vitaal has already partially fulfilled his obligations under the agreement during the occurrence of force majeure or will be able to fulfil them, and the fulfilled or to the part fulfilled or to be fulfilled respectively has independent value, Prana Vitaal is entitled to invoice that part separately. The Client is obliged to pay this invoice as if it were a separate agreement.
  15. Suspension and dissolution
    a. Prana Vitaal is authorized to suspend the fulfillment of the obligations or to dissolve the agreement, if: (i) the Client does not, not fully or not timely fulfil the obligations under the agreement, (ii) after the conclusion of the agreement to Prana Vitaal knowledge-fulfilment circumstances, give good reason to fear that the Client will not fulfil the obligations, (iii) the Client is not sufficiently informed to provide the obligations of the agreement (iii) the Client is not sufficiently informed of the obligations of the agreement (ii)Due to the delay on the part of the Client, Prana Vitaal can no longer be required to comply with the agreement under the originally agreed conditions.
    b. Furthermore, Prana Vitaal is entitled to dissolve the agreement if circumstances arise that are of such a nature that compliance with the agreement is impossible or if other circumstances arise that are of such a nature that unaltered maintenance of the agreement cannot reasonably be expected from Prana Vitaal.
    c. As a result of the dissolution, Prana Vitaal’s claims against the Client are immediately due and payable. As a result of suspension by Prana Vitaal, he retains his claims under the law and agreement. The Client is already obliged to reimburse Prana Vitaal for work and costs incurred.
    d. If the dissolution is attributable to the Client, Prana Vitaal is entitled to compensation for the damage, including the costs, thereby directly and indirectly arising. Prana Vitaal is not obliged to pay any compensation or compensation.
  16. Modifications of conditions and provision
    a. Prana Vitaal is at all times entitled to change or supplement these general terms and conditions.
    b. The amended Terms and Conditions apply to new agreements.
    c. The most up-to-date version of the conditions is always available via the Prana Vitaal website.
  17. Applicable law, disputes and complaints
    a. All legal relations to which Prana Vitaal is a party are exclusively governed by Dutch law, even if an obligation is fully or partially performed abroad or if the party involved in the legal relationship is domiciled there. If a dispute is not resolved by mutual agreement, the dispute may be submitted by each of the parties to the competent Dutch court.
    b. Prana Vitaal meets the requirements of the Quality, Complaints and Dispute Care Act (WKKGZ). In case of complaints about the treatment, it is good to make this known. If a personal conversation or mediation does not result in the desired result, the complaint procedure of the Disputes Authority Alternative Therapists can be used (see: https://catcollectief.nl/k-over-a-cat-theother-theother-theother-theorem/).