Last modified on: January 09 2025
- Definitions
- General Terms and Conditions: These General Terms and Conditions.
- WH De Ridder Holding BV, also trading under the name BrahmanMenor, located at Torenlaan 5A, 1402 AT, Bussem and registered with the Chamber of Commerce under number 67976395.
- Consumer: the Client who is not acting in the exercise of a profession or business.
- Service(s): service(s) as described in the Agreement.
- Products: all products as described in the Agreement.
- Quotation: a written offer from BrahmanMenor.
- Client: the natural person or legal entity, whether or not acting in the exercise of a profession or business, who has entered into an Agreement with BrahmanMenor.
- Agreement: The agreement between the Parties under which BrahmanMenor provides its Services to the Client, and of which the General Terms and Conditions form an integral part.
- Party(ies): BrahmanMenor and Client together or separately.
- Confidential Information: non-public information relating to a Party and information that a Party designates as confidential or that, by virtue of the nature of the information or the circumstances of its disclosure, should be treated as confidential.
- Employee: The person who is employed by one of the Parties or who performs work for the relevant Party on an assignment basis.
- Business Customer: the Client who acts in the exercise of a profession or business.
- Applicability and interpretation
- The General Terms and Conditions apply to and form part of every (legal) act related to the preparation, establishment or execution of the Agreement. The General Terms and Conditions also apply to all subsequent Agreements between Client and BrahmanMenor, if Client has accepted their validity in previous Agreements with BrahmanMenor.
- The applicability of any purchasing or other conditions of the Client is expressly excluded.
- Provisions or conditions set by the Client that deviate from or do not appear in the General Terms and Conditions shall only apply to the Agreement to the extent that the Parties agree to this in writing.
- In the event that specific product, promotion or service conditions apply in addition to these General Terms and Conditions, those conditions also apply, but in the event of conflicting conditions the Consumer can always invoke the applicable provision that is most favourable to him.
- Formation of the Agreement
- All quotations and other offers from BrahmanMenor are without obligation, unless expressly stated otherwise in writing.
- Each Offer contains such information that it is clear to the Contractor what the rights and obligations are that are connected to the acceptance of the Offer. The Offer contains in any case the following information:
- Workshop start date;
- Duration of the workshop;
- Number of nights;
- Any homework and/or dietary advice required to participate in the workshop and any homework and/or dietary advice that the Contractor must comply with after participating in the workshop;
- The price of the workshop;
- The method and term of payment.
- If a BrahmanMenor Quotation is (partly) based on information provided by the Client, the Client is responsible for the completeness and accuracy of the information. The consequences of providing incomplete and/or inaccurate information, including information that does not correspond to reality, are at the expense and risk of the Client.
- All information, illustrations, data, specifications, etc. provided with the Quotation are always approximate and are only binding for BrahmanMenor if this has been expressly stated in writing by BrahmanMenor.
- BrahmanMenor cannot be held to its Quotation if the Client should have understood that the Quotation, or a part thereof, contained an obvious error or mistake.
- Upon acceptance of a non-binding Offer, BrahmanMenor reserves the right to revoke the Offer or deviate from it immediately after receipt of acceptance. If an Offer is accepted by the Client within the term for acceptance as stated in the Offer, an Agreement will be concluded at the moment that the Client accepts the Offer and meets the conditions set by BrahmanMenor. If the Client has accepted the Offer electronically, BrahmanMenor will immediately confirm receipt of acceptance of the Offer electronically. As long as receipt of this acceptance has not been confirmed, the Consumer has the option to terminate the Agreement.
- Verbal commitments only bind BrahmanMenor after they have been expressly confirmed in writing by BrahmanMenor.
- In any case, an Offer is deemed to have been accepted if the Agreement is executed without objection.
- Execution of the Agreement by BrahmanMenor
- BrahmanMenor will commence implementation after the Agreement has been concluded, on the date or at the time agreed in the Agreement.
- The Client is obliged to do and refrain from doing everything that is reasonably necessary and desirable to enable timely and correct execution of the assignment. In particular, the Client shall ensure that all data that BrahmanMenor indicates is necessary or that the Client should reasonably understand is necessary for the execution of the assignment, are provided to BrahmanMenor in a timely manner.
- If and to the extent that proper execution of the Agreement requires this, BrahmanMenor has the right to engage third parties in the execution of the Agreement. The General Terms and Conditions also apply to the work that third parties perform in the context of the Agreement. These third parties are not authorized to represent.
- BrahmanMenor will perform the services it is to provide under the Agreement, to the best of its knowledge and ability and in accordance with the requirements that may be imposed on a contractor, in mutual trust and through joint efforts with the Client. The performance of an Agreement by BrahmanMenor always has the character of an “obligation to make an effort”. Achieving the intended result cannot be guaranteed.
- BrahmanMenor may set an upper limit for the number of participants in a workshop. Registered participants will be placed in a workshop in order of registration. If a participant cannot be placed, they will be notified by e-mail. In this case, the amount already paid including VAT will be returned to the Client.
- BrahmanMenor reserves the right to change the date, location or time of the workshop or to have the workshop provided by another teacher(s) if the originally announced teacher(s) are unable to attend. BrahmanMenor will notify the Client of the change by email within 48 hours of such a change. If the Client is notified of such a change less than four weeks before the workshop date, the Client has the right to cancel the workshop free of charge by email within 5 working days of the change notification. After that, this is no longer possible and the Client owes the agreed price.
- If insufficient registrations for a workshop have been received or in case of other insurmountable circumstances, BrahmanMenor is entitled to cancel a workshop. In case of such a cancellation, BrahmanMenor will return the amount already paid to the Client, including VAT.
- Duration and termination of the Agreement
- The duration of the workshop is set out in the Agreement.
- A Business Customer cannot cancel the Agreement.
- If the Consumer Client wishes to terminate the Agreement, BrahmanMenor is entitled to charge the following costs to the Client:
- In case of cancellation more than 6 months before the planned workshop date, the Client owes 5% of the agreed amount.
- In case of cancellation between 6 and 4 months before the planned workshop date, the Client owes 20% of the agreed amount.
- In case of cancellation between 4 and 2 months before the planned workshop date, the Client owes 40% of the agreed amount.
- In case of cancellation within 2 months before the planned workshop date, the Client owes 100% of the agreed amount
- Any payments already made will be refunded to the Client within a period of 14 days if the Client is entitled to them on the basis of the above rules.
- Obligations which by their nature are intended to continue after the end of the Agreement shall remain in full force and effect after the end of the Agreement and shall apply to the Client and its legal successors.
- Digital products, such as online training courses or Ebooks, that are delivered as a download immediately after payment, even if not downloaded, cannot be cancelled and no refund will be made.
- Amendments to the Agreement
- BrahmanMenor has the right to immediately change the agreement if the Client is physically or otherwise unable to commence or continue the activity before or during an activity, as determined by BrahmanMenor who at all times has the full and exclusive authority to do so. BrahmanMenor may decide to allow the Client to participate in an alternative program, follow a different route or cancel his or her participation in the activity completely. BrahmanMenor is not liable for any damage and/or injury suffered by the Client. BrahmanMenor is also not obliged to refund the payments made by the Client and agreed upon in the contract.
- BrahmanMenor has the right to immediately change the agreement if the Client is physically or otherwise unable to commence or continue the activity before or during an activity, as determined by BrahmanMenor who at all times has the full and exclusive authority to do so. BrahmanMenor may decide to allow the Client to participate in an alternative program, follow a different route or cancel his or her participation in the activity completely. BrahmanMenor is not liable for any damage and/or injury suffered by the Client. BrahmanMenor is also not obliged to refund the payments made by the Client and agreed upon in the contract.
- Price and payment
- Client shall pay BrahmanMenor the amount as stated in the Agreement immediately upon acceptance of the Offer. All prices stated by BrahmanMenor are in euros. Client is obliged to pay the agreed price in advance. Payments must be made via the BrahmanMenor website. Full advance payment is required in all cases. Payments can only be made via the website.
- All prices stated by BrahmanMenor include sales tax (VAT) and other government levies, unless stated otherwise.
- Client Obligations
- Client shall ensure that all information, psychological and/or physical complaints as well as all data that according to him may be necessary or important for the execution of the Agreement, are provided to BrahmanMenor in a timely manner. Client is responsible for the correctness and completeness thereof.
- Participation in a workshop is entirely voluntary. If the Client does not participate, for whatever reason, the non-participation does not entitle the Client to a refund, even in part, of the agreed price.
- Participation in a workshop is entirely at the Client's own risk. The Client is aware that the workshops should be considered a form of personal development, personal coaching and/or as a form of leisure activity. A workshop can in no way be considered as medical treatment in the broadest sense of the word.
- All BrahmanMenor staff are not doctors, psychiatrists, psychologists or dieticians. No medical diagnoses are made, no medicines are prescribed and no medical services are provided. All workshops are based on known, documented and accepted methods.
- Client is not permitted to make audio and/or video recordings during a workshop without prior permission from BrahmanMenor. Permission must be provided in writing by BrahmanMenor to Client.
- Warranty
- BrahmanMenor guarantees that the services provided comply with the Agreement.
- BrahmanMenor offers no guarantees or commitments except as expressly stated in the Agreement and/or these General Terms and Conditions.
- The provisions in these General Terms and Conditions regarding warranty do not affect the warranty claims of the Client under the applicable statutory provisions.
- Intellectual property rights
- The Intellectual Property Rights, including all names, images, drawings, (technical) descriptions, exercises, training, diagrams and advice which BrahmanMenor provides to the Client, are vested in BrahmanMenor. The Client is prohibited from reproducing, publishing, making available to third parties or otherwise giving into use and/or using or making available in its own business activities and/or the business activities of third parties, whether or not, for no consideration unless BrahmanMenor has given its express written permission to do so.
- Client shall not perform any actions that may infringe the Intellectual Property Rights of BrahmanMenor, including but not limited to the publication and/or reproduction in whole or in part of the information referred to in the previous paragraph without permission. Client acknowledges and accepts that any unauthorized use or action infringes the Agreement and the applicable laws and regulations.
- confidentiality
- Parties shall treat information that they provide to each other before, during or after the performance of the Agreement as confidential if this information can reasonably be considered confidential or has been explicitly designated as confidential by one of the Parties. Parties shall also impose this obligation on their Employees and on third parties engaged by them for the performance of the Agreement.
- The obligation of confidentiality shall continue to exist after termination of the Agreement for any reason whatsoever, and for as long as the disclosing party can reasonably claim the confidential nature of the information.
- Liability
- The limitations of liability in this Agreement apply except if and to the extent that the damage is the result of intent or deliberate recklessness on the part of BrahmanMenor.
- BrahmanMenor will make every effort to execute the Agreement as carefully and safely as possible.
- BrahmanMenor's total liability for direct damage suffered by the Client as a result of an attributable failure to comply with this Agreement, or as a result of an unlawful act by BrahmanMenor, its Employees or third parties engaged by it, per event or a series of related events is limited to:
- an amount equal to the price agreed in the Agreement (including VAT), or at least up to that part of the amount to which the liability relates, reduced by the out-of-pocket costs in this regard up to a maximum amount of € 2000,00.
- Direct damage is understood to mean exclusively: the reasonable costs of determining the cause and extent of the damage, any reasonable costs incurred to ensure that BrahmanMenor's defective performance complies with the Agreement and reasonable costs incurred to prevent or limit damage, to the extent that the Client demonstrates that these costs have led to a limitation of direct damage.
- BrahmanMenor's liability towards the Client for indirect damage or consequential damage or damage due to lost turnover or profit, damage due to delay, damage due to loss of data, damage due to exceeding deadlines as a result of changed circumstances, damage as a result of the provision of inadequate cooperation, information or materials by the Client and damage due to information or advice provided by BrahmanMenor, the content of which does not expressly form part of the Agreement, is excluded.
- A condition for any right to compensation is that the Client reports the damage to BrahmanMenor in writing within a reasonable period, but in any case within two (2) months after it occurred.
- BrahmanMenor's liability with regard to attributable failure to comply with the Agreement shall only arise if the Client immediately and properly notifies BrahmanMenor in writing of the default, setting a reasonable term for remedying the default, and BrahmanMenor continues to fail to comply with its obligations after that term. The notice of default must contain as detailed a description of the default as possible, so that BrahmanMenor is able to respond adequately.
- The Client indemnifies BrahmanMenor against all claims from third parties (including customers of the Client) regarding compensation for damages, costs or interest in connection with this Agreement and/or the Service.
- BrahmanMenor cannot be held to fulfill any obligation under the Agreement if BrahmanMenor is prevented from fulfilling the obligation as a result of force majeure. BrahmanMenor is not liable for any damage resulting from force majeure.
- Force majeure includes, but is not limited to: disruptions of public infrastructure, defects in items, equipment or software or other source material the use of which has been prescribed by the Client, unavailability of Employees, government measures, epidemics, pandemics, general transport problems, strikes, wars, terrorist attacks and internal unrest.
- If a force majeure situation lasts longer than 90 days, the Parties have the right to terminate the Agreement in writing. In that case, what has already been performed under the Agreement will be settled proportionally, without the Parties remaining indebted to each other for the remainder.
- Changes to General Terms and Conditions
- BrahmanMenor reserves the right to change or supplement these General Terms and Conditions. Changes also apply to Agreements already concluded, taking into account a period of 30 days after announcement of the change.
- Changes will be announced via [fill in], by email to Client, or another channel where BrahmanMenor can prove that the announcement was sent to Client. Non-substantive changes of minor importance can be implemented at any time and do not require notification.
- If a Consumer does not wish to accept a change, the Consumer must inform BrahmanMenor of this within 30 days of the announcement. BrahmanMenor may then reconsider the change. If BrahmanMenor does not withdraw the change, the Consumer may terminate the Agreement up to the date on which the new conditions come into effect, by this date.
- Disclaimer
- The information on our website is provided on an 'as is' and 'as available' basis. You agree that your use of our website is at your sole risk. We disclaim all warranties of any kind, including but not limited to all express warranties, statutory warranties and all implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that our website will always be available, that access will be uninterrupted, error-free, meet your requirements, or that any defects in our website will be corrected.
- The technology required to participate in our video course requires a solid internet connection. As a result, the system requires the most recent version of your browser, plug-ins and extensions. For best results, we recommend the latest version of Google Chrome.
- Information on our website should not necessarily be relied upon and should not be taken as professional advice from us. We do not warrant the accuracy or completeness of the information provided and are not responsible for any loss arising from your reliance on such information.
- If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the Site is to discontinue using the Site.
Final Provisions
- Dutch law applies to the Agreement.
- Unless otherwise prescribed by mandatory law, all disputes arising from the Agreement will be submitted to the competent Dutch court in the district where BrahmanMenor is established.
- In these General Terms and Conditions, “written” also includes communication by e-mail, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.
- If any provision in the Agreement or General Terms and Conditions proves to be null and void, this shall not affect the validity of the entire Agreement or General Terms and Conditions. In that case, the Parties shall establish (a) new provision(s) as a replacement, which shall give effect to the intention of the original provision as much as is legally possible.
- BrahmanMenor is entitled to transfer its rights and obligations arising from the Agreement to a third party that takes over BrahmanMenor or the business activities of BrahmanMenor.
Name: BrahmanMenor
Address: Torenlaan 5A, 1402 AT BUSSUM, Netherlands
E-mail: info@brahmanmenor.com
Revision management
December 22, 2023 – Disclaimer added
February 27, 2024 – Address changed
January 9, 2025 – Article 6 added
