TERMS & CONDITIONS
General Terms and Conditions of Mystical Arts
Mystical Arts is registered with the Chamber of Commerce under number 88093247 and is located at Duurstedelaan 79, 3525AN Utrecht. Customer service is available at +31630219723 on business days between 10:00 and 16:00 (standard European Time Zone).
Article 1 – Terms
- In these general terms and conditions the following terms have the following meanings, unless explicitly stated otherwise.
- Company: The natural or legal person trading as a professional or business.
- Client: the Company entering into a (remote) Agreement with the Service Provider.
- Service Provider: the legal person that provides services (remotely) to the Client, hereinafter referred to as: Mystical Arts.
- Offer: Any written Offer to the Client for the provision of Services by the Service Provider.
- Services: the services Offered by Mystical Arts include coaching, online courses, workshops, training courses and more.
- Order: the execution of the Agreement by Mystical Arts with respect to the services or Product requested by the Client.
- Agreement: the Agreement for the provision of services commissioned by the Client.
- The website used by Mystical Arts is https:// www.annaheil.com.
Article 2 – Applicability
- These general terms and conditions apply to every Mystical Arts Offer, every Agreement between Mystical Arts and the Client and to every service offered by Mystical Arts.
- Prior to the conclusion of a (remote) Agreement, the Client will be provided with these general terms and conditions. If this is not reasonably possible, Mystical Arts will inform the Client on how the Client can view the general terms and conditions, which is published on the Mystical Arts website so that the Client can easily save these general terms and conditions on a durable data carrier.
- The possible applicability of general terms and conditions of the Client and third parties is expressly rejected.
- Deviation from these general terms and conditions is essentially not possible. In exceptional situations, it is possible to deviate from these general terms and conditions if this has been explicitly agreed upon in writing with Mystical Arts. The Client’s terms and conditions are not explicitly inapplicable.
- These general terms and conditions also apply to additional, amended and follow-up Orders from the Client.
- If one or more provisions of these general terms and conditions are partially or completely invalid or are annulled, the remaining provisions of these general terms and conditions will be maintained, and the invalid/annulled provision(s) will be replaced by a provision with the same purport as the original provision.
- Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions should be assessed and explained in accordance with these general terms and conditions.
- The applicability of Articles 7:404 and 7:407(2) of the Dutch Civil Code is explicitly excluded.
Article 3 – The Offer
- All Offers made by Mystical Arts are without obligation, unless explicitly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the Offer.
- The Offers of Mystical Arts are without obligation. Mystical Arts is only bound by an Offer if acceptance is confirmed in writing by the Client within 14 days. Nevertheless, Mystical Arts has the right to refuse an Agreement with a potential Client for a well-founded reason for Mystical Arts.
- The Offer contains a complete and accurate description of the services offered. The description is so detailed that Client is able to make a proper assessment of the Offer. Obvious mistakes or errors in the Offer cannot bind Mystical Arts. Any images and specific data in the Offer are only an indication and cannot be a ground for any compensation or the dissolution of the Agreement.
- Delivery times included in the Mystical Arts Offer are indicative and, if exceeded, will not give the Client any right to dissolution or compensation, unless explicitly agreed otherwise.
- A compound quotation does not oblige Mystical Arts to deliver part of the items included in the Offer or quotation for a corresponding part of the quoted price.
Article 4 – Realisation of the Agreement
- The Agreement comes into effect at the moment that the Client has accepted an Offer of Mystical Arts.
- If the Client has accepted the Offer by giving an Order to Mystical Arts, Mystical Arts will confirm the Client’s Order in writing by e-mail. Each Offer is valid for a maximum of 14 days, after which Mystical Arts can no longer be held to an Offer.
- Mystical Arts will not be bound by an Offer if the Client could reasonably have expected or should have understood that the Offer contains an obvious mistake or typographical error. The Client cannot derive any rights from this mistake or error.
- An Offer is only valid if made in writing by Mystical Arts to the Client.
- In principle, the right of withdrawal does not apply to the retreat.
- If the Client cancels an Order already confirmed with regard to a lecture, the costs actually incurred will be charged to the Client, as well as at least 50% of the agreed price as laid down in the Agreement.
Article 5 – Duration of the Agreement
- If and insofar as an Agreement has been concluded between the Client and Mystical Arts, the duration of this Agreement shall be in accordance with what the parties have agreed.
- Both the Client and Mystical Arts may dissolve the Agreement on the basis of an attributable failure to comply with the Agreement only if the other party has been given notice of default in writing, as well as a reasonable period of time to comply with its obligations, and it fails imputably in this respect. This also includes the payment and cooperation obligations of the Client.
- The dissolution of the Agreement shall not affect the payment obligations of the Client if Mystical Arts has performed work or provided services at the time of dissolution. The Client must pay the agreed fee.
- The Client is not authorized to terminate an Agreement prematurely. The Client, being a consumer, can cancel an Agreement free of charge up to 4 weeks before the start date of a course. After this, at least 50% of the agreed amount will be charged. If cancellation occurs 2 weeks before the start of the event, 75% of the agreed amount will be charged. Cancellation 1 week before the event will result in a full payment commitment.
- If the Client terminates the Agreement prematurely, he shall owe at least 50% of the agreed price. This amount may be increased by costs incurred by Mystical Arts for travel and accommodation costs, as well as costs for the location and other costs to be incurred by the Client.
- Both the Client and Mystical Arts can terminate the Agreement in whole or in part in writing without further notice of default with immediate effect in the event that one of the parties is in suspension of payment, has filed for bankruptcy or the Company in question is liquidated or otherwise than by merging or restructuring the Company. If a situation such as that mentioned above arises, Mystical Arts will never be obliged to refund any money already received and/or compensation for damages.
Article 6 – Additional Work and Amendments
- If, during the execution of the Agreement, it appears that the Agreement needs to be adjusted and/or supplemented, or if, at the request of the Client, further work is necessary to achieve the desired result of the Client, the Client is obliged to pay for this additional work in accordance with the agreed rate. Mystical Arts is not obliged to comply with this request, and may require the Client to enter into a separate Agreement for this purpose.
- If and insofar as a fixed price has been agreed upon for the provision of certain services, and the performance of those services leads to extra (urgent) work that cannot reasonably be deemed to be included in the fixed price, Mystical Arts shall be entitled, after consultation with the Client, to charge these costs to the Client.
Article 7 – Contraindications
Before doing or participating in any of our work, we ask you to carefully go through the following information.
We will use many different forms of breathwork and movement that have a profound effect on your mental and physical state. This part of the preparation document will give you an overview of the most important contra indications and general information that is important when you undergo breathwork sessions.
Below you will find a list of general contraindications for breathwork. Due to privacy rules, we cannot ask you to share your medical history/file with us. For your own safety, the safety of your fellow participants and for ours, it is of utmost importance that you are aware of your responsibility to take these contraindications seriously and consult with us about your participation if there is anything on this list that applies or might apply to you.
GENERAL CONTRAINDICATIONS FOR BREATHWORK
- Pregnancy(at any stage)
- Severe PTSD or trauma
- Actively using recreational drugs
- Taking any medication that alters brain chemistry like anti-anxiety, anti-depressant, ADD, OCD medications etc.
- Detached Retina
- Kidney disease
- High Blood Pressure
- Cardiovascular disease, including angina, previous heart attack or stroke
- Diagnosis of aneurysm of any kind
- Uncontrolled thyroid conditions
- Diabetes(any type)
- Severe Asthma – for mild to moderate asthma, we can discuss but you must bring your inhaler to the session
- History of seizures
- Prior diagnosis of bipolar disorder, schizophrenia or previous psychiatric condition
- Severe psychosomatic disorders
- Recent surgery, stitches or injury
- Hospitalization for any psychiatric condition or emotional crisis within the last 10 years
- If you have any health conditions or injuries that may interfere with your ability to join these parts of the program, please let us know! That way we can make sure that everyone can participate at their own level.
PSILOCYBIN MICRO- AND MACRODOSES
During our events, we work with micro- and macrodoses of psilocybin. We’ll provide the psilocybin truffle which is relatively mild, completely safe and 100% legal here in the Netherlands. During our retreats & workshops, we will give an extensive introduction after which it is up to you to decide if you would like to join.
Below you will find a list of general contraindications for psychedelic medicine work. Due to privacy rules, we cannot ask you to share your medical history/file with us. For your own safety, the safety of your fellow participants and for ourselves, it is of utmost importance that you are aware of your responsibility to take these contraindications seriously and consult with us about your participation if there is anything on this list that applies or might apply to you.
GENERAL CONTRAINDICATIONS FOR WORKING WITH PSILOCYBIN
- Pregnancy (at any stage)
- Severe PTSD or trauma
- Actively using recreational drugs
- Taking any medication that alters brain chemistry like anti-anxiety, anti-depressant, ADD, OCD medications etc.
- History of schizophrenia, bipolar disorder, borderline syndrome or other psychological disorders
- Psychosis susceptibility (or history with psychosis)
- Severe blood pressure/heart complaints
- Cerebral hemorrhages
- Addiction (such as alcohol), an addiction history
- Currently under treatment by a doctor or psychologist
- Use of medication (Never just stop taking your medication, but consult the doctor who prescribes the medication. In some cases you can taper off the medication. Two weeks of being clean is in most cases needed.)
- Inability to look at oneself or take responsibility
In case of any questions or unclarity, please make sure to contact us.
Bodywork is an (optional) element of certain sessions offered by Mystical Arts. Bodywork may include being touched, massaged or asked to assume certain positions. It may include things like massaging the diaphragm, poking your fingers in a muscle to cue correct movement or massaging tissues around the rib cage. It is very important that you feel safe and comfortable and to have an atmosphere where we communicate openly and directly about things we’re not comfortable with. Therefore, always be aware of your boundaries around touch and clearly voice anything that does not feel right to you. It is also important to point out any physical injuries before / during bodywork sessions.
CODE OF CONDUCT
Our team is there to support you in your best possible experience. For this, we have defined some guidelines of proper conduct that our team is asked to uphold. If you are interested in reading these guidelines, please contact us.
First and foremost we care 100% for your health and safety, no matter what.
Article 8 – Prices and Payment
- All prices are exclusive of VAT in the course of the Client’s profession or business. For Consumers, the price includes VAT. If Mystical Arts carries out all or part of the assignment at the Client’s location or, at the Client’s request, at an external location, additional costs (travel and accommodation expenses and parking fees) may be charged. This will be discussed with the Client in advance.
- In the event of urgency, or if Mystical Arts has to perform its work urgently based on instructions from the Client, the Client is obliged to reimburse the additional costs of the urgency.
- If Parties have agreed on a down payment, this down payment must be paid by the Client before Mystical Arts commences its activities.
- The Client cannot derive any rights or expectations from a budget issued in advance, unless the parties have explicitly agreed otherwise.
- In the event of a periodic payment obligation on the part of the Client, Mystical Arts is authorised to adjust the applicable prices and rates (only) in writing in accordance with the terms and conditions of the Agreement, with due observance of a period of at least three months.
- The Client is obliged to pay for the services of Mystical Arts as stated in the Agreement, and must pay the agreed amount within 14 days from the invoice date.
- The Client must pay these costs at once, per invoice, to the account number and details of Mystical Arts made known to him. Except in very special circumstances, the Client may only agree on a further term in which the amount due is to be paid with the explicit and written consent of Mystical Arts.
- If explicitly agreed, the Customer must pay the amount owed per prepayment before Mystical Arts commences its services.
Article 8 – Collection Policy
- If the Client does not fulfill the payment obligation, and has not fulfilled this obligation within the payment term of 14 days, the Client (if he has done the job in as a professional or a business without further notice of default) will be in default and the Client will receive a written reminder with a request to pay the amount due within the term set therein.
- From the date that the Client is in default, Mystical Arts will, without further notice of default being required, claim the statutory (commercial) interest (being at least 5% per annum) from the first day of default until full payment, and compensation of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, to be calculated in accordance with the graduated scale from the decree on compensation for extrajudicial collection costs of 1 July 2012.
- If Mystical Arts has incurred more or higher costs which are reasonably necessary, these costs are eligible for reimbursement. Judicial and execution costs incurred are also at the expense of the Client.
Article 9 – Implementation of the Agreement
- Mystical Arts will make every effort to implement the Agreement with the utmost care as may be required of a good contractor. All services are performed on the basis of an obligation to perform to the best of one’s abilities, unless a result has been explicitly agreed upon in writing, which has been described in detail.
- In executing the services, Mystical Arts is not obliged or required to follow the instructions of the Client if this alters the content or scope of the agreed services. If the instructions result in additional work for Mystical Arts, the Client will be obliged to reimburse the additional costs accordingly.
- The Client ensures that all information which Mystical Arts indicates is necessary or which the Client should reasonably understand is necessary for the implementation of the Agreement, is provided to Mystical Arts in a timely manner. If the information required for the implementation of the Agreement is not provided to Mystical Arts in a timely manner, Mystical Arts is entitled to suspend the implementation of the Agreement and/or to charge the additional costs arising from the delay to the Client in accordance with its usual rates.
- Mystical Arts is entitled to engage third parties for the implementation of the services at its own discretion.
- Mystical Arts is not liable for damage, of whatever nature, caused by Mystical Arts based on incorrect and/or incomplete information provided by the Client.
- If work is performed by Mystical Arts or third parties engaged by Mystical Arts in the context of the instruction at the location of the Client or a location designated by the Client, the Client shall provide the facilities reasonably required free of charge.
Article 10 – Client’s Obligations
- In the event of replacement of a participant, due to unforeseen circumstances on the part of the participant and/or the Client, the latter must inform Mystical Arts of this as soon as possible.
- The Client must comply with the minimum and maximum number of participants for the service in question. If there are too few participants, the service in question can be cancelled by Mystical Arts. If possible, the service can be moved to another date and/or location. If this is not possible, the Client will receive paid funds back.
- If explicitly agreed, the Client must, at the first request of Mystical Arts, arrange for the provision of the requested facilities (such as a representative room, Beamer, flipchart, etc.).
Article 11 – Conditions for Retreat
- The services provided by the retreat are covered by the travel contract in Book 7, Title 7A of the Dutch Civil Code.
- The Client can apply for the Retreat as long as the Offer is valid. There may be additional conditions to be met by the Client.
- The travel contract can be changed in consultation with Mystical Arts. Mystical Arts will inform the Client as soon as possible if any costs are involved. Changes can only be made up to one month prior to the commencement date, unless otherwise indicated by Mystical Arts.
- The travel contract can only be cancelled free of charge up to one month before the commencement date. After this, the contract can be cancelled up to two weeks before the commencement date with a maximum refund of 70% of the agreed amount. If the Client has not yet paid the full amount, Mystical Arts must be consulted about any refund.
- During the retreat, some activities can be organised. If the Client suffers from health complaints, use of medication or other circumstances that may influence participation in the activities, the Client must report this to Mystical Arts in a timely manner. The Client is responsible for participation in these activities. All damage suffered by the Client during the retreat as a result of not reporting relevant information, is explicitly at the risk and expense of the Client.
Article 12 – Privacy, Data Processing and Security
- Mystical Arts treats the (personal) data of the Client and users of the website with care and will only use them in accordance with the privacy statement. If requested, Mystical Arts will inform the person concerned. Questions about the processing of personal data and further information can be sent by e-mail to email@example.com.
- The Client is responsible for the processing of data that is processed using a Mystical Arts service. The Client also guarantees that the content of the data is not unlawful and does not infringe any rights of third parties. Within this framework, the Client indemnifies Mystical Arts against any (legal) claim related to these data or the implementation of the Agreement.
- If Mystical Arts is required by the Agreement to provide security for information, this security will comply with the agreed specifications and a level of security that is not unreasonable in view of the state of the art, the sensitivity of the information and the associated costs.
- All information obtained within the framework of the Agreement will be treated confidentially and with the utmost care.
Article 13 – Suspension
- Mystical Arts is entitled to retain the data, data files, software and other items received or realised by the Client if the latter has not yet (fully) fulfilled its payment obligations, regardless of whether it would have been obliged to do so had it been paid.
- Mystical Arts is authorised to suspend the fulfilment of its obligations as soon as the Client is in default with the fulfilment of any obligation arising from the Agreement, including late payment of its invoices. The suspension will be confirmed to the Client in writing immediately. In that case, Mystical Arts will not be liable for damage, in whatever form, resulting from the suspension of its activities.
Article 14 – Force Majeure
- Mystical Arts is not liable if, as a result of a force majeure situation, they are unable to fulfil their obligations under the Agreement.
- Force majeure on the part of Mystical Arts is in any case understood to mean, but is not limited to: (i) force majeure on the part of suppliers of Mystical Arts, (ii) failure to properly fulfil obligations of suppliers prescribed or recommended by the Client to Mystical Arts, (iii) defects in goods, equipment, software or materials of third parties, (iv) government measures, (v) electricity failure, (vi) failure of the internet, data network and telecommunication facilities (for example as a result of: cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems and (x) other situations which, in the opinion of Mystical Arts, fall outside its sphere of influence which temporarily or permanently prevent it from fulfilling its obligations.
- If a situation of force majeure lasts longer than 2 months, the Agreement may be dissolved in writing by either party. In the event that any performance has already been made on the basis of the Agreement, payment will be made on a pro rata basis, without any liability on the part of either party towards each other.
Article 15 – Limitation of Liability
- If the provision of services and/or performance of Orders by Mystical Arts leads to liability on the part of Mystical Arts, such liability is limited to the costs charged in connection with the Order, in the event of an attributable shortcoming in the compliance with the Agreement or in the event that damage has otherwise arisen.
- Mystical Arts is not liable for consequential damage, indirect damage, trading loss, loss of profit and/or losses, missed savings, damage due to business stagnation and damage resulting from the use of services provided by Mystical Arts.
- The amount of compensation is further limited to the amount paid out by Mystical Arts’s liability insurance for each event per year.
- Mystical Arts is not liable for damage that is or may be the result of any act or omission as a result of (incomplete and/or incorrect) information on the website or that of linked websites.
- Mystical Arts is not liable for errors and/or irregularities in the functionality of the website and/or the software, malfunctions or the unavailability of the website and/or software for whatever reason.
- Mystical Arts does not guarantee the correct and complete transmission of the content of and e-mail sent by/on behalf of Mystical Arts, nor its timely receipt.
- The Client guarantees the accuracy and completeness of the information and wishes provided with regard to the job. Mystical Arts expressly excludes all liability for (consequential) damage.
- All claims of the Client due to shortcomings on the part of Mystical Arts will lapse if these have not been reported to Mystical Arts in writing, stating reasons, within one year after the Client was aware or could reasonably have been aware of the facts on which it bases its claims.
Article 16 – Confidentiality
- Mystical Arts and the Client undertake to maintain the confidentiality of all confidential information obtained in the context of the Order. Confidentiality ensues from the Order or that which can reasonably be expected to involve confidential information.
- In particular, the confidentiality relates to advice and/or reports drawn up by Mystical Arts regarding the Client’s instructions. The Client is expressly prohibited from sharing the content thereof with employees who are not authorised to have knowledge of it and with (unauthorised) third parties. The Client must delete the advice and/or report at the request of Mystical Arts. In the event of a breach of this stipulation, Mystical Arts is entitled to recover the material and immaterial damage suffered from the Client.
- If Mystical Arts is required on the basis of a statutory provision or a judicial decision to (also) provide the confidential information to a third party indicated by law or a competent court, and Mystical Arts cannot invoke a right to refuse to give evidence, Mystical Arts will not be obliged to pay any compensation and the Client will not be entitled to dissolve the Agreement.
- Mystical Arts and the Client will also impose the confidentiality obligation on third parties to be engaged by them.
Article 17 – Intellectual Property Rights
- All IP rights and copyrights of Mystical Arts belong exclusively to Mystical Arts and are not transferred to Client.
- The Client is prohibited from disclosing and/or reproducing, altering or making available to third parties all documents and software covered by the IP rights and copyrights of Mystical Arts without the express prior written consent of Mystical Arts and an agreed financial compensation. If the Client wishes to make changes to items delivered by Mystical Arts, Mystical Arts must explicitly agree to the intended changes.
- The Client is prohibited from using the Products on which Mystical Arts’s intellectual property rights are based otherwise than agreed upon in the Agreement.
- Any infringement by the Client of Mystical Arts’s intellectual property rights shall be punishable by a one-off fine of € 15,000 (in words: fifteen thousand euros) and a fine of € 500 (in words: five hundred euros) for each day that the infringement continues.
- Mystical Arts can, for promotional and advertising purposes, take pictures of the services it provides and publish them on its website and/or social media channels.
Article 18 – Protection and Accuracy of Information
- The Client is responsible for the correctness, reliability and completeness of all data, information, documents and/or records it provides to Mystical Arts in the context of the Order. Even if these data originate from third parties, the Client is responsible for this.
- The Client indemnifies Mystical Arts against any liability as a result of not or not timely fulfilling the obligations under the previous paragraph.
- The Client indemnifies Mystical Arts against claims by third parties regarding intellectual property rights on the data and information provided by the Client, which can be used in the execution of the Order or Agreement, as well as regarding the content of the advice and reports drawn up by Mystical Arts.
- If the Client provides electronic files, software or information carriers to Mystical Arts, the Client guarantees that these are free of viruses and defects.
Article 19 – Complaints
- If the Client is not satisfied with the service or Products of Mystical Arts or otherwise has complaints about the execution of the Order, the Client is obliged to report these complaints as soon as possible, but at the latest within 2 weeks after the relevant reason that led to the complaint. Complaints can be reported via firstname.lastname@example.org with the subject “Complaint”.
- The complaint must be sufficiently substantiated and/or explained by the Client in Order for Mystical Arts to be able to deal with the complaint.
- Mystical Arts will respond to the content of the complaint as soon as possible, but at the latest within 14 days after receipt of the complaint.
- The parties will try to reach a solution together.
Article 20 – Applicable Law
- The legal relationship between Mystical Arts and the Client is governed by Dutch law. The applicability of the Vienna Sales Convention (CISG) is expressly excluded.
- Mystical Arts may unilaterally amend these general terms and conditions. The most current version can be found on the website.
- All disputes arising from or as a result of the Agreement between Mystical Arts and the Client will be resolved by the competent court of Utrecht, unless provisions of mandatory law designate another competent court.