General Terms & Conditions for Rosanna's Garden.
These are the most recent General Terms & Conditions for Rosanna's Garden.
These general terms and conditions apply to the use of the website "Rosanna's Garden" (hereinafter referred to as "the website") and the services offered by Rosanna's Garden.
• Rosanna's Garden:
Refers to Rosanna's Garden, located at Aurialaan 66a, 3527EW Utrecht, registered with the Chamber of Commerce under number 85674362, and with VAT identification number NL004129044B56. Rosanna's Garden is the provider of various services, including Intuitive Energy Readings, Healings, Silent Retreats, Wild Foraging Walks, Courses, and Programs, as described on the Rosanna's Garden website.
Refers to any natural person or legal entity using the services of Rosanna's Garden.
Refers to the agreement between Rosanna's Garden and the customer regarding the provision of services.
3. Use of the Website
a. The website is freely accessible to the public and provides access to inspiring blog posts and information about the services offered by Rosanna's Garden.
b. By using the website, you agree to these general terms and conditions.
4. Registration and Newsletter
a. You can voluntarily register on the website to book services. The provided personal information will be used for managing appointments and newsletters.
b. The provided information will be included in the subscriber list for the newsletter. Subscribers can unsubscribe at any time through an "unsubscribe" link in the newsletter.
5. Cookies and Tracking
a. The website uses essential cookies and statistical cookies to optimize the website. Upon entering the website, a cookie banner will appear to request your consent for the use of non-essential cookies. You can manage your preferences through the cookie banner.
7. Intellectual Property
a. All content on the website, including text, images, and other media, is protected by copyright and other applicable laws. It is not allowed to copy, distribute, or use this content without written permission.
8. Liability and Warranty
a. The website is intended for informational purposes and does not provide guarantees regarding the accuracy or effectiveness of the content. Rosanna's Garden is not liable for any damages resulting from the use of the website.
9. Agreement and Services of Rosanna's Garden
a. Rosanna's Garden offers services such as Intuitive Energy Readings, Healings, Silent Retreats, Wild Foraging Walks, Courses, and Programs (hereinafter referred to as "the services").
b. By using the services of Rosanna's Garden, you agree to the terms set forth in this agreement.
c. Rosanna's Garden provides various services, including Intuitive Energy Readings, Healings, Silent Retreats, and Wild Foraging Walks. Details and prices of these services can be found on the website.
d. Booking services with Rosanna's Garden implies agreement with the provided prices and availability. Payment for the services must be made according to the payment methods listed on the website.
e. Rosanna's Garden will make efforts to deliver the booked services as described on the website. However, the results of Intuitive Energy Readings, Healings, Silent Retreats, Wild Foraging Walks, Courses, and Programs may vary and depend on individual factors. Rosanna's Garden cannot provide guarantees regarding the results of these services.
f. For the cancellation of booked services, please contact Rosanna's Garden via email as soon as possible. The cancellation terms are as described on the website and under Article 14.
g. Rosanna's Garden reserves the right to make changes to the availability and prices of the services. Such changes will be published on the website.
10. Disputes and Applicable Law
a. In the event of disputes related to the services of Rosanna's Garden, we will attempt to resolve them in good faith. If a resolution is not possible, disputes will be submitted to the competent court in Utrecht, Netherlands.
b. This agreement and all disputes arising from or related to this agreement are governed by Dutch law.
11. Interruption of Services and Force Majeure
a. Rosanna's Garden is not bound by its obligations under the agreement if performance has become impossible due to force majeure. If the force majeure persists for a period of 90 days, both Rosanna's Garden and the customer are entitled to terminate the agreement. What has already been performed under the agreement will be settled proportionally.
b. Rosanna's Garden relies on the cooperation, services, and deliveries of third parties over which Rosanna's Garden has little or no control. Therefore, Rosanna's Garden cannot be held liable in any way for any damages arising from a situation in which the shortcoming is due to a third party with whom Rosanna's Garden has entered into an agreement.
c. In addition to what is provided in section 11.2, force majeure includes all that is accepted in law and jurisprudence.
d. Force majeure, in these general terms and conditions, is understood to mean any circumstance, independent of the will of Rosanna's Garden - even if it was foreseeable at the time of the agreement's formation - that permanently or temporarily prevents the performance of the agreement, including but not limited to: strikes, excessive employee absenteeism at Rosanna's Garden, transport difficulties, fire, government measures, epidemics, pandemics, business disruptions at Rosanna's Garden, breach of contract by Rosanna's Garden's suppliers that prevent Rosanna's Garden from fulfilling its obligations to the customer, as well as other serious disruptions in the business of Rosanna's Garden or its suppliers.
e. In case of force majeure, Rosanna's Garden also has the option to extend the delivery period by the duration of the force majeure or to terminate the agreement, to the extent not yet performed, without Rosanna's Garden being obligated in any form to provide any compensation, except as provided in Article 78 of Book 6 of the Dutch Civil Code.
12. Duration of the Agreement and Termination
a. The agreement is entered into for a definite period, unless the booking data or the quotation indicates otherwise, or if the parties have explicitly made other written arrangements.
b. The right to terminate the agreement by the customer before its term is excluded, without prejudice to the other provisions in these general terms and conditions.
c. Both parties, the customer and Rosanna's Garden, have the authority to terminate the agreement only if the other party, following a proper and detailed written notice of default with a reasonable period for remedying the shortcoming, culpably fails to fulfill the essential obligations under the agreement.
d. In exception to Article 8.3, Rosanna's Garden can terminate the agreement without notice and without judicial intervention by written notice with immediate effect, in the event of compelling reasons, including but not limited to cases in which:
Temporary suspension of payment (provisional or definitive) is granted to the customer;
Bankruptcy is applied for or declared with respect to the customer;
It is suspected that the customer cannot meet their payment obligation upon extension of the agreement;
The customer acts in violation of public order or good morals, or any obligation arising from the agreement with Rosanna's Garden;
The customer infringes on the rights of third parties;
The customer acts contrary to reasonable guidelines or instructions from Rosanna's Garden;
The customer does not respond to correspondence via email, phone, and/or written communication, whether or not registered;
In cases of recurring payment problems.
e. Rosanna's Garden shall not be obligated to provide any compensation for a termination as defined in this article.
f. If the customer, at the time of termination as referred to in Article 12.3 and 12.4, has already received performances for the execution of the agreement, these performances and the related payment obligation shall not be subject to cancellation. Amounts invoiced by Rosanna's Garden before the termination for work performed or delivered in the context of the agreement shall remain due in accordance with the above, and shall be immediately due and payable upon termination.
g. Rosanna's Garden reserves the right to amend its general terms and conditions, even for existing agreements. If Rosanna's Garden amends the terms and conditions, the customer will be notified. The customer is then free to terminate the agreement from the moment the new general terms and conditions become effective, or up to a maximum of 7 days after the new general terms and conditions come into effect.
a. Rosanna's Garden will strive to achieve the intended result as agreed upon in the quotation to the best of its ability during the execution of the agreement. If, in the customer's opinion, the delivered results do not correspond to the intended result as agreed upon in the quotation, the customer and Rosanna's Garden will consult to ensure that the delivered results meet the intended results.
b. In addition to what is stipulated in Article 13.1, the costs for additional work as referred to in that article will be billed to the customer at Rosanna's Garden's normal rate, unless the customer can reasonably demonstrate, to Rosanna's Garden's satisfaction, that the deviations in the results are due to the deficient execution of the agreement by Rosanna's Garden.
c. If it is determined that the deficiency in the services and/or products to be delivered by Rosanna's Garden is attributable to Rosanna's Garden, the customer shall have no right to compensation or dissolution of the agreement, except as provided in these conditions.
14. Special Provisions for Programs, Courses, Silent Retreats, Wild Foraging Walks, Readings, and Healings
a. The customer is explicitly prohibited, regardless of participation or not, from offering or having someone else offer a similar program, course, Silent Retreat, Wild Foraging Walk, Reading, or Healing, whether or not with reference to or in accordance with the method of Rosanna's Garden.
b. The customer has no right or obligation to derive from the program, course, Silent Retreat, Wild Foraging Walk, Reading, or Healing, and any action taken by the customer is at their own risk. Rosanna's Garden accepts no liability for how the customer implements the methods and techniques taught by Rosanna's Garden in practice.
c. Rosanna's Garden has the right to suspend participation if the customer is in default of the payment obligation to Rosanna's Garden until the customer has fulfilled their payment obligation.
d. No refunds will be provided for partial participation or early termination by the customer.
e. After the end of the online program, the customer retains the right to log in to the online learning environment. Rosanna's Garden aims to keep all materials online. If Rosanna's Garden decides to remove or relocate material to another website, Rosanna's Garden will notify the customer at least one month in advance of the relocation or removal via the most recent email address known to Rosanna's Garden.
f. The login details provided by Rosanna's Garden regarding online programs, modules, or guidance must never be shared with third parties.
g. If the customer cancels the agreed session, such as a Reading or Healing, or participation in a Workshop, Retreat, Course, or Program, and does not arrange for an alternative date within 2 working days, the customer is obligated to pay a fee for the reserved time:
Cancellation up to 48 hours before the session; the customer is obligated to pay a fee of 30% of the amount agreed upon in the booking form or the quotation;
Cancellation between 48 hours and 24 hours before the session; the customer is obligated to pay a fee of 50% of the amount agreed upon in the booking form or the quotation;
Cancellation within 24 hours before the session; the customer is obligated to pay a fee of 75% of the amount agreed upon in the booking form or the quotation;
If the customer is not present at the agreed time for the session, 100% of the agreed-upon amount will be charged, or the session will be considered as completed in the case of a program.
h. Refunds for tickets purchased by the customer for any of Rosanna's Garden's workshops, courses, or sessions are only possible if the customer is a private individual and the cancellation takes place within the period mentioned in the booking form or quotation. A customer who has purchased a ticket in the course of their profession or business is not entitled to a ticket refund. The customer may at all times transfer the participation ticket to another person, as long as that person meets the same participation requirements.
15. Other Provisions and Applicable Law
a. If any provision of these general terms and conditions is void or voided, the remaining provisions of these general terms and conditions shall remain in full force and Rosanna's Garden and the customer shall consult to agree on new provisions to replace the void or voided provisions, while preserving the intent and purpose of the void or voided provision as much as possible.
b. If the customer includes provisions or conditions in their order that deviate from or do not appear in these terms and conditions, they will only be binding on Rosanna's Garden if and to the extent that Rosanna's Garden has explicitly accepted them in writing.
c. If Rosanna's Garden deviates from the General Terms and Conditions in favor of the customer on its own initiative, the customer shall not derive any rights from such deviations.
d. The customer's purchase or other terms and conditions are not applicable.
e. Rights and obligations arising from an agreement can only be transferred by the customer to a third party if Rosanna's Garden has given written permission for this.
f. Dutch law applies exclusively to all legal relationships in which Rosanna's Garden is a party.
g. The customer and Rosanna's Garden shall first attempt to settle any disputes amicably and by mutual agreement, before resorting to the courts.
h. If mandatory rules do not provide otherwise, the competent court in the Utrecht District has exclusive jurisdiction to hear disputes between Rosanna's Garden and the customer.
1.0 - November 1, 2023