Identity of the Entrpreneur
- :Marjan (Ma)
Living Human Being from the families Althuizen en Scheepers
- Marjan Althuizen (MA)
The living human being :Marjan is NOT the natural person Marjan Althuizen, the natural person MA is a fictitious entity which is fully owned by the human :Marjan through all time and space.
Ma is the complete representative for, owner of and responsible for (all the work of) the fictitious natural person/ entrepreneur ‘Marjan Althuizen’, also subscribed at KVK (Chamber of Commerce) 66667089
- Awakening Yoni (AY)
:Marjan is the complete representative/ owner of and responsible for (all the work of) the daughter organization of Marjan Althuizen: ‘Awakening Yoni’.
:Marjan works as a human being and not as a natural person. :Marjan has activated the natural person, entrepreneur MA and daughter organization AY to function as her temporary intermediary, as a fictive entity, thus to temporarily hold money or services for her and to make them available to its full owner and authority:Marjan when possible. The natural person/ entrepreneur MA and organization AY are not working, not creating products, not making money, and are not in contact nor in contract with you.This is at all times: the living human being :Marjan. Only in exceptional situations: the fictitious natural person MA can be under the power of and with the permission of the living human being Ma in contract with another fictitious natural person under the power of a living human being.
- Terms and Conditions
Welcome to www.awakeningyoni.com. The www.awakeningyoni.com website (the “Site”) is composed of various web pages operated by :Marjan (Ma) and under that falls Marjan Althuizen (MA) and Awakening Yoni (AY).
The Agreement between User and www.awakeningyoni.com/ MA/ AY, is thus always between User and Ma, unless defined otherwise. www.awakeningyoni.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
- www.awakeningyoni.com is an E-Commerce Site
- User: the human being or natural person who buys products or services on the Site (this natural person or human being can buy something for a legal person, a company or legal entity)
- Awakening Yoni, www.awakeningyoni.com (AY), Marjan Althuizen (MA and AY are owned by Ma)
- Customer: the party which Ma (or underneath that MA or AY) has entered into an agreement with. The customer is always a human being or natural person (who may represent a legal person, company or legal entity). The customer can choose which identity he or she takes on: human being or natural person for the agreement.
- Parties: Ma (and underneath that /MA/AY) and customer together
- Consumer: a customer who is an individual acting for private, professional or business purposes
- The purpose of Awakening Yoni is to help humanity to lovingly awaken the divine yoni energy in humans, self, society, the world and in organizations. This is done by giving and selling (professional) meditations, training, retreats, art, music, body-oil, and other supporting items, all related to love and the awakening yoni theme.
- These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Ma (and MA/AY).
- Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
- The parties expressly exclude the applicability of supplementary and/ or deviating general terms and conditions of the customer or of third parties.
- Offers and quotations
- Offers and quotations from Ma (and MA/AY) are without engagement, unless expressly stated otherwise.
- An offer or quotation is valid for a maximum period of 2 weeks from its date, unless another acceptance period is stated in the offer or quotation.
- If the customer does not accept an offer or quotation within the applicable time frame, the offer or quotation will lapse.
- Offers and quotations do not apply to repeated orders, unless the parties have agreed upon this explicitly and in writing.
- Upon acceptance of a quotation or offer without engagement, Ma (or MA/AY) reserves the right to withdraw the quotation or offer within 3 days after receipt of the acceptance, without any obligations towards the customer.
- Verbal acceptance of the customer only commits Ma (or MA/AY) after the customer has confirmed this in writing (or electronically)
- All prices used by Ma (or MA/AY) are in Euros, are without VAT, are only with VAT when agreed upon or specifically noted, and are exclusive of any other costs such as administration costs, levies and travel-, shipping, or transport expense, unless expressly stated otherwise or agreed otherwise.
- Ma (or MA/AY) is entitled to adjust all prices for its products or services, shown in its (online) shop, during presentations, on its website or otherwise, at any time.
- The parties agree on a total prices for a service provided by Ma (or MA/AY). This is always a target price, unless parties have explicitly agree upon in writing on a fixed price, which cannot be deviated from.
- Ma (or MA/AY) is entitled to deviate up to 10% of the target price.
- If the target price exceeds 10%, Ma (or MA/AY) must let the customer know in due time why a higher price is justified.
- If the target price exceeds 10%, the customer has the right to cancel the part of the order that exceeds the target price by 10%.
- Ma (or MA/AY) has the right to adjust prices annually.
- Ma (or MA/ AY) will communicate price adjustments to the customer prior to the moment the price increase becomes effective.
- The customer has the right to terminate the contract with Ma (or MA/AY) if she or he does not agree with the price increase.
- Payments and payment term
- Products are immediately paid for in the (online) store, during a meeting, on the website, during a training or live sessions or at other similar places. .
- Ma (or MA/AY) may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.
- The customer must have paid the full amount before the delivery of the product or service.
- Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment terms, (s)he is legally in default, without Ma (or MA/AY) having to send the customer a reminder or to put him in default.
- Ma (or MA/AY) reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.
- The customer must pay invoices of Ma (or MA/ AY) within 7 days, unless parties have made other agreements about this or if the invoice has a different payment term.
- Consequences of late payment
- If the customer does not pay within the agreed term, Ma (or MA/ AY) is entitled to charge an interest of 2% per month for non-commercial transactions and an interest of 8% per month for commercial transactions from the day the customer is in default, whereby a part of a month is counted for a whole month.
- When the customer is in default, (s)he is also due to extra judicial collection costs and may be obliged to pay any compensation to Ma (or MA/ AY).
- The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
- If the customer does not pay on time, Ma (or MA/ AY) may suspend its obligations until the customer has met his payment obligation.
- In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Ma (or MA/ AY) on the customer are immediately due and payable.
- If the customer refuses to cooperate with the performance of the agreement by Ma (or MA/ AY), (s)he is still obliged to pay the agreed price to Ma (or MA/ AY).
- 10.Right of recovery of goods, products and services
Right of recovery of goods, products and services
- As soon as the customer is in default, Ma (or MA/ AY) is entitled to invoke the right of recovery with regard to the unpaid products/ goods/ services delivered to the customer.
- Ma (or MA/ AY) invokes the right of recovery by means of a written or electronic announcement.
- As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products/ goods/ end services concerned to Ma (or MA/AY), unless the parties agree to make other arrangements about this.
- The costs for the collection or return of the products/ services/ goods are at the expense of the customer.
Right of withdrawal
- A consumer may cancel an online purchase during a cooling-off period of 7 days without giving any reason, provide that:
- the physical product has not been used
- it is not a physical product that can spoil quickly, like food, oil, or flowers
- the physical product is not specially tailored for the consumer or adapted to its special needs
- it is not a physical product that may not be returned for hygienic reasons (yoni eggs, glass wands, swimwear, underwear etc.)
- the seal is still intact, when the physical product is a data carrier with digital content (DVDs, CDs, USB etc)
- the service does not concern accommodation, travel, restaurant business, transport, catering assignments or form of leisure activity
- the product is not a separate magazine or a loose newspaper
- the purchase does not concern an (assignment to) urgent repair
- it does not concern a service that is fully performed with the consent of the customer within the 7 calendar days right of withdrawal period and the consumer had not renounced her or his right of withdrawal
- ZELF NAKIJKEN EN AANVULLEN MET MIJN TYPISCHE PRODUCTEN, ART, TRAINING, RETREAT and PHYSICAL PRODUCTS etc.
- The cooling-off period of 7 days as referred to in paragraph 1 commences:
- on the day after the consumer has received the last product of part of 1 order
- as soon as the consumer has received the first the product of a subscription
- as soon as the consumer has purchased a service for the first time
- as soon as the consumer has confirmed the purchase of digital content, a training or a membership via the internet
- The consumer can notify his right of withdrawal via email@example.com, if desired by using the withdrawal form that can be downloaded via the website of Ma (or MA/AY), www.awakeningyoni.com.
- The consumer is obliged to return the product to Ma (or MA/AY) within 7 days after the notification of his right of withdrawal, after which period his right of withdrawal will lapse.
Reimbursement of delivery costs
- If purchase costs are eligible for reimbursement according to the law, Ma (or MA/AY) will refund these costs to the consumer within 7 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Ma (or MA/AY) in time.
- The costs for return are only reimbursed by Ma (or MA?AY) if the complete order is returned.
Reimbursement of return costs
If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the complete order will be done by the consumer.
Suspension of obligation by the customer
The customer waves the right to suspend the fulfillment of any obligation arising from this agreement
Right of retention
- Ma (or MA/AY) can appeal to his right of retention of title and in that case retain the products sold by Ma (or MA/AY) to the customer until the customer has paid all outstanding invoices with regard to Ma (or MA/AY), unless the customer has provided sufficient security for these payments.
- The right of retention of title also applies on the basis of previous agreements from which the customer still owes payment to Ma (or MA/AY).
- Ma (or MA/AY) is never liable for any damage that the customer may suffer as a result of using his right of retention of title.
The customer waives his right to settle any debt to Ma (or MA/AY) with any claim on Ma (or MA/AY).
Retention of title
- Ma (or MA/AY) remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Ma (or MA/AY) under whatever agreement with Ma (or MA/AY) including of claims regarding the shortcomings in the performance.
- Until then, Ma (or MA/AY) can invoke its retention of title and take back to products and/ or goods.
- Before the property is transferred to the customer, the customer may not pledge, sell, dispose or or otherwise encumber the products.
- If Ma (or MA/AY) invokes its retention of title, the agreement will be dissolved and Ma (or MA/AY) has the right to claim compensation, lost profits and interest.
- Delivery takes place while stocks last.
- Delivery takes place as Ma (or MA/AY) unless the parties have agreed upon otherwise.
- Delivery of products ordered online takes place at the address indicated by the customer.
- If the agreed price is not paid on time, Ma (or MA/AY) has the right to suspend its obligations until the agreed price is fully paid.
- In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by Ma (or MA/AY).
- Any delivery period specified by Ma (or MA/AY) is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
- The delivery period starts after the customer has signed or accepted the agreement to Ma (or MA/AY) and is confirmed in writing or electronically by Ma (or MA/AY) to the customer.
- Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Ma (or MA/AY) cannot deliver within 14 days after the customer has urged him/her to do so in writing or if the parties have agreed upon otherwise.
The customer must ensure that the actual delivery of the product ordered by him/ her can take place in time.
Transport costs are paid by the customer, unless the parties have agreed upon otherwise.
Packaging and shipping
- If the package of a delivered product is opened or damaged, the customer must have a not drawn up by the forwarder or delivery person before receiving the product. In the absence of which Ma (or MA/AY) may not be held liable for any damage.
- If the customer him or herself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to Ma (or MA/AY), failing which Ma (or MA/AY) cannot be held liable for any damage.
- The customer undertakes to insure and keep insured the following items adequately against fire, explosion and water damage as well as theft:
- Goods delivered that are necessary for the execution of the underlying agreement
- Goods being property of Ma (or MA/AY) that are present at the premises of the customer
- Goods that have been delivered under retention of title
- At the first request of Ma (or MA/AY), the customer provides the policy for these insurances for inspection.
- If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.
- Any extra costs as a result of premature or late purchase or products are entirely at the customer’s expense.
- When parties have entered into an agreement with services included, these services only contain best-effort obligations for Ma (or MA/AY), not obligations or results.
- The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
- The warranty does not apply in the even of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.
- The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legality and/ or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.
Performance of the Agreement
- Ma (or MA/AY) executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
- Ma (or MA/AY) has the right to have the agreed services (partially) performed by third parties.
- The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer.
- It is the responsibility of the customer that Ma (or MA/AY) can start the implementation of the agreement in time, the resulting additional costs and/ or extra hours will be charged to the customer.
Duty to inform by the customer
The customer shall make available to Ma (or MA/AY) all information, data and documents relevant to the correct execution of the agreement to in time and in the desired format and manner.
Visiting www.awakeningyoni.com or sending emails to Ma/MA/AY constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any (legal) requirement that such communications be in writing.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Ma/MA/AY is/are not responsible for third party access to your account that results from theft or misappropriation of your account. Ma/MA/AY and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Ma/MA/AY does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.awakeningyoni.com only with permission of a parent or guardian.
Links to Third Party Sites/ Third party Services
www.awakeningyoni.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Ma/MA/AY and Ma/MA/AY is not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Ma/MA/AY is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Ma/MA/AY of the site or any association with its operators.
Certain services made available via www.awakeningyoni.com are delivered by third party sites and organizations. By using any products, service or functionality originating from the www.awakeningyoni.com domain, you hereby acknowledge and consent that Ma/MA/AY may share such information and data with any third party with whom Ma/MA/AY has a contractual relationship to provide the requested product, service or functionality on behalf of www.awakeningyoni.com users and customers.
No Unlawful or Prohibited Use/ Intellectual Property
All content included as part of the Service, such as text, graphics, logos, image, as well as the compilation thereof, and any software used on the Site, is the property of Ma/MA/AY or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. My content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Ma/MA/AY and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Ma/MA/AY or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Ma/MA/AY account to third party accounts. By connecting your Ma/MA/AY account to your third party account, you acknowledge and agree that you are consenting to the continued release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Ma/MA/AY from our offices within the Netherlands. If you access the Service from a location outside the Netherlands, you are responsible for compliance with all local laws. You agree that you will not use the Ma/MA/AY Content accessed through www.awakeningyoni.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Ma/MA/AY, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulation. Ma/MA/AY reserves the right at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Ma/MA/AY in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provision hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Dutch Arbitration Act (2015), conducted by a single neutral arbitrator and administered by the Dutch Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Dutch Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis, class arbitrations and class/ representative collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Ma/MA/AY agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Ma/MA/AY AND OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND OR CHANGES IN THE SITE AT ANY TIME.
Ma/MA/AY AND/ OR ITS SUPPLIERS MAKE NO REPRESENTATION ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
Ma/MA/AY AND OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Termination/ Access Restriction
Ma/MA/AY reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Netherlands and you hereby consent to the exclusive jurisdiction and venue of courts in Eindhoven, or when topic not possible there in ‘s-Hertogenbosch in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ma/MA/AY as a result of this agreement or use of the Site. Ma/MA/AY’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Ma’s/MA’s/AY’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Ma/MA/AY with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Ma/MA/AYwith respect to the Site and it supersedes all prior or contemporaneous communication and proposals, whether electronic, oral or written, between the user and Ma/MA/AYwith respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
By using the Site and the network of Ma/MA/AY you are not entitled to hire from the network and clients of Ma/MA/AY and clients of clients etc.
Change to Terms
Ma/MA/AY reserves the rights, in its sole discretion, to change the Terms under which www.awakeningyoni.com is offered. The most current version of the Terms will supersede all previous versions. Ma/MA/AY encourages you to periodically review the Terms to stay informed of our updates.
Ma/MA/AY welcomes your questions or comments regarding the Terms:
:Marjan, representative of Marjan Althuizen and Awakening Yoni
Mr. Rietkerlaan 37