terms and conditions

Definitions

1. Buddha Grooves: Buddha Grooves, established in Rotterdam, Chamber of Commerce No.: 62577778.
2. Customer: The party which Buddha Grooves has entered an agreement with.
3. Parties: BBuddha Grooves and customer together.
4. Consumer: a customer who is an individual actin for private purposes.

Applicability

1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Buddha Grooves.
2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing
3. The parties expressly exclude the applicability of supplementary an/or deviating general terms and conditions of the customer or of third parties.

Prices

1. All prices used by Buddha Grooves are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
2. Buddha Grooves is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
3. The parties agree on a total price for a service provided by Buddha Grooves. This is always a target price, unless the parties have explicitly agreed upon in writing on a fixed price, which cannot be deviated from.
4. Buddha Grooves has the right to adjust prices annually.
5. Buddha Grooves will communicate price adjustments to the customer prior to the moment the price increase becomes effective.
6. The consumer has the right to terminate the contract with Buddha Grooves if he does not agree with the price increase.

Payments and Payment terms

1. Products are immediately paid for.
2. Buddha Grooves may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.
3. The customer must pay invoices of Buddha Grooves within 14 days, unless parties have made other agreements about this or if the invoice has a different payment term.
4. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest of the last day of the payment term, he is legally in default, without Buddha Grooves having to send the customer a reminder or to put him in default.
5. Buddha Grooves 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.

Consequences of late payment

1. If the customer does not pay within the agreed term, Buddha Grooves is entitled to charge an interest of 2% per month per commercial transaction from the day the customer is in default, whereby a part of a month is counted for a whole month.
2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Buddha Grooves.
3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
4. If the customer does not pay on time, Buddha Grooves may suspend its obligations until the customer has met his payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Buddha Grooves on the customer are immediately due and payable.
6. If the customer refuses to cooperate with the performance of the agreement by Buddha Grooves, he is still obliged to pay the agreed price to Buddha Grooves.

Right of recovery of goods

1. As soon as the customer is in default, Buddha Grooves is entitled to invoke the right of recovery with regard to the unpaid products delivered to customer.
2. Buddha Grooves invokes the right of recovery by means of a written or electronic announcement.
3. As soon as the customer is informed of the claimed right of recovery, the customer must immediately return the products concerned to Buddha Grooves, unless the parties agree to make other arrangements about this.
4. The costs for the collection or return of the products are at the expense of the customer.

Right of withdrawal

1. A customer may cancel an online purchase during a cooling-off period of 14 days without giving any reasons, provided that:

• The product has not been used
• It is not a product that can spoil quickly, like food of flowers
• The product is not specially tailored for the consumer or adapted to its special need
• It is not a product that may not be returned for hygiene reasons (underwear, swimwear, etc.)
• The seal is still intact, when the product is data carrier with digital content (DVDs, CDs, 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 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 14 calendar days right of withdrawal period and the consumer has not renounced his right of withdrawal

2. The cooling-off period of 14 days as referred to in paragraph 1 commences:

• On the day after the consumer has received the last product or part of the1st order
• As soon as the consumer has received the first 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 via the internet

3. The consumer can notify his right of withdrawal via info@buddhagrooves.nl
4. The consumer is obliged to return the product to Buddha Grooves within 14 days after the notification of his right of withdrawal, after which period his right of withdrawal will elapse.

Reimbursement of delivery costs

1. If the purchase costs and any other costs (such as delivery costs) are eligible for reimbursement according to the law, Buddha Grooves will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided the consumer has returned the product to Buddha Grooves in time.
2. The costs for return are only reimbursed by Buddha Grooves 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 are borne by the consumer.

Suspension of the obligation by the customer

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention

1. Buddha Grooves can appeal to the right of title and in that case retain the products sold by Buddha Grooves to the customer until the customer has paid all outstanding invoices with regard to Buddha Grooves, unless the customer has provided sufficient security for these payments.
2. The right of retention of the title also applies on the basis of previous agreements from which the customer still owes payments to Buddha Grooves.
3. Buddha Grooves is never liable for any damage that the customer may suffer as result of using his right of retention of title.

Settlement

The customer waives his right to settle any debt to Buddha Grooves with any claim on Buddha Grooves.

Retention of title

1. Buddha Grooves remains the owner of all delivered product until the customer has fully complied with all its payment obligations with regards to Buddha Grooves under whatever agreement with Buddha Grooves including of claims regarding the shortcomings in the performance.
2. Until then, Buddha Grooves can invoke its retention of title and take back the goods.
3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
4. If Buddha Grooves invokes its retention of title, the agreement will be dissolved and Buddha Grooves has the right to claim compensation, lost profits and interest.

Delivery

1. Delivery takes place while stock lasts.
2. Delivery takes place at Buddha Grooves unless the partners agreed upon otherwise.
3. Delivery of products ordered online takes please at the address indicated by the customer.
4. If the agreed price is not paid on time, Buddha Grooves has the right to suspend its obligations until the agreed price is fully paid.
5. In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by Buddha Grooves.

Delivery period

1. Any delivery period specified by Buddha Grooves 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.
2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Buddha Grooves.
3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Buddha Grooves cannot deliver within 14 days after the customer has urged him to do so in writing or if the parties have agreed upon otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

Transport costs

Transport costs are paid by the customer, unless the parties have agreed upon otherwise.

Packing and shipping

1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Buddha Grooves may not be held liable for any damage.
2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packing prior to the transport from Buddha Grooves, failing which Buddha Grooves cannot be held liable for any damage.

Insurance

1. 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 Buddha Grooves that are present at the premises of the customer.
• Goods that have been delivered under retention of title.

2. At the first request of Buddha Grooves, the customer provides the policy for these insurances for inspection.

Storage

1. If the customer orders products later than agreed delivery date, the risk of any quality loss is entirely for the customer.
2. Any extra costs as a result of premature or late purchase of products are entirely at the customer’s expense.

Guarantee

1. When the parties have entered into an agreement with services included, these services only contain best-effort obligations for Buddha Grooves, not obligations of results.
2. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
3. The warranty does not apply in the event 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.
4. 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 legally 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.

Exchange

1. Exchange is only possible if the following conditions are met:

• Exchange takes place within 7 days after purchase upon presentation of the original invoice
• The product is returned in the original packing or with the original (price) tags still attached to it
• The product has not been used

2. Discounted items, non-shelf articles such as food, custom made items or specially adapted articles for the customer cannot be exchanged.

Performance of the agreement

1. Buddha Grooves executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2. Buddha Grooves has the right to have the agreed services (partially) performed by third parties.
3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer.
4. It is the responsibility of the customer that Buddha Grooves can start the implementation of the agreement on time.
5. If the customer has not ensured that Buddha Grooves 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

1. The customer shall make available to Buddha Grooves all informations, data and documents relevant to the correct execution of the agreement to in time and in the desired format and manner.
2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuring from the nature of the agreement.
3. If and insofar as the customer request this, Buddha Grooves will return the relevant documents.
4. If the customer does not timely and properly provides the information, data or documents reasonably required by Buddha Grooves and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the customer.

Confidentiality

1. The client keeps any information he receives (in whatever form) from Buddha Grooves confidential.
2. The same applies to all other information concerning Buddha Grooves of which he knows or can reasonably suspect that is secret or confidential, or of which it can except that its disclosure may cause damage to Buddha Grooves.
3. The customer takes all necessary measures to ensure that he keeps the information referred to in paragraphs 1 and 2 secret.
4. The obligation of secrecy described in this article does not apply to information:
   • Which was already made public before the customer heard this information or which later became public without being the result of a violation of the customer’s duty to confidentiality.
   • Which is made public by the customer due to a legal obligation.
5. The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after the end thereof.

Penalties

1. The customer must examine a product or service provided by Buddha Grooves as soon as possible for possible shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Buddha Grooves of this as soon as possible, but in any case within maximum 1 month after purchase of the product.
3. Consumer must inform Buddha Grooves of the discovery of the shortcomings within the maximum of one months after purchase of the product.
4. The customer gives a detailed description as possible of the shortcomings, so that Buddha Grooves is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in any case not lead to Buddha Grooves being forced to perform other work than has been agreed.

Giving notice

1. The customer must provide any notice of default to Buddha Grooves in writing.
2. It is the responsibility of the customer that a notice of default actually reaches Buddha Grooves (in time).

Joint and several Client liabilities

If Buddha Grooves enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Buddha Grooves under that agreement.

Expiry period

Every right of the customer to compensation from Buddha Grooves shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.

Dissolution

1. The customer has the right to dissolve the agreement if Buddha Grooves imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
2. If the fulfillment of the obligations by Buddha Grooves is not permanent or temporarily impossible, dissolution can only take place after Buddha Grooves is in default.
3. Buddha Grooves has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Buddha Grooves good grounds to fear that the customer will not be able to fulfill his obligations properly.

Force majeure

1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Buddha Grooves in the fulfillment of any obligation to the customer cannot be attributed to Buddha Grooves in any situation independent of the will of Buddha Grooves, when the fulfillment of this obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Buddha Grooves.
2. The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a situation of force majeure arises as a result of which Buddha Grooves cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Buddha Grooves can comply with it.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
5. Buddha Grooves does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Modification of the agreement

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.

Changes in the general terms and conditions

1. Buddha Grooves is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Major changes in content will be discussed by Buddha Grooves with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Transfer of rights

1. The customer cannot transfer its rights deferring from an agreement with Buddha Grooves to third parties without the prior written consent of Buddha Grooves.
2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.

Consequences of nullity or annullability

1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Buddha Grooves had in mind when drafting the conditions on that issue.

Applicable law and competent court

1. Dutch law is exclusively applicable to all agreements between the parties.
2. The Dutch court in the district where Buddha Grooves is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

Yoga classes

All classes and workshops are nonrefundable and nontransferable.

Make sure to:

Download the free Zoom app.

Click on the app link in your order e-mail to access the class.

Before the start of the class, turn on the video, and mute the audio.

Centrally position yourself in front of the camera.

Clothing should be in contrast to your mat.

Your practice space should have good lighting, a wall, or a locked door.

Have your props readily available.

Liability

Attending an online or physical yoga class is at the students’ own risk. Buddha Grooves does not accept any liability for physical injury occurred during class participation. Take precautions by asking your doctor if you have questions about your health before class participation. Please make sure to inform the teacher of any injury or feeling well before the start of class; communicate if you are experiencing pain by raising your hand and turn on the audio.

Buddha Grooves is not liable for loss or theft of personal belongings in case yoga classes are taken in a studio.

Holidays

Buddha Grooves is closed during the Christmas holidays of the Central Region. During the summer holidays, Buddha Grooves adjusts the schedule and there are fewer classes. During the other school holidays we can adjust our schedule or you can have lessons from a different teacher than you are used to. The current schedule is always visible via www.buddhagrooves.nl.