Terms & Conditions

Article 1 Definitions

1. Doris Furcic Multimedia is a sole proprietorship that provides services in the field of (web) editing, marketing communication, writing, and photography. Doris Furcic Multimedia also offers energy healings, online programs, workshops, courses, and e-books, as well as selling products such as travel photographs as polaroid cards.

2. In these General Terms and Conditions, “General Terms and Conditions” means these General Terms and Conditions.

3. In these General Terms and Conditions, “Customer” means the natural person who does not act for purposes related to his or her business or professional activity (hereinafter referred to as “Consumer”), or the natural or legal person who acts in the course of his or her business or professional activity (hereinafter referred to as “Business Customer”) and uses the Services of Doris Furcic Multimedia.

4. In these General Terms and Conditions, “Parties”, and each of them individually as “Party”, means Doris Furcic Multimedia and/or Customer.

5. In these General Terms and Conditions, “Agreement” means the agreement concluded between Doris Furcic Multimedia and Customer, whether or not concluded within the framework of an organized system for distance selling or provision of services, in which up to the moment of concluding the Agreement, exclusively one or more means of distance communication are used, whereby Doris Furcic Multimedia undertakes to provide Services and deliver Products to Customer, and Customer undertakes to pay a price for this. The Agreement is concluded by an offer from Doris Furcic Multimedia] and its acceptance by Customer, which is further specified in Article 4.3 and 4.4 of these General Terms and Conditions.

6. In these General Terms and Conditions, “Services” means all services provided by Doris Furcic Multimedia and/or by third parties engaged by Doris Furcic Multimedia to Customer, including but not limited to offering content creation, online programs and energy healings and delivered Products, as well as all other work performed by Doris Furcic Multimedia for Customer, of any kind whatsoever, performed within the framework of an assignment, including work that is not performed at the express request of Customer.

7. In these General Terms and Conditions, “Products” means all products delivered by Doris Furcic Multimedia and/or by third parties engaged by Doris Furcic Multimedia to Customer, including polaroid cards offered on the Website, whether or not made by Doris Furcic Multimedia itself.

8. In these General Terms and Conditions, “Website” means the website of Doris Furcic Multimedia, which can be consulted via www.dorisfurcic.nl.

 

Article 2 Identity of Doris Furcic Multimedia

1. Doris Furcic Multimedia is registered with the Chamber of Commerce under number 61099953 and has a VAT identification number of NL002183940B14. Doris Furcic Multimedia is located at Stevinstraat 31-23, 2587 EA in The Hague, the Netherlands.

2. Doris Furcic Multimedia can be reached by email at [email protected] or through the Website www.dorisfurcic.nl.

 

Article 3 Applicability of the General Terms and Conditions

1. The General Terms and Conditions apply to every offer made by Doris Furcic Multimedia, as well as to all current and future quotations, receipts, invoices, orders, agreements, deliveries of services and products, offers, assignments, activities, commercial relationships and other legal relationships between the Parties. The Customer’s own terms and conditions are explicitly rejected.

2. These general terms and conditions also apply to work in which third parties are involved for the execution by Doris Furcic Multimedia.

3. Deviations from the General Terms and Conditions are only valid if expressly agreed upon in writing with Doris Furcic Multimedia.

4. The applicability of the Customer’s purchasing or other terms and conditions is explicitly rejected, unless expressly and in writing otherwise agreed upon.

5. The General Terms and Conditions also apply to additional or modified assignments from the Customer.

6. If it appears that one or more provisions in these General Terms and Conditions are void, the validity of the other provisions of these General Terms and Conditions and the entire Agreement shall not be affected. In such a case, the Parties shall make an effort to replace the void provision with a new, valid provision that closely approximates the invalid provision within the scope of the original General Terms and Conditions.

 

ArtiClE 4 Offer and Conclusion of Agreement

1. All offers on the Website are without obligation, unless expressly stated otherwise.

 

2. Customer can contact Doris Furcic Multimedia via the Website, email for any of the offered Services or Products.

3. Doris Furcic Multimedia will discuss with Customer regarding their expectations and can then prepare a quotation that will be sent by letter or email. The Agreement will only be concluded by signing the quotation or by means of an (electronic) order confirmation.

4. Customer can also place orders on the Website. The Agreement is then concluded by placing an order.

5. If Doris Furcic Multimedia sends a confirmation to Customer, that confirmation will determine the content and interpretation of the Agreement, subject to obvious typographical errors. Doris Furcic Multimedia cannot be held to its offer if Customer can reasonably understand that the offer, or any part thereof, contains an obvious mistake or error.

6. If Customer makes annotations or provides responses to Doris Furcic Multimedia’s quotation, they do not form part of the Agreement unless Doris Furcic Multimedia confirms them in writing. An assignment by Customer that has not been preceded by a written quotation requires written acceptance by Doris Furcic Multimedia.

7. An assignment by the Client that has not been preceded by a written quotation requires written acceptance by Doris Furcic Multimedia.

 

Article 5 Execution of the Agreement

1. Doris Furcic Multimedia will make every effort to execute the Services to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship, as well as as much as possible in accordance with the written agreements.

2. Doris Furcic Multimedia has only an obligation of best efforts and not an obligation to achieve a specific result in the provision of the Services. An obligation of best efforts means a contractual obligation to make the necessary efforts or to use certain means to achieve the agreed result, which means that Doris Furcic Multimedia cannot guarantee that the outcomes, results, or expectations that Client has in mind will actually be achieved in the provision of the Services.

3. Due to the fact that certain services of Doris Furcic Multimedia are delivered as an online program, it cannot guarantee that its services will be accessible at all times and at every location.

4. Doris Furcic Multimedia has the right to have certain work performed by third parties.

5. When engaging third parties, Doris Furcic Multimedia will exercise due care and, as far as is reasonably possible and customary in the relationship with Client, consult with Client regarding the selection of these third parties. The costs of engaging these third parties will be borne by Client and will be charged by Doris Furcic Multimedia to Client.

6. The Agreement can only be executed by Doris Furcic Multimedia if Client provides full and correct (contact) details to Doris Furcic Multimedia when concluding the Agreement. Client must therefore ensure that all data, which Doris Furcic Multimedia indicates is necessary or which Client should reasonably understand is necessary for the execution of the Agreement, is provided to[Doris Furcic Multimedia in a timely manner.

7. Client must ensure that Doris Furcic Multimedia can perform its Services in a timely and proper manner. If Client fails to meet its obligations in this regard, it shall be liable for any resulting damage.

8. If a term has been agreed or specified for the execution of Services or delivery of Products, this shall never be a fatal term. If a term is exceeded, Client must notify Doris Furcic Multimedia of this in writing. A reasonable period must be given to Doris Furcic Multimedia to still execute the Agreement.

 

 

Article 6 Amendment of the Agreement

1. If it becomes necessary to modify or supplement the Agreement for a proper execution thereof during the performance of the Agreement, Doris Furcic Multimedia and the Client will proceed to adjust the Agreement in a timely manner and in mutual consultation.

2. If the Agreement is amended, including an addition, this will constitute an additional assignment. An separate agreement on the compensation for this additional assignment will be made in advance. Without an additional offer, the original conditions apply, whereby the extra Services are paid for at the agreed rate.

3. Failure or not immediately executing the amended Agreement does not constitute a breach of contract by Doris Furcic Multimedia and is not a reason for the Client to terminate or dissolve the Agreement.

4. Changes to the originally concluded Agreement between Doris Furcic Multimedia and the Client are only valid from the moment these changes have been accepted by both Parties through an additional or modified Agreement. This change is made in writing.

5. Doris Furcic Multimedia always has the right to refuse participation in advance. In addition, Doris Furcic Multimedia is entitled to suspend or terminate an agreement if the obligations from the agreement are not fulfilled or when new circumstances have arisen that were not known at the time of the conclusion of the agreement.

 

Article 7 Suspension, Termination, and Interim Termination of the Agreement

1. Doris Furcic Multimedia is authorized to suspend compliance with its obligations or terminate the Agreement if the Client fails to comply with its obligations under the Agreement, in whole or in part, or if Doris Furcic Multimedia has good reason to fear that the Client will fail to meet those obligations, provided that Doris Furcic Multimedia has issued a written demand to the Client, setting a reasonable period for compliance with the obligations, and compliance is not forthcoming within this period.

2. Doris Furcic Multimedia is also authorized to terminate the Agreement on the same terms as set out in paragraph 1 of this Article if circumstances arise that are of such a nature that compliance with the Agreement is impossible or the continued existence of the Agreement cannot reasonably be demanded without modification.

3. If the Client fails to comply with its obligations under the Agreement, such non-compliance justifies termination, and the Client is in default, Doris Furcic Multimedia is entitled to immediately terminate the Agreement by means of a written statement to the Client, with the Client being obliged, by reason of breach of contract, to pay damages or compensation.

 

Article 8 Right of Withdrawal and Product Returns 

1. The Consumer has the right to cancel a distance contract within 14 (fourteen) days without giving any reason and at no cost (Right of Withdrawal). This Article applies only to a distance contract concluded with the Consumer. The Business Customer therefore has no right of withdrawal.

2. In the case of a contract for the provision of services, the period for exercising the Right of Withdrawal begins on the day the contract is concluded.

3. For the Customer, the Agreement cannot be cancelled if Doris Furcic Multimedia fully provides the Services within the 14 (fourteen) day cooling-off period. When concluding the Agreement, the Customer grants permission for this to Doris Furcic Multimedia and declares to waive the Right of Withdrawal.

4. Furthermore, the Customer retains the Right of Withdrawal if the delivery of the Services, at the request of the Customer, takes place partially within the 14 (fourteen) day cooling-off period. However, the Customer is required to pay for the Services already provided.

5. In the case of a contract for the delivery of Products, the period for exercising the Right of Withdrawal for the Customer, or a third party designated by the Customer who is not the carrier, begins on the day on which he/she:

a. has received the Product;

b. has received the last Product in the event that the Customer has ordered multiple Products in the same order that are delivered separately;

c. has received the last shipment or the last part if the delivery of the Product consists of several shipments or parts; or

d. has received the first Product in the case of contracts for the regular delivery of Products for a certain period.

6. If the Customer makes use of the Right of Withdrawal within the withdrawal period referred to in paragraph 1 of this Article, Doris Furcic Multimedia will fully refund the entire amount paid by the Customer, including shipping costs, within 14 (fourteen) days of receiving the Product.

7. During the withdrawal period referred to in paragraph 1 of this Article, the Customer is required to handle the received Product and packaging with care. The Customer may use the Product and open the packaging only to the extent necessary to inspect the Product. The principle applies here that the Customer may not inspect the Product further than would be done in a physical store. If the Customer decides to return the Product and it is not necessary to remove the packaging, Doris Furcic Multimedia requests that the Customer refrain from doing so.

8. The Customer is only liable for any depreciation of the Product if this is due to inspection actions that go further than the actions mentioned in paragraph 7 of this Article.

9. The Customer can return the Product via a self-selected postal company. The costs of returning the Product are borne by the Customer.

10. If the Customer wishes to return the order, the Customer can do so by sending an email to [email protected]. The Customer is also free to inform Doris Furcic Multimedia in another unambiguous manner of their intention to dissolve the distance contract.

11. If the Business Customer wishes to return the order, the Business Customer must notify Doris Furcic Multimedia within 7 days of receipt of the items. This must be done via email ([email protected]).

12. In the email, the Customer must indicate the reason for the exchange or return of the purchase. The Customer will then receive an email from Doris Furcic Multimedia containing instructions for returning the Product.

13. Products that have not been notified to Doris Furcic Multimedia for return or withdrawal and products that have not been sufficiently or at all prepaid will not be accepted for return.

14. If the customer indicates by email to Doris Furcic Multimedia that they wish to cancel the distance agreement, Doris Furcic Multimedia confirms receipt of this.

15. If an online program is purchased during a pre-sale or launch and access to the content is not provided immediately, the customer has the right to revoke the agreement free of charge within 14 (fourteen) calendar days after the conclusion of the agreement.

16. If the customer gains access to the content within these 14 (fourteen) calendar days, the customer expressly agrees to waive the right to a cooling-off period and the right to revoke the agreement.

 

Article 9 Cancellation

1. Cancellation of the Agreement after signing the quotation or (electronic) order confirmation is not possible.

2. The Consumer can only cancel the Agreement if the Consumer no longer has the right of withdrawal.

3. Cancellation of the energy healing by the customer must be done in writing (an email, WhatsApp, or text message is sufficient). The date of receipt by Doris Furcic Multimedia will be considered as the date of cancellation.

4. The energy healing sessions can be canceled free of charge up to 48 hours in advance. Within 48 hours, 100% of the treatment fee will be charged to the customer.

5. The energy healing sessions can only be canceled free of charge within 24 hours upon showing of force majeure. Article 17 states what is meant by force majeure.

 

Article 10 Costs, Fees, and Payment

1. All amounts mentioned in the offer and/or order are in euros and include VAT for consumer purchases and exclude VAT for business customers, unless otherwise stated.

2. The prices in the Webshop include VAT and exclude shipping costs, unless otherwise stated. Doris Furcic Multimedia will clearly and timely mention the calculation of the shipping costs to the Customer before concluding the Agreement.

3. Doris Furcic Multimedia has the right to correct any obvious typographical errors in the price quote.

4. Payment for online programs, energy healings, and polaroid cards is made via iDeal, payment request, Card, or Sofort, and for content creation via Moneybird.

5. The invoice must be paid by the Customer within 14 days.

6. For orders within the Netherlands and Belgium, Doris Furcic Multimedia, depending on the weight, charges shipping costs between €0.96 and €4.65. If the order exceeds €95, Doris Furcic Multimedia will not charge any shipping costs.

7. The Customer has a duty to immediately inform Doris Furcic Multimedia of any inaccuracies in the stated or provided payment information.

8. If the Customer is in default of timely payment of an invoice, the Customer is automatically in default, without any further notice of default being required. The Customer is then liable for statutory interest. The interest on the payable amount will be calculated from the moment that the Customer is in default until the moment of payment of the full amount due.

9. If Doris Furcic Multimedia decides to collect a claim for non-payment of one or more unpaid invoices through legal action, the Customer, in addition to the outstanding principal, is also required to reimburse all reasonable legal and extrajudicial costs incurred. The reimbursement of incurred legal and extrajudicial costs will be determined in accordance with the then-applicable Decree that pertains to compensation for extrajudicial collection costs.

 

Article 11 Additional terms and conditions rates and payments for online programs

1. The agreement is entered into for a specified period, unless the nature of the agreement indicates otherwise or unless the parties expressly agree otherwise in writing.

2. By entering into the agreement, the obligation to pay arises. Doris Furcic Multimedia is entitled to request payment in advance. If invoiced in installments, Doris Furcic Multimedia is entitled to suspend work until the (next) payment has been made. In case of payment in installments, a first installment must always be paid before access to the content is provided.

3. In case of death, bankruptcy, seizure or suspension of payment of the customer, Doris Furcic Multimedia’s claims become immediately due and payable and the agreement is terminated immediately.

 

Article 12 Delivery

1. Once the order is received by Doris Furcic Multimedia, Doris Furcic Multimedia will send the Products to the address provided by the Customer to Doris Furcic Multimedia, as soon as possible, taking into account the delivery time. The delivery time of Doris Furcic Multimedia within the Netherlands is generally 2 business days.

2. The delivery time of Doris Furcic Multimedia to foreign countries varies per country and depends on PostNL. See here for delivery times per country.

3. Doris Furcic Multimedia consults with the Customer regarding the delivery time for the agreed-upon Services.

4. If Doris Furcic Multimedia is unable to deliver the Products within the agreed-upon delivery time, Doris Furcic Multimedia will inform the Customer as soon as possible. Doris Furcic Multimedia is authorized to agree upon a new delivery date with the Customer, provided the Customer agrees.

5. The Products are at the risk of the buyer from the moment the Products are delivered by Doris Furcic Multimedia or a carrier designated by Doris Furcic Multimedia to the specified delivery address.

6. Unless otherwise agreed in writing, shipment takes place from The Hague.

7. Doris Furcic Multimedia determines the method of transport and packaging itself. Doris Furcic Multimedia may choose to have the Products delivered via PostNL or another postal delivery service, or choose to deliver the Products personally.

8. If the Products are available to the Customer after the delivery time has passed, but the Customer does not take delivery of them, the Products will be stored at the Customer’s disposal at their own risk and expense, regardless of the reason for non-delivery.

9. If the delivered Product does not substantially conform to the Agreement, or in case a Product is lost or received in a damaged condition, a suitable solution will be sought through joint consultation. In such a case, the Customer has the right, vis-à-vis Doris Furcic Multimedia, to:

I. Demand delivery of the missing part or Product;

II. Demand repair of the delivered Product, provided Doris Furcic Multimedia can reasonably comply;

III. Demand replacement of the Product, unless the deviation from the Agreement is too insignificant to justify this, or the Product has deteriorated or deteriorated since the time when the Customer should reasonably have taken into account the dissolution of the Agreement because the Customer has not taken care of the Product as a careful debtor for its preservation;

IV. Dissolve the Agreement, unless the deviation from the Agreement is of such minor significance that dissolution is not justified; or

V. Reduce the price in proportion to the degree of deviation from the Agreement.

10. The rights under paragraph 7, subparagraphs IV and V of this Article arise only if repair and replacement of the delivered Products is impossible or cannot reasonably be demanded from Doris Furcic Multimedia, or if Doris Furcic Multimedia has failed to fulfill its obligations to repair or replace the delivered Products within a reasonable period of time.

11. If the Customer demands replacement of the Product, as referred to in paragraph 7, subparagraph III of this Article, and the ordered Product is no longer available, Doris Furcic Multimedia is authorized to deliver a similar Product of the same or similar quality or to refund the money to the Customer.

 

Article 13 Liability Business Customer 

1. This Article only applies to an Agreement concluded with the Business Customer.

2. The Customer is responsible for providing correct and representative data and information necessary for the execution of the Agreement. Doris Furcic Multimedia shall not be liable for damages, among others based on an incorrect order, if the Customer has provided incorrect, non-representative, or irrelevant data.

3. The delivery time as mentioned in Article 12.1 can only be given approximately. Although Doris Furcic Multimedia will always attempt to meet the delivery time, Doris Furcic Multimedia shall never be liable for the consequences of exceeding the mentioned term. Exceeding the term does not entitle the Customer to cancel the Agreement, or to refuse receipt or payment of the Products, nor is Doris Furcic Multimedia liable to pay any compensation to the Customer.

4. Doris Furcic Multimedia shall not be liable for errors or omissions of third parties engaged by it. By using the Services of Doris Furcic Multimedia, the Customer authorizes Doris Furcic Multimedia to accept, on behalf of the Customer, any liability limitation of such third parties if they wish to limit their liability.

5. The Services provided by Doris Furcic Multimedia are subject to an obligation of best efforts, and not to a result obligation. Therefore, Doris Furcic Multimedia cannot be held liable for any dissatisfaction of the Customer with the provided Services.

6. Doris Furcic Multimedia shall not be liable for any damage caused to the Products during transport, in accordance with Article 10, paragraph 4 of these General Terms and Conditions.

7. Doris Furcic Multimedia shall not be liable for indirect damages, including but not limited to consequential damages.

8. Doris Furcic Multimedia shall not be liable for any typos or mistakes on the Website.

9. Doris Furcic Multimedia shall not be liable for non-performance or untimely performance of the obligations arising from the Agreement, in case this is caused by force majeure as referred to in Article 17 of these General Terms and Conditions.

10. All images, drawings, and data concerning weights, dimensions, colors, product specifications, etc. are only indicative. Deviations from reality cannot in principle lead to compensation and/or free dissolution.

11. Doris Furcic Multimedia shall not be liable for damage caused by relying on incorrect or incomplete data provided by or on behalf of the Customer.

12. The Customer is ultimately responsible for checking the quality of the supplied material.

13. Participants in an online program are always personally responsible for applying or executing knowledge or actions gained during an Agreement.

14. In the event that Doris Furcic Multimedia is liable to the Customer for causing direct damages falling under this article, the damages shall not exceed the amount charged by Doris Furcic Multimedia in the three months preceding the occurrence of the damage, unless reasonableness and fairness require otherwise.

15. The Customer indemnifies Doris Furcic Multimedia against all claims of third parties related to the services and products provided by Doris Furcic Multimedia.

 

Article 14 Consumer Liability

1. Doris Furcic Multimedia shall not be liable for indirect damages, including but not limited to consequential damages.

2. Doris Furcic Multimedia shall not be liable for failure or delayed performance of obligations arising from the Agreement if such failure or delay is caused by force majeure as referred to in article 17 of these general terms and conditions.

3. The customer is ultimately responsible for verifying the quality of the supplied material.

4. Participants in an online program remain solely responsible for applying or executing knowledge or actions gained during an agreement.

5. In the event that Doris Furcic Multimedia is liable to the customer for causing direct damages falling under this article, the damages shall not exceed the amount charged by Doris Furcic Multimedia in the three months preceding the occurrence of the damages, unless reasonableness and fairness require otherwise.

6. The customer shall indemnify Doris Furcic Multimedia against all claims from third parties relating to the services and products provided by the customer.

7. Doris Furcic Multimedia has an obligation of effort and not an obligation of results with regard to the services provided. Therefore, Doris Furcic Multimedia cannot be held liable for dissatisfaction of the customer with the services provided.

 

 

Article 15 Additional terms for energy healings

1. Doris Furcic Multimedia is obligated to maintain confidentiality of any information obtained during energy healing treatments. This obligation remains in force even after the treatments have ended.

2. Doris Furcic Multimedia expects customers to be forthcoming with information that may affect the treatments, and to be physically and mentally capable of undergoing the treatments.

3. Doris Furcic Multimedia will always advise customers with physical or mental health issues to consult with a medical doctor or healthcare provider. Energy therapy is not a substitute for regular healthcare and/or a consultation with a medical doctor or healthcare provider.

 

Article 16 Online Program:

1. If the offer is accepted and the program is purchased online, a payment obligation for the participant arises immediately, which, in the case of a B2B agreement, also remains in force if the entire program is not completed or the provided content is not used. If the agreement is concluded as a private individual, the part of the content that has not yet been used will be settled proportionally at the time of cancellation, reduced by the costs incurred so far.

2. Access to the content is only provided after the due amount has been paid. If payments are made in installments, access is only provided after the first payment has been made, and Doris Furcic Multimedia is entitled to suspend access to the content until the next payment is made. The payment obligation remains in such a case.

3. Doris Furcic Multimedia has the right to adjust the fees for re-offering a program. It also has the right to adjust the price in the run-up to a program for promotional purposes.

4. Doris Furcic Multimedia carries out the agreement to the best of its knowledge and ability. However, it is not responsible for not achieving the result that the customer intended to achieve with the purchase. The customer remains solely responsible for applying or executing knowledge or actions gained during a program.

5. Because a third-party platform is used to deliver the program, Doris Furcic Multimedia cannot guarantee that the program will be available at all times and in all locations.

6. Doris Furcic Multimedia retains the right to refuse participation at all times.

7. Doris Furcic Multimedia is entitled to expand, limit or modify the content of a program.

8. The participant obtains a limited and personal right to use the content of the program for personal purposes. The program is intended to inspire, not to copy. Participants may share portions of the content on social media to a limited extent, provided that the material is attributed to Doris Furcic Multimedia.

9. The information provided during the term of the program remains the property of Doris Furcic Multimedia. It will indicate in a timely manner until when the content is available. It is the participant’s own responsibility to view and, where possible, save the material in a timely manner.

10. During participation in a program, participants can communicate with each other, for example by posting comments in the community. The participant declares not to send spam or other unwanted messages. Acting in violation of these conditions may result in immediate denial of access and use of the services of Doris Furcic Multimedia.

11. Doris Furcic Multimedia is at all times free to remove communication or other shared information without further notice if the content of such communication and information justifies its removal.

12. Doris Furcic Multimedia reserves the right to exclude participants from further participation, and if necessary, future participation, who obstruct or hinder the progress of a program due to their behavior. Exclusion does not affect the obligation to pay the costs for the respective content if the customer fails to meet his or her obligations.

 

Article 17 Force Majeure

1. Force majeure shall mean any cause beyond the control of Doris Furcic Multimedia, including but not limited to acts of God, war, pandemics, government regulations, disasters, strikes, abnormal weather conditions, and any other event outside the control of Doris Furcic Multimedia, which prevents or delays timely, complete or proper performance of the Agreement.

2. Force majeure, as referred to in the preceding paragraph, shall also include, but not limited to: non-performance by a third party, illness or accidents of Doris Furcic Multimedia staff or third party, disruptions in water and energy supplies, serious disruptions in the systems of Doris Furcic Multimedia, fire, floods, natural disasters, riots, or any other domestic unrest.

3. In the event of force majeure, performance of the Agreement shall be suspended or postponed for as long as the force majeure continues.

4. If force majeure results in either Party being unable to perform its obligations under the Agreement, the other Party shall be entitled to terminate the Agreement without the intervention of a court. In such a case, Doris Furcic Multimedia shall refund any amounts paid, deducting all costs incurred by Doris Furcic Multimedia in connection with the Agreement.

5. If the Customer wishes to reschedule the agreement due to COVID-19, but government regulations do not make a continuation (in an adapted form or otherwise) impossible, Doris Furcic Multimedia is entitled to charge the costs associated with this rescheduling.

 

Article 18 Warranty

1. Doris Furcic Multimedia does not offer any warranty for the Products supplied against material and manufacturing defects.

2. The provisions regarding warranty in these General Terms and Conditions shall not affect the Customer’s statutory warranty rights.

 

Article 19 Complaints 

1. Upon delivery, or as soon as possible thereafter, the Customer is obliged to inspect or have inspected the delivered Product. The Customer must examine whether the quality and quantity of the delivered goods correspond to what has been agreed in the Agreement.

2. Errors or inaccuracies that can be detected during the initial inspection, taking into account the requirements of reasonableness and fairness, must be reported to Doris Furcic Multimedia in writing within 14 (fourteen) working days after receipt of the Products, along with presentation of the purchase receipt, unless this is impossible or unreasonably burdensome.

 

Article 20 Confidentiality of data

1. Each of the Parties guarantees that any data received from the other Party that is known or should be known to be of a confidential nature shall remain confidential. The Party receiving confidential data shall only use it for the purpose for which it was provided. Data shall in any case be considered confidential if it has been designated as such by one of the Parties. Doris Furcic Multimedia shall not be bound by this if the provision of data to a third party is necessary pursuant to a judicial decision, a statutory provision or for the proper performance of the Agreement.

 

Article 21 Intellectual Property

 1. Doris Furcic Multimedia reserves the rights and powers that are due to it under the Copyright Act.

2. The Client guarantees that no third-party rights conflict with the provision of data to Doris Furcic Multimedia. The Client will indemnify Doris Furcic Multimedia against any action based on the assertion that such provision, use, processing, installation or incorporation infringes any third-party rights.

3. The intellectual property rights to the materials and advice provided to the Client by Doris Furcic Multimedia remain with Doris Furcic Multimedia. It is explicitly not allowed to reproduce, disclose or make available the materials and provided documentation to third parties without prior permission.

4. Any action in violation of this article shall be deemed an infringement of copyright.

5. In case of infringement, Doris Furcic Multimedia is entitled to a compensation of at least three times the amount that it usually charges for such a form of use by the Business Client, without waiving any right to compensation for other damages incurred.

 

Article 22 Complaints Procedure

 1. The Client is obliged to report complaints about quotations, invoices and/or the services and products delivered as soon as possible, but no later than 7 calendar days after the complaint arose, in writing and with a motivation to Doris Furcic Multimedia. The Client must send an email to [email protected].

2. Doris Furcic Multimedia must be given the opportunity to rectify the shortcoming.

3. Submitting a complaint does not suspend the payment obligation.

 

Article 23 Amendment clause

1. Doris Furcic Multimedia reserves the right to amend or supplement these General Terms and Conditions at any time. Doris Furcic Multimedia will inform the Client of this in a timely manner.

2. The Consumer has the option to terminate the Agreement up to and including the day on which the amended General Terms and Conditions come into effect if the changes result in Doris Furcic Multimedia being able to provide Services or Products that are materially different from what the Parties agreed upon when concluding the Agreement.

 

Article 24 Other conditions for energy healings 

1. Doris Furcic Multimedia is obliged to maintain confidentiality about what it has learned in the context of energy healing treatments. This obligation remains in force after the treatments have ended.

2. Doris Furcic Multimedia expects customers to be open about information that may affect the treatments. Doris Furcic Multimedia also expects the Customer to be physically and mentally able to withstand the treatments.

3. Doris Furcic Multimedia will always advise clients with physical and mental health issues to consult with a general practitioner. Energetic therapy is not a substitute for regular healthcare and/or a consultation with a general practitioner.

 

Article 25 Applicable law and competent court

1. Dutch law applies to the legal relationship(s) between Doris Furcic Multimedia and its Customer.

2. Any disputes that may arise between Doris Furcic Multimedia and the Customer will be submitted to the competent court in the district where the Customer resides.

3. Any disputes that may arise between Doris Furcic Multimedia and the Business Customer will be submitted to the court in The Hague.

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