Terms and Conditions

Table of Contents:

1. Article 1 – Definitions
2. Article 2 – Identity of the Entrepreneur
3. Article 3 – Applicability
4. Article 4 – The Offer
5. Article 5 – The Agreement
6. Article 6 – Right of Withdrawal
7. Article 7 – Obligations of the Consumer during the Reflection Period
8. Article 8 – Exercising the Right of Withdrawal by the Consumer and Costs thereof
9. Article 9 – Obligations of the Entrepreneur in case of Withdrawal
10. Article 10 – Exclusion of the Right of Withdrawal
11. Article 11 – The Price
12. Article 12 – Fulfilment and Additional Warranty
13. Article 13 – Delivery and Execution
14. Article 14 – Ongoing Transactions: Duration, Termination, and Renewal
15. Article 15 – Payment
16. Article 16 – Complaints Procedure
17. Article 17 – Disputes
18. Article 18 – Additional or Deviating Provisions
19. Article 19 – Liability; Indemnification

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Additional Agreement: An agreement in which the consumer acquires products, digital content, and/or services in connection with a distance contract, and these goods, digital content, and/or services are supplied by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur.
2. Reflection Period: The period during which the consumer can make use of their right of withdrawal.
3. Consumer: The natural person who is not acting for purposes relating to their trade, business, craft, or profession.
4. Day: Calendar day.
5. Digital Content: Data produced and supplied in digital form.
6. Ongoing Contract: A contract that provides for the regular delivery of goods, services, and/or digital content over a certain period.
7. Durable Data Carrier: Any tool, including email, that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future reference or use for a period suited to the purpose for which the information is intended, and that allows the unchanged reproduction of the stored information.
8. Right of Withdrawal: The option for the consumer to cancel the distance contract within the reflection period.
9. Entrepreneur: The natural or legal person who offers products, (access to) digital content, and/or services to consumers remotely.
10. Distance Contract: An agreement concluded between the entrepreneur and the consumer under an organized system for distance selling of products, digital content, and/or services, whereby exclusive or additional use is made of one or more means of distance communication up to and including the conclusion of the contract.
11. Model Withdrawal Form: The European standard form for withdrawal included in Annex I of these terms and conditions.
12. Means of Distance Communication: Means that can be used for concluding an agreement without the consumer and entrepreneur being physically present in the same space.

Article 2 – Identity of the Entrepreneur

AskMarija
Oliemolen 1
7587SH De Lutte
The Netherlands
Chamber of Commerce number: 24311140
VAT number: NL820481075B01

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate how the general terms and conditions can be viewed and that they will be sent to the consumer free of charge upon request before the distance contract is concluded.
3. If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph, be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise to the consumer free of charge upon request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer can always invoke the most favorable provision in case of conflicting terms.

Article 4 – The Offer

1. If an offer is subject to a limited period of validity or is made under conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
4. The website provides access to various yoga lessons in video format, blogs, healthy cooking recipes, and instructional videos. Links to social media platforms such as YouTube, Instagram, Facebook, and X are also included.

Article 5 – The Agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the time the consumer accepts the offer and meets the associated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the entrepreneur has not confirmed this acceptance, the consumer can dissolve the agreement.
3. The entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can, within legal frameworks, investigate whether the consumer can fulfill their payment obligations, as well as all facts and factors that are important for responsibly entering into the distance contract. If the entrepreneur has good reasons not to enter into the agreement based on this investigation, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
5. Upon delivery of the product, service, or digital content, the entrepreneur will include the following information in writing or in such a way that the consumer can store it on a durable data carrier: a. The visiting address of the entrepreneur’s business location where the consumer can file complaints;
   b. The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
   c. Information about existing after-sales services and guarantees;
   d. The price, including all taxes, of the product, service, or digital content; any delivery costs, if applicable; and the method of payment, delivery, or execution of the distance contract;
   e. The requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
   f. If the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
7. Customers can create accounts to interact with content on the website, including subscribing to newsletters, commenting on posts, purchasing books, and accessing downloadable PDFs and videos.

Article 6 – Right of Withdrawal

For products:

1. The consumer may dissolve an agreement regarding the purchase of a product during a reflection period of at least 14 days without stating reasons. The entrepreneur may ask the consumer about the reason for withdrawal but cannot require the consumer to state their reason(s).
2. The reflection period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer, who is not the carrier, has received the product, or:
   a. If the consumer has ordered multiple products in one order: the day on which the consumer, or a third party designated by them, receives the last product.
   b. If the delivery of a product consists of various shipments or parts: the day on which the consumer, or a third party designated by them, receives the final shipment or the last part.
   c. In agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by them, receives the first product.

For services and digital content not supplied on a physical medium:
3. The consumer may dissolve a service agreement and an agreement for the supply of digital content not supplied on a physical medium during at least 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal but cannot require them to state their reason(s).
4. The reflection period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.

Article 7 – Obligations of the Consumer during the Reflection Period

1. During the reflection period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a store.
2. The consumer is only liable for a decrease in the product’s value if this is the result of handling the product in a way that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any decrease in the product’s value if the entrepreneur has not provided all legally required information about the right of withdrawal before or at the conclusion of the contract.

Article 8 – Exercising the Right of Withdrawal by the Consumer and Costs thereof

1. If the consumer makes use of their right of withdrawal, they will notify the entrepreneur within the reflection period using the model withdrawal form or by making another unambiguous statement.
2. As quickly as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product or hand it over to (an authorized representative of) the entrepreneur. This does not need to be done if the entrepreneur has offered to collect the product themselves. The consumer has met the return deadline if they return the product before the reflection period has expired.
3. The consumer returns the product with all delivered accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs, or if the entrepreneur indicates that they will bear the costs, the consumer does not need to pay the return shipping costs.

Article 9 – Obligations of the Entrepreneur in case of Withdrawal

1. If the entrepreneur allows the notification of withdrawal by the consumer electronically, they will immediately send a confirmation of receipt after receiving this notification.
2. The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notified the entrepreneur of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait with the reimbursement until they have received the product or until the consumer has demonstrated that they have returned the product, whichever comes first.
3. The entrepreneur will use the same payment method for reimbursement as the consumer used unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not required to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of the Right of Withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly stated this in the offer, or at least in good time before the conclusion of the agreement:

1. Products or services whose price depends on fluctuations in the financial market that are beyond the entrepreneur’s control and that may occur within the withdrawal period;
2. Service contracts after full performance of the service, but only if:
   a. The execution has begun with the consumer’s explicit prior consent; and
   b. The consumer has declared that they lose their right of withdrawal once the entrepreneur has fully performed the contract.
3. Sealed audio, video recordings, or computer software that have been unsealed after delivery;
4. Newspapers, periodicals, or magazines, with the exception of subscriptions to them;
5. The delivery of digital content other than on a physical medium, but only if:
   a. The execution has begun with the consumer’s explicit prior consent; and
   b. The consumer has declared that they thereby lose their right of withdrawal.

Article 11 – The Price

1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
2. In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no control, with variable prices. These fluctuations and the fact that any prices stated are target prices will be mentioned in the offer.
3. Price increases within three months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from three months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
   a. They are the result of statutory regulations or provisions; or
   b. The consumer has the authority to terminate the contract with effect from the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.

Article 12 – Fulfilment and Additional Warranty

1. The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing statutory provisions and/or government regulations on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, their supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the contract if the entrepreneur has failed to fulfil their part of the agreement.
3. An additional guarantee means any commitment by the entrepreneur, their supplier, importer, or manufacturer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to do in the event they have failed to meet their part of the contract.

Article 13 – Delivery and Execution

1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has provided to the entrepreneur.
3. With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but at the latest within 30 days unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be notified of this no later than 30 days after they placed the order. In that case, the consumer has the right to terminate the contract without costs and is entitled to compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and announced representative, unless expressly agreed otherwise.

Article 14 – Ongoing Transactions: Duration, Termination, and Renewal

Termination:

1. The consumer may terminate an agreement concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement concluded for a definite period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
3. The consumer can terminate the agreements mentioned in the previous paragraphs:
   a. At any time and not be limited to termination at a specific time or during a specific period;
   b. At least in the same way as they were entered into by the consumer;
   c. Always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal: 4. A contract concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
5. In deviation from the previous paragraph, a contract concluded for a definite period and that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed period of no more than three months if the consumer can terminate this renewed agreement at the end of the extension with a notice period of no more than one month.
6. A contract concluded for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. The notice period is no more than three months in the event that the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
7. A contract with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly renewed and ends automatically after the trial or introductory period.

Duration: 8. If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise.

Article 15 – Payment

1. Unless otherwise specified in the contract or additional terms, amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period begins the day after the consumer has received the confirmation of the agreement.
2. When selling products to consumers, the consumer may never be obliged to make an advance payment of more than 50%. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the advance payment has been made.
3. The consumer is obliged to immediately report inaccuracies in payment data provided or stated to the entrepreneur.

Article 16 – Complaints Procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the contract must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
3. The entrepreneur will respond to complaints submitted within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. The consumer must give the entrepreneur at least four weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 17 – Disputes

1. Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

Article 18 – Additional or Deviating Provisions

1. Any additional or deviating provisions from these terms and conditions may not disadvantage the consumer and must be recorded in writing or in such a way that the consumer can store them on a durable data carrier.
2. International users must ensure that they comply with applicable local laws when using the website outside the Netherlands.

Article 19 – Liability; Indemnification

19.1 Medical Disclaimer: AskMarija does not provide medical advice. The content on the website, including yoga exercises, recipes, and blogs, is intended for informational purposes only and does not replace professional medical advice. For medical concerns, you should consult a physician.
19.2 The entrepreneur accepts no liability for any injuries or damages resulting from the use of exercises, instructional videos, or recipes offered on the website. Use of this information is at your own risk.
19.3 For users under the age of 18, the website is not intended for minors. If parents give permission for minors to use the website, they assume full responsibility.
19.4 International Users: AskMarija’s services are managed and operated from the Netherlands. We make no representations or warranties that the content or materials are appropriate or lawful in any other country. If you use the services from another location, you are responsible for compliance with local laws. You may not download, export, or re-export content in violation of applicable laws or regulations, including Dutch export laws.
19.5 We accept liability for compensation to the extent provided by law, as reflected in this article.
19.6 In the event of an attributable failure to fulfill the agreement, we are only liable for compensatory damages, i.e., compensation for the value of the performance that was not delivered. Any liability on our part for any other form of damage is excluded, including additional damages in any form, compensation for indirect or consequential damages, or damages for lost profits or lost data. Furthermore, we are not liable for any delay damages, damages resulting from the provision of inadequate cooperation, information, or materials by the client, or damages resulting from advice or information provided by us that was not properly followed or that is not expressly part of a written agreement. Liability related to the loss or alteration of the client’s own information and data is expressly excluded. We bear no responsibility related to the introduction of the euro, and any liability in this regard is excluded unless expressly agreed otherwise in writing.
19.7 In the event of a wrongful act on our part, or that of our employees or subordinates for which we are legally liable, we are only liable for compensation for damage resulting in death, bodily injury, or property damage, the latter only to the extent caused by intent or gross negligence.
19.8 Liability on our part for damage resulting from a wrongful act other than as described in 19.3 is expressly excluded.
19.9 A condition for the right to any compensation is that the client must report the damage to us in writing as soon as reasonably possible after it occurs.
19.10 The client indemnifies us against all damages that we may incur as a result of claims from third parties related to the goods or services we have delivered, including but not limited to: – claims from third parties, including employees of the client, who suffer damage as a result of unlawful actions by our employees who have been made available to the client and work under the client’s supervision and instructions; – claims from third parties, including employees of the client, who suffer damage related to the performance of the agreement as a result of the client’s actions or omissions, or unsafe conditions in the client’s business; – claims from third parties who suffer damage as a result of a defect in the goods we delivered, which were used, modified, or resold by the client in conjunction with or alongside the client’s own products, software, or services, unless the client can prove that the defect was not the result of such use, modification, or resale as described above.