Terms & Conditions

These Terms and Conditions apply to every offer, every quotation and every agreement concluded with regard to the services that we offer to professional clients. These Terms and Conditions apply to the exclusion of the general terms and conditions of the Client, unless the parties agree otherwise in writing.

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In addition to these Terms and Conditions, additional conditions may apply to certain services if explicitly stated in the quotation. If there is a conflict between the additional conditions and these Terms and Conditions, the provisions of the additional conditions will in principle apply above the Terms and Conditions, unless otherwise stated.

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It will be recorded in writing which agreements are made, including any additional conditions. By doing so, you agree to our  terms and conditions.

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1.Payment and invoices.
Agreements regarding payments are communicated in advance and confirmed in writing.
After the services have been performed, the invoice will be sent to the customer as soon as possible. The invoice must be paid within 14 days after the invoice date.

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2. Our services.

For the professional/client:
La luna llena has a wide range of services that it offers. It is decided in consultation which services the client wants to use and how this will take place. We undertake to provide the services in a professional manner, with all reasonable skill and care, in accordance with the relevant standards and requirements and in accordance with these Terms and Conditions, the quotation and all applicable laws.

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We will perform the services according to our own insights, but taking into account all reasonable requirements and expectations of the Client.

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For the client who undergoes the treatment:
With regard to the performance of the services for the client who undergoes the treatment, we refer to the general terms and conditions of La luna llena. We assume that this person has read the general terms and conditions and complies with the contra indications and our rules regarding this for their own safety.

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Incompleteness of the information or change in the situation, is the responsibility of the client who ondergoes the treatment, to communicate with La luna llena. The person hereby declares that La luna llena cannot be held liable for any consequences, side effects or after-effects of a treatment that they have received from us.

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3. Obligations of the Client.
The Client is obliged to deliver all materials, if agreed, that are necessary to execute the agreement between us in a timely manner and (possibly) in the form indicated by us. Any delay in the execution of the services due to the failure to deliver these materials in a timely manner is entirely at the expense of the Client.

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Changes to an order accepted by us can only be made in writing and require our express and prior approval.

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4. Termination and cancellation.
The duration of the agreement is determined in the quotation. If no duration is determined, the agreement is concluded for an indefinite period.

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An agreement of indefinite duration can be terminated by us and by the Client, subject to a notice period of 4 weeks, which commences the week following the week in which the written notice was sent.

An agreement of fixed duration cannot be terminated prematurely by the Customer, except upon payment of a termination fee equal to the amount still to be invoiced for the remaining term.

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An agreement for a specific and well-defined assignment for a fixed price can no longer be cancelled by the Client after commencement of the execution, except upon payment of a termination fee equal to the amount still to be invoiced.
Cancellation of an assignment before commencement of the services is possible.

• In the event of cancellation no later than 8 weeks before the start of the assignment, the Client can cancel free of charge.

• In case of cancellation between 8 weeks and 3 weeks before the start of the assignment, the Client will pay 50% of the amount of the quotation.

• Cancellation less than 3 weeks before the start of the services is not possible, except upon payment of 100% of the amount of the quotation as a termination fee.

Any termination or cancellation must be made in writing by e-mail.

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Either party may suspend the performance of its obligations if the other party fails to meet its contractual obligations and does not rectify this situation within a period of 14 calendar days after sending a notice of default by the party that is not at fault. The suspension ends as soon as the defaulting party once again meets its obligations.

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Either party may unilaterally and without prior judicial intervention terminate the agreement by written notice to the other party if the latter seriously fails to meet one of its obligations as set out in the quotation and/or these GTC and (insofar as rectification is possible) this failure is not rectified within 30 calendar days following the written notice. In the event that the agreement is terminated by us and at the expense of the Client, we reserve the right to invoice the Client in full for all services already provided, including any costs incurred.

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After termination of the agreement, regardless of the reason for termination, we will return the documents made available by the Client as soon as reasonably possible or destroy them, depending on the Client's request.

 

5. Prices, invoicing and payment.
The prices for our services are stated in the quotation. Price and other information that may be included on the website or in other commercial communication do not bind us.

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All invoices are payable within 14 days after the invoice date by the Client.

Failure to pay an invoice on the due date automatically and without prior notice of default gives rise to an interest of 1% per month started and an additional compensation of 10% of the invoice, without prejudice to legal and other costs and damages. In the event of (partial) non-payment of even one invoice, all outstanding amounts, even those not yet due, become immediately due and payable.

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Any protests on invoices must be made in writing, within a period of five calendar days after receipt, with reasons for the complaint, failing which they are deemed to have been accepted.

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6. Intellectual Property.
The intellectual property rights to our ideas, concepts, developments, know-how and any other work protected by intellectual property rights belong exclusively to us. The Client will inform us without delay of any infringement by third parties of our intellectual property rights of which he is aware.

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The acceptance and execution of an agreement by us does not imply any transfer of any intellectual property of the Client to us, unless the parties expressly agree otherwise. If the Client makes documents available that are protected by intellectual property rights, we obtain a limited user license to use the documents for the duration of the assignment and within the framework of the execution of the agreement.

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7. Liability and insurance.
In the event of defects in the assignment carried out by us, the Client must inform us of this within 5 calendar days after discovering it and at the latest within 10 calendar days after termination of the agreement. In that case, we reserve the right to decide at our own discretion to either correct the errors free of charge, to perform the service again or to credit a certain amount on the invoice that is in accordance with the seriousness of the defect.

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We are not liable for any direct or indirect damage for which we have not expressly determined our liability in these Terms and Conditions.

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La luna llena always has the right to refuse clients and to interrupt treatments without giving reasons.

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8. Confidentiality and Privacy.
For the professional/client:
We undertake not to disclose or in any way disclose to third parties any information, working methods and procedures, price and client lists, as well as any details of the Client's business that we have become aware of, either during the term of the Agreement or afterwards.

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The obligations arising from this confidentiality clause shall no longer apply if the confidential information has become public without our intervention or if the Client has given his consent to release or if release is required by any applicable legislation or regulatory or government authority.

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At the end of the Agreement, the Client may request the return or removal of the documents and data that came into our possession during the performance of his work.

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For the client who undergoes the treatment:
All personal and medical data provided are completely confidential. They will not be shared with third parties without permission. All personal information that the client who undergoes the treatment, will tell me during the treatment is also confidential. The medical data requested is strictly necessary to perform the treatments safely. General personal data is only used for the correct administrative handling of the treatment.

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9. Non-exclusivity.
The Client acknowledges and accepts that we are in no way bound by any exclusivity during the performance of the services. We are permitted to accept orders from other clients during and after the term of the agreement, insofar as this would not affect the loyal and correct performance of the agreement with the Client and provided that the provisions of article 8 of these GTC are observed.

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During the term of the agreement, the Client may, at its own discretion, call upon other service providers who provide similar services to us, insofar as this does not hinder the loyal and correct performance of the agreement with us.

 

10. Other provisions.
These Terms and Conditions, together with the quotation, constitute the entire agreement between the Client and us, with regard to the subject matter contained therein.

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If one or more provisions of these Terms and Conditions at any time are wholly or partially unlawful, void or for any other reason unenforceable, then this clause will be deemed to be separable from these Terms and Conditions and will not affect the validity and enforceability of the remaining provisions.

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La luna llena reserves the right to amend the general terms and conditions.​