General Terms and Conditions SSW
Identity of the Entrepreneur
:Marjan (Ma)
Living Human Being from the families Althuizen and Scheepers
Marjan Althuizen (MA)
The living human being :Marjan is NOT the natural person Marjan Althuizen. The natural person MA is a fictitious entity that is fully owned by the human :Marjan through all time and space.
Ma is the complete representative, owner, and responsible party for (all the work of) the fictitious natural person/entrepreneur ‘Marjan Althuizen,’ who is also registered with the Chamber of Commerce under number 66667089.
SoulStayWay (SSW)
:Marjan is the full representative, owner of, and responsible party for (all the work of) the daughter organization of Marjan Althuizen: SoulStayWay.
:Marjan works as a human being and not as a natural person. :Marjan has activated the natural person, entrepreneur MA, and the daughter organization SSW to function as her temporary intermediary, as a fictitious entity, to temporarily hold money or services for her and to make them available to their full owner and authority: :Marjan when possible.
The natural person/entrepreneur MA and the organization SSW do not work, do not create products, do not generate money, and are not automatically in contact or contract with you. The entity you are always interacting with is the living human being :Marjan.
Only in exceptional or explicit cases can the fictitious natural person MA (representing entrepreneur MA or the organization SSW) enter into a contract with another fictitious natural person (representing another entrepreneur or organization) under the authority of a living human being, with permission from the living human being Ma.
Email: info@soulstayway.com
Website: www.soulstayway.com
Terms and Conditions
Welcome to www.soulstayway.com. The www.soulstayway.com website (the “Site”) consists of various web pages operated by :Marjan (Ma) and includes Marjan Althuizen (MA) and SoulStayWay (SSW).
The agreement between the user and www.soulstayway.com / MA / SSW is always between the user and Ma, unless explicitly stated otherwise. By using www.soulstayway.com, you agree to these Terms and Conditions. Please read them carefully and keep a copy for your reference.
Definitions
- www.soulstayway.com is an e-commerce website.
- User: A human being or natural person who purchases products or services on the site (this natural person or human being may also purchase on behalf of a legal entity, company, or organization).
- SoulStayWay, www.soulstayway.com (SSW), Marjan Althuizen (MA and SSW are owned by Ma).
- Customer: The party with whom Ma (or, underneath that, MA or SSW) has entered into an agreement. The customer is always a human being or natural person (who may represent a legal entity, company, or organization). The customer can choose which identity they take on—human being or natural person—for the agreement.
- Parties: Ma (and underneath that MA/SSW) and the customer together.
- Consumer: A customer who is an individual acting for private, professional, or business purposes.
The purpose of SoulStayWay is to help humanity lovingly awaken divine energy in humans, oneself, society, the world, and organizations. This is done by providing and selling (professional) meditations, training, retreats, art, music, body oil, and other supporting items, all related to love and spiritual awakening.
Applicability
These Terms and Conditions apply to all quotations, offers, activities, orders, agreements, and deliveries of services or products by or on behalf of Ma (and MA/SSW).
Parties can only deviate from these conditions if they have explicitly agreed in writing.
The applicability of supplementary and/or deviating general terms and conditions of the customer or third parties is explicitly excluded.
Offers and Quotations
- Offers and quotations from Ma (and MA/SSW) are non-binding unless explicitly stated otherwise.
- An offer or quotation is valid for a maximum period of 2 weeks from its date unless a different acceptance period is stated.
- If the customer does not accept an offer or quotation within the applicable time frame, the offer or quotation expires.
- Offers and quotations do not apply to repeated orders unless the parties have explicitly agreed otherwise in writing.
Acceptance
- Upon acceptance of a quotation or offer without obligation, Ma (or MA/SSW) reserves the right to withdraw the quotation or offer within 3 days after receipt of acceptance, without any obligations towards the customer.
- A verbal acceptance by the customer only commits Ma (or MA/SSW) after the customer has confirmed it in writing (or electronically).
Prices
- All prices used by Ma (or MA/SSW) are in Euros, exclusive of VAT, and exclusive of any additional costs such as administration fees, levies, and travel, shipping, or transport expenses, unless expressly stated otherwise or agreed upon.
- Ma (or MA/SSW) is entitled to adjust prices for its products or services at any time.
- The parties agree on a total price for a service provided by Ma (or MA/SSW). This is always a target price unless explicitly agreed in writing as a fixed price.
- Ma (or MA/SSW) is entitled to deviate up to 10% from the target price.
- If the target price exceeds 10%, Ma (or MA/SSW) must inform the customer in due time as to why a higher price is justified.
- If the target price exceeds 10%, the customer has the right to cancel the part of the order that exceeds the target price by 10%.
- Ma (or MA/SSW) has the right to adjust prices annually and will communicate price changes to the customer before they take effect.
- The customer has the right to terminate the contract with Ma (or MA/SSW) if they disagree with the price increase.
Payments and Payment Terms
- Products are paid for immediately in the (online) store, during a meeting, on the website, after an agreement, during a training session, live event, or similar occasion.
- Ma (or MA/SSW) may require a down payment of up to 50% of the agreed amount at the conclusion of the agreement.
- The customer must pay the full amount before the delivery of the product or service.
- Payment terms are considered final deadlines. This means that if the customer does not pay by the last day of the payment term, they are legally in default, without Ma (or MA/SSW) having to send a reminder or a notice of default.
- Ma (or MA/SSW) reserves the right to make delivery conditional on immediate payment or require sufficient security for the full amount of services or products.
- The customer must pay invoices from Ma (or MA/SSW) within 7 days unless otherwise agreed or if the invoice specifies a different payment term.
Consequences of Late Payment
- If the customer does not pay within the agreed term, Ma (or MA/SSW) is entitled to charge interest of 2% per month for non-commercial transactions and 8% per month for commercial transactions from the day the customer is in default. A part of a month is counted as a full month.
- When the customer is in default, they are also liable for extrajudicial collection costs and may be required to compensate Ma (or MA/SSW) for any damages.
- Collection costs are calculated based on the Compensation for Extrajudicial Collection Costs Act.
- If the customer does not pay on time, Ma (or MA/SSW) may suspend its obligations until the payment obligation is fulfilled.
- In the event of liquidation, bankruptcy, attachment, or suspension of payment by the customer, Ma (or MA/SSW)’s claims on the customer become immediately due and payable.
- If the customer refuses to cooperate in executing the agreement with Ma (or MA/SSW), they are still obliged to pay the agreed price.
Right of Recovery of Goods, Products, and Services
- As soon as the customer is in default, Ma (or MA/SSW) is entitled to invoke the right of recovery for unpaid goods, products, or services delivered to the customer.
- Ma (or MA/SSW) invokes the right of recovery by means of a written or electronic notification.
- As soon as the customer has been informed of the claimed right of recovery, they must immediately return the products, goods, or services to Ma (or MA/SSW), unless the parties agree otherwise.
- The costs of collection or return of the products, services, or goods are at the customer’s expense.
Right of Withdrawal, Cancel & Pause
A consumer may cancel an online purchase within a 7-day cooling-off period without giving any reason, provided that:
- The physical product has not been used.
- The product is not perishable (e.g., food, oil, flowers).
- The product is not customized or made specifically for the consumer.
- The product is not a hygienic product (e.g., personal care items, intimate products such as yoni eggs, glass wands, swimwear, underwear).
- The seal is still intact if the product is a data carrier with digital content (e.g., DVDs, CDs, USB drives).
- The service does not involve accommodation, travel, restaurant services, transport, catering, or other leisure activities.
- The purchase does not involve a single issue of a magazine or newspaper.
- The purchase does not involve an urgent repair or maintenance request.
- The service has not been fully performed with the consumer’s prior consent within the 7-day withdrawal period, where the consumer waived their right of withdrawal.
The 7-day cooling-off period starts:
- The day after the consumer receives the final product in an order.
- When the consumer receives the first product in a subscription.
- When the consumer purchases a service for the first time.
- When the consumer confirms the purchase of digital content, training, or membership via the internet.
Cancel or Pause the Shift
Program “The Shift” can be paused for two months once every 6 months upon request. This must be done with one month notice period by sending and email to info@soulstayway.com. When customer wants to cancel this program as a monthly payment: consumer also has one month notice period and has to send an email to info@soulstayway.com.
To exercise the right of withdrawal, the consumer can notify Ma (or MA/SSW) via info@soulstayway.com. If preferred, they may use a withdrawal form available on www.soulstayway.com.
The consumer must return the product to Ma (or MA/SSW) within 7 days after notifying the withdrawal, after which their right of withdrawal expires.
Reimbursement of Delivery and Return Costs
- If reimbursement of purchase costs is legally required, Ma (or MA/SSW) will refund the costs within 7 days of receiving the withdrawal request, provided the consumer has returned the product in time.
- Return shipping costs are only refunded by Ma (or MA/SSW) if the entire order is returned.
- If the consumer invokes their right of withdrawal and returns the entire order within the required period, they are responsible for the return costs.
Suspension of Obligations by the Customer
- The customer waives their right to suspend the fulfillment of any obligation arising from this agreement.
Right of Retention
- Ma (or MA/SSW) can invoke their right of retention and keep the products sold to the customer until the customer has fully paid all outstanding invoices related to Ma (or MA/SSW), unless the customer provides sufficient security for these payments.
- The right of retention also applies based on previous agreements where the customer still owes payment to Ma (or MA/SSW).
- Ma (or MA/SSW) is never liable for any damages the customer may suffer as a result of exercising the right of retention.
Settlement
- The customer waives their right to offset any debt to Ma (or MA/SSW) with any claim against Ma (or MA/SSW).
Retention of Title
- Ma (or MA/SSW) remains the owner of all delivered products until the customer has fully complied with all their payment obligations under any agreement with Ma (or MA/SSW).
- Until the property is transferred to the customer, they may not pledge, sell, dispose of, or otherwise encumber the products.
- If Ma (or MA/SSW) invokes retention of title, the agreement is considered dissolved, and Ma (or MA/SSW) has the right to claim compensation, lost profits, and interest.
Delivery
- Delivery takes place while stocks last.
- Unless agreed otherwise, delivery is carried out by Ma (or MA/SSW).
- Products ordered online will be delivered to the address specified by the customer.
- If the agreed price is not paid on time, Ma (or MA/SSW) has the right to suspend its obligations until the full payment is received.
- In case of late payment, the customer cannot object to delayed delivery by Ma (or MA/SSW).
Delivery Period
- Any delivery period specified by Ma (or MA/SSW) is indicative and does not entitle the customer to cancellation or compensation if the deadline is not met—unless explicitly agreed otherwise in writing.
- The delivery period starts after the customer has signed or confirmed the agreement with Ma (or MA/SSW), which must be acknowledged in writing or electronically.
- If Ma (or MA/SSW) exceeds the agreed delivery period by more than 14 days, the customer has the right to terminate the agreement.
Transport Costs
- Transport costs are covered by the customer unless agreed otherwise.
Packaging and Shipping
- If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the delivery person before accepting the product. Without this, Ma (or MA/SSW) cannot be held liable for any damage.
- If the customer arranges their own transportation, they must report any visible damage to the product or packaging before transportation begins. Failure to do so means Ma (or MA/SSW) is not liable for any damage.
You’re very welcome! 😊 Here is the continuation of the document:
Insurance
- The customer agrees to adequately insure and maintain insurance coverage for the following items against fire, explosion, water damage, and theft:
- Goods delivered that are necessary for the execution of the agreement.
- Goods that are the property of Ma (or MA/SSW) but are present at the customer’s location.
- Goods delivered under retention of title.
- Upon request, the customer must provide Ma (or MA/SSW) with proof of insurance.
Storage
- If the customer orders products but delays the agreed delivery date, they assume full risk of any quality loss.
- Any additional costs resulting from premature or delayed acceptance of products will be borne entirely by the customer.
Guarantee and Liability
- If the agreement includes services, these only constitute a best-effort obligation by Ma (or MA/SSW), not a guarantee of results.
- The guarantee on products only covers defects caused by faulty manufacturing, construction, or materials.
- The guarantee does not apply in the case of:
- Normal wear and tear.
- Damage caused by accidents, misuse, negligence, or improper handling.
- Alterations made by the customer or third parties.
- Defects resulting from external circumstances beyond Ma (or MA/SSW)’s control.
- The risk of loss, damage, or theft of products covered by an agreement transfers to the customer once the product has been delivered, either legally or physically, to the customer or a third party acting on their behalf.
Execution of the Agreement
- Ma (or MA/SSW) will execute the agreement to the best of its knowledge, ability, and in accordance with the principles of good workmanship.
- Ma (or MA/SSW) reserves the right to partially or fully subcontract the agreed services to third parties.
- The execution of the agreement is carried out in mutual consultation, following written agreement and payment of any applicable deposit by the customer.
- It is the customer’s responsibility to ensure that Ma (or MA/SSW) can begin executing the agreement on time. Any additional costs resulting from delays will be charged to the customer.
Customer’s Duty to Provide Information
- The customer must provide Ma (or MA/SSW) with all necessary information, data, and documents required for the correct execution of the agreement, in a timely manner and proper format.
Privacy
- The use of www.soulstayway.com is subject to Ma (or MA/SSW)’s Privacy Policy.
- Please review the Privacy Policy, which governs the Site and informs users of how data is collected and processed.
Electronic Communications
- By visiting www.soulstayway.com or sending emails to Ma (or MA/SSW), you consent to electronic communications.
- You agree that all agreements, notices, disclosures, and other communications provided to you electronically—via email or the Site—satisfy any legal requirement that such communications be in writing.
User Account Responsibility
- If you use this Site, you are responsible for maintaining the confidentiality of your account and password, as well as restricting access to your computer.
- You agree to take full responsibility for all activities that occur under your account or password.
- You may not transfer your account to another person or entity.
- Ma (or MA/SSW) reserves the right to refuse or cancel service, terminate accounts, or remove/edit content at its discretion.
Children Under Thirteen
- Ma (or MA/SSW) does not knowingly collect personal information from individuals under the age of thirteen.
- If you are under 18, you may only use www.soulstayway.com with parental or guardian permission.
Third-Party Websites and Services
- www.soulstayway.com may contain links to third-party websites (“Linked Sites”).
- These Linked Sites are not controlled by Ma (or MA/SSW), and Ma (or MA/SSW) is not responsible for their content, links, or updates.
- The inclusion of any link does not imply endorsement by Ma (or MA/SSW).
- Certain services provided via www.soulstayway.com originate from third-party sites and organizations.
- By using any service, product, or function from the www.soulstayway.com domain, you consent that Ma (or MA/SSW) may share necessary information with third parties providing the requested service on behalf of users.
Intellectual Property & Prohibited Use
- You are granted a non-exclusive, non-transferable, revocable license to access and use www.soulstayway.com strictly in accordance with these terms.
- You agree not to:
- Use the Site for unlawful purposes.
- Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works, transfer, or sell any content.
- Engage in data mining, scraping, or any similar data gathering methods.
- All content on the Site—including text, graphics, logos, images, and software—is the property of Ma (or MA/SSW) or its suppliers and is protected by copyright and intellectual property laws.
- Using the Site does not grant you ownership rights to any content.
International Users
- Ma (or MA/SSW) operates from the Netherlands. If you access the Site from outside the Netherlands, you are responsible for complying with local laws.
- You agree that you will not use any content from www.soulstayway.com in a manner that violates applicable laws or regulations in your country.
Indemnification
- You agree to indemnify, defend, and hold harmless Ma (or MA/SSW), its officers, directors, employees, agents, and third parties from any:
- Losses, costs, liabilities, and expenses (including legal fees) arising from your use of the Site, your violation of these Terms, or your infringement on third-party rights.
- Ma (or MA/SSW) reserves the right to assume exclusive legal defense at its own cost, in which case you must fully cooperate.
Dispute Resolution & Arbitration
- If a dispute arises that cannot be resolved amicably, it shall be settled exclusively by arbitration in accordance with the Dutch Arbitration Act (2015).
- Arbitration will be conducted by a single neutral arbitrator and administered by the Dutch Arbitration Association or a similar service.
- The arbitration decision will be final, and judgment may be entered in a court of law.
Class Action Waiver
- All arbitration will be individual; class arbitrations and collective lawsuits are not permitted.
- You agree that any legal claims must be brought solely in your individual capacity, not as a plaintiff or class member in any class, collective, or representative proceeding.
Changes to Terms
- Ma (or MA/SSW) reserves the right to modify these Terms at any time.
- The most recent version of the Terms will supersede all previous versions.
Contact Information
Ma (or MA/SSW) welcomes your questions or comments regarding these Terms:
📍 Address: Mr. Rietkerlaan 37, 5707KM Helmond, Netherlands
📧 Email: info(at)soulstayway.com
📞 Phone: +31 (0)636299719