TERMS & CONDITIONS
TERMS AND CONDITIONS
Catrine Nomi ApS, CVR no. 43758101
1 Scope
These general terms and conditions (hereinafter referred to as the ”Conditions” apply to all agreements concerning Catrine Nomi ApS, CVR no. 43758101 (hereinafter referred to as the ”Company”), sales and delivery of services for people and companies who want assistance to find direction, overcome barriers and identify and make their way to new goals. This will be in the form of seminars/courses, both physically and online with video and text, individual coaching courses, motivational speeches, lectures, and other related services which are aimed at corporate customers as well as private customers (hereinafter collectively referred to as the "Customer").
2 Contractual Framework
The Contractual Basis
The Conditions, the company's quotations and order confirmations constitute the total contractual basis for the Company's sale and delivery of the service to the Customer (hereinafter referred to as the "Contractual basis"). The Customers' terms printed on orders or otherwise notified to the Company are not part of the Contractual Basis.
2.1 Amendments and Addendums
Amendments of and addendums to the Contractual Basis only apply when agreed by the parties in writing.
2.2 Conflicting Terms and Conditions
If the Company's Customer or business partner has their own terms and conditions, terms of business or similar, these do not apply to any agreements with the Company. In any case, the Company's Conditions apply prior to these.
2.3 Private Consumers
Private Consumers are protected by the rule of law operation which cannot be dispensed with by agreement between the parties for which reason this rule take precedence from these Conditions.
3 Services
3.1 Services
The Company's services, including techniques and methods used by the Company, include e.g. (i) neuroscience/neuroplasticity, (ii) laws and theories on energies, quantum physics and attraction, as well as (iii) meditation, breathing techniques, etc.
3.2 The services provided by the Company to the Customer are described in the order confirmation sent to the Customer in which the Conditions are enclosed. The Company's services are limited to this. See also the Company's website, www.catrinenomi.com, for a more detailed description of the various services.
3.3 The Customer’s Participation
It is a condition of the cooperation that the Customer participates actively during the delivery of the Company’s services, including e.g. during a course.
4 Price and Payment
4.1 Price
The Customer receives a total price for the service, which will appear on the invoice sent in connection with the conclusion of the agreement. The invoice is to be paid in advance unless otherwise agreed.
4.2 The Company reserves the right to adjust the agreed prices for non-delivered services with one month's notice in the event of changes in taxes, charges, or other conditions, including price changes which are beyond the control of the Company.
4.3 Payment
All invoices must be paid net cash no later than 8 days after receipt of the invoice unless the parties have agreed otherwise in writing.
5 Late Payment
5.1 Interests
If a corporate customer fails to pay the invoice in due time for reasons for which the Company is not responsible, the Company is entitled to add interests on the overdue amount of 2% per month from the due date for payment and until payment takes place.
5.2 Termination for Breach
If the Customer fails to pay an invoice for services no later than 14 days after receiving a written demand for payment from the Company, the Company is entitled, in addition to interests according to clauses 5.1-5.2, to 1) cancel the sale of the services to which the delay relates 2) cancel the sale of services that have not yet been delivered to the Customer, or require payment in advance, and/or 3) enforce other rights arising from breach of contract in accordance with applicable law.
6 Quotations, Orders and Order Confirmations
6.1 Quotations
Quotations sent by the Company apply for 30 days or during the period stated in the quotation. The Customer's acceptance of the quotation from the Company after the expiry of the acceptance period is not binding for the Company until (i) the Company has sent an order confirmation and invoice and (ii) the invoice has been paid unless the Company informs the Customer otherwise. When the Customer has paid the invoice, the Company will send an order confirmation and an agreement has thus been concluded.
6.2 Changing an Order
The Customer is not entitled to change a placed order for services without the Company's written acceptance.
6.3 Conflicting Terms
If the Company's order confirmation for services is inconsistent with the Customer's order or the Contractual Basis, and the Customer does not want to accept the inconsistent terms, the Customer must notify the Company in writing no later than 3 working days after receipt of the order confirmation, see clause 7. Otherwise, the Customer is bound by the order confirmation.
7 Cancellation of Orders
7.1 It is important for the Company to plan its services properly. It is therefore important that the number of participants is known. When the Customer has paid the invoice (advance payment), the Customer renounces the right of cancellation, although the Customer has the right to cancel the order if this is done in writing to the Company no later than 30 days before the service in question is initiated.
7.2 If the service in question takes place during a longer period of time, cancellation must take place no later than 30 days after such a process has been initiated.
8 Default Notices
8.1 In the event that the Company fails to perform its obligations, a default notice must be made immediately after the delivery has been completed. Complaints must be so specific that the Company is able to identify the defect. A general statement saying that there are defects is not considered a default notice.
8.2 If the Customer has complained in due time, the Company is entitled to remedy the defect. However, no remedy obligation applies. Defects which are not claimed in due time will not be remedied. If the Company remedies the claimed deficiency, the Customer has no further rights of remedy for breach of contract.
8.3 If the Customer complains about conditions which are not regarded as defects, the Company is entitled to invoice the Customer according to the time spent for reviewing and processing the Customer's complaint.
9 Delivery
9.1 The Company delivers the agreed services at the time stated in the Company's order confirmation or as otherwise agreed, and at the place that has been specifically agreed or as stated on the Company's website.
9.2 In the event of illness or other rightful excuses of the teacher, etc., the Company is entitled to postpone the delivery time up to 30 days without the Customer being entitled to make a claim, including cancellation. The Company will then, together with the Customer, strive to find the best time for the Customer for the postponed delivery.
10 Guarantees
10.1 The Company makes no guarantees for the effect and effectiveness of the services.
11 Liability
11.1 Liability
Each party is liable for its own actions and omissions according to applicable law with the limitations that follow from the Contractual Basis and clauses 10.2-10.4 below. Claims for compensation must be made in writing to the Company immediately after a deficiency or delay has been observed as any rights for the Customer in this connection are otherwise forfeited.
11.2 Limitation of Liability
The Company's liability for damages may in no case exceed the lowest amount of (i) the Company's total remuneration received from the Customer in the twelve (12) months preceding the time of the Company's breach and (ii) DKK 100,000.
11.3 Indirect Loss
The Company is not liable for the Customer's indirect losses, including loss of business or business opportunity, internal time spent on remedying the claimed defects, business interruptions and loss of profit.
11.4 Force Majeure
The Company shall not be liable for non-fulfilment or delay in the fulfilment of the Company's obligations set out in the Conditions if such non-fulfilment or delay is caused by war, riots, civil disturbances, general strikes or unrest in the labour market, fire, flood, natural disasters, epidemics, pandemics, including COVID-19, national or global health crises, currency restrictions, trade embargoes, transportation delays, interruptions or breakdowns in energy supply, compliance with legislation, laws, executive orders, rules, orders or regulations issued by a governmental authority, including quarantine or for any other reason (whether such reason is comparable or not comparable to the examples given herein) that is beyond the Company's reasonable control.
12 Healthcare Disclaimer
12.1 The Company has good experience with the treatment types. However, it is emphasized that the services cannot replace professional health advice, medical treatment, medical operations, etc.
13 Intellectual Property Rights
13.1 Right of Ownership
The Company has and must - solely with respect to the rights of third parties - permanently retain ownership and/or right of use to all of the intellectual property rights in connection with the services, including educational materials and other tangible and intangible assets and know-how which the Company has developed.
13.2 Right of Use
Upon payment of the agreed remuneration, the Customer obtains an indefinite, non-exclusive, non-transferable right of use to utilize the intellectual property rights arising in connection with the Company's services to the Customer within the purposes which are within the Customer's usual business area, or which is specifically agreed between the parties.
13.3 Infringements
The Company is not liable for infringements of third-party intellectual property rights in connection with the provided services unless the infringement is intentional. To the extent that the Company is met with an allegation that the provided services violate intellectual property rights of third parties, the Customer must indemnify the Company unless the violation is intentional.
14 Confidentiality
14.1 Disclosure and Use
The Customer may not disclose or use or enable others to use the Company's business secrets or other information of any kind which is not publicly available.
14.2 Protection
The Customer may not improperly obtain or attempt to obtain knowledge of or access to the Company's confidential information as described in clause 13.1. The Customer must handle and store the information properly to avoid that it will be unintended knowledge of others.
14.3 Duration
The obligations of the parties set out in clause 13 apply during the cooperation and without time limit after the termination of the cooperation regardless of the reason for the termination.
15 Processing of Personal Data
15.1 Processing of the Customer's data must be in accordance with the Company's applicable policies at all times. These may be accessed on the Company's website (www.catrinenomi.com).
16 Other Conditions
16.1 These Conditions may be amended by the Company with 30 days' notice. The Company's updated Conditions may be accessed at any time on the Company's website (www.catrinenomi.com).
17 Applicable Law and Jurisdiction
17.1 The cooperation of the parties is subject to Danish law.
17.2 Any dispute that may arise in connection with the cooperation of the parties must be settled by the ordinary courts. The case must be brought in the first instance at the Company's court of jurisdiction unless otherwise follows from mandatory legislation.
17.3 The general rules on committal and appeal of the Danish Administration of Justice Act apply.
17.4 If you are a private consumer, you may also complain to The Danish Competition and Consumer Authority, Carl Jacobsens Vej 35, DK-2500 Valby. Complaints may also be submitted online at www.forbrug.dk. In certain cases, the right to complain may be conditional on the service you want to complain about costing at least DKK 1,000.
17.5 Private consumers residing in another EU country can also complain via the EU Commission's online complaints platform: http://ec.europa.eu/odr.