Terms & conditions

Modern Magic Education Workshops, courses and personal guidance in the field of magic, spiritual development and energy work. Below you find the General Conditions. These are always applicable when you make use of the services of Modern Magic Education.

Last modified on: 16 October 2021

1. Definitions

1.1. General Terms and Conditions: The present General Terms and Conditions.

1.2. Modern Magic Education, located at Nicolaas Sopingiusstraat 7, 3553 TK Utrecht and registered with the Chamber of Commerce under number 83865675, can also be found at https://www.modernmagiceducation.com.

1.3. Consumer: the Client who is not acting in the course of a profession or business.

1.4. Service(s): services as described in the Agreement.

1.5. Products: all products as described in the Agreement.

1.6. Intellectual Property Rights: rights (of intellectual property) including but not limited to copyrights (including of course the copyright on software), database rights, domain names, trade name rights, trademark rights, design rights, neighbouring rights, patent rights, as well as rights to know-how.

1.7. Offer: a written offer by Modern Magic Education.

1.8. Principal: the natural person who has entered into an Agreement with Modern Magic Education.

1.9. Completion: takes place after approval by Customer, after commissioning by Customer or by notification of Customer, after which no reaction by Customer is received within 7 days after notification.

1.10. Agreement: The agreement between Parties by virtue of which Modern Magic Education provides its Services to Principal and of which the General Terms and Conditions form an inseparable part.

1.11. Party/parties: Modern Magic Education and Principal together or separately.

1.12. Confidential Information: non-public information relating to a Party and information which a Party indicates is confidential or which, by its nature or under the circumstances of its disclosure, should be treated as such.

1.13. Employee: The person who is employed by one of the Parties, or who performs work for the Party concerned on a commission basis.

2. Applicability and interpretation

2.1. The General Terms and Conditions are applicable to and form part of every (legal) act relating to the preparation, realisation or execution of the Agreement. The General Terms and Conditions shall also apply to all subsequent Agreements between the Client and Modern Magic Education, if the Client has accepted their validity in previous Agreements with Modern Magic Education.

2.2. The applicability of any purchase or other conditions of the Client is expressly excluded.

2.3. Provisions or conditions stipulated by the Client that deviate from, or do not appear in, the General Terms and Conditions shall only apply to the Agreement insofar as Parties agree to this in writing.

2.4. If, in addition to these General Terms and Conditions, specific product, action or service conditions apply, those conditions shall also apply, but the Consumer may always rely on the applicable provision that is most favourable to him in case of conflicting conditions.

3. Conclusion of the Agreement

3.1. All offers and other quotations by Modern Magic Education are without obligation and valid for a period of 14 days.

3.2 The Agreement is established at the moment the Client accepts the offer of Modern Magic Education and meets the conditions thereby set by Modern Magic Education. If the Client has accepted the offer electronically, Modern Magic Education shall promptly confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the Consumer has the possibility to dissolve the Agreement.

3.3 An offer is in any case assumed to be accepted, if the Agreement is executed without contradiction. The offer can be accepted both orally and in writing.

4. Execution of the Agreement

4.1. Modern Magic Education shall commence execution after the Agreement has been concluded, at the date or time agreed in the Agreement. If no date of fulfilment has been agreed upon, Modern Magic Education shall commence implementation of the Agreement immediately.

4.2. If delivery cannot be made within the agreed period, Modern Magic Education shall inform the Principal. The consumer is given the opportunity to dissolve the agreement free of charge.

4.3. Customer acknowledges that it has no power of instruction regarding the Services to be provided by Modern Magic Education for the execution of the Agreement.

4.4. The Client is obliged to do and leave all that is reasonably necessary and desirable to ensure a timely and proper execution of the assignment. In particular, the Client shall ensure that all information, which Modern Magic Education indicates to be necessary or which the Client should reasonably understand to be necessary for the execution of the assignment, shall be provided in a timely manner to Modern Magic Education.

4.5. If and insofar required for proper implementation of the Agreement, Modern Magic Education is entitled to involve third parties in the implementation of the Agreement. The General Terms and Conditions are also applicable to the work carried out by third parties within the framework of the Agreement. These third parties are not authorised to represent you.

4.6. Modern Magic Education is not obliged to have work performed by third parties designated by Principal. Principal is liable for goods for the execution of the Agreement that are prescribed by or on behalf of Principal, or are or would be supplied by a supplier designated by Principal, as well as for the non-delivery or late delivery thereof.

5. Duration and termination of the Agreement

5.1. The duration of the Agreement will be laid down in the Agreement. If no term is included, the Agreement is entered into for the term necessary to provide the Services.

5.2. The Consumer may terminate the Agreement at all times with a one-month notice period. If a term of up to one year is involved, this possibility only exists after the end of the term of the Agreement.

5.3. Modern Magic Education may suspend or terminate the Agreement at any time if:

  • Client has been declared bankrupt;
  • Client has been granted a suspension of payment;

5.4. Obligations which, by their nature, are intended to continue after the end of the Agreement, shall remain in full force and effect after the end of the Agreement and shall apply to the Client and its legal successors.

6. Price and payment

6.1. The Client shall pay Modern Magic Education the amount stated in the Agreement. All prices stated by Modern Magic Education are in euros. In some cases a down payment is required. The amount to be paid is included in the Agreement.

6.2. All prices quoted by Modern Magic Education include turnover tax (VAT) and other government levies, unless otherwise stated.

6.3. A payment term of 14 days applies to each invoice.

6.4. If a price is based on information provided by the Client and this information proves to be incorrect, Modern Magic Education is entitled to adjust the price, even after the Agreement has been concluded. After this adjustment, the consumer has the right to terminate the agreement.

6.5. If the Principal does not meet his payment obligation(s) in time, Modern Magic Education shall notify him of the late payment. After notification of late payment Modern Magic Education shall grant the Principal a period of 14 days to fulfil his payment obligations.

6.6. In the event of late payment, the Client shall, in addition to the amount owed and the statutory interest thereon, be obliged to pay in full both extrajudicial and judicial collection costs, including the costs of lawyers, lawyers, bailiffs and collection agencies.

6.7. Modern Magic Education may, within legal limits, inform itself whether the Principal can meet its payment obligations, but also of all facts and factors that are important for a responsible conclusion of the Agreement. If, based on this investigation, Modern Magic Education has good grounds for not entering into the Agreement, it is entitled to refuse an order or request while providing reasons, or to attach special conditions to the execution, such as advance payment.

7. Obligations of the Client

7.1. Principal ensures that all (technical) information, decisions and data that he deems necessary for the execution of the Agreement are provided to Modern Magic Education in a timely manner. Principal is responsible for the correctness and completeness thereof. This also includes, but is not limited to, complying with permit applications and other legal requirements.

8. Additional work

8.1. All changes in the execution of the Agreement, either at the request of the Client or as a result of the fact that, due to whatever circumstances, a different execution is necessary, shall be considered as additional work if they involve extra costs. The additional work is subject to these General Terms and Conditions.

8.2. If additional work has been performed at the request or with the consent of Principal, the additional work will be reimbursed by Principal. Modern Magic Education may refuse to comply with such a request or enter into negotiations.

8.3. Customer accepts that additional work may cause a delay in the Delivery of Services, even if a time of Delivery has been agreed. Customer is not entitled to compensation for that delay.

8.4. If (the demand for) additional work arises during the performance of the Agreement, this does not create any grounds for cancellation or dissolution of the Agreement for the Client.

8.5. Cost-increasing circumstances that are not the fault of Modern Magic Education shall be charged as additional work. Modern Magic Education shall inform the Principal as soon as possible. In such a case Customer has the possibility to terminate the Agreement.

9. Delivery and delivery time

9.1. Terms of delivery mentioned by Modern Magic Education are indicative and are not to be regarded as a deadline, unless the Parties have agreed to this in writing.

9.2. Modern Magic Education reserves the right, if possible, to have the required goods and equipment delivered to Principal. The ready-made equipment and goods can be stored at the expense and risk of the Principal.

9.3. Modern Magic Education shall remain the owner of all Products until the Principal has met all his payment obligations towards Modern Magic Education, including any amounts due to a shortcoming.

10. Warranty

10.1. Modern Magic Education guarantees that delivered Services and (resulting) Products or results meet the Agreement, the specifications mentioned in the offer, the reasonable requirements of reliability and/or usability and the on the date of the establishment of the Agreement existing legal provisions and/or government regulations.

10.2. Principal can claim this guarantee if the defect is noticed within 3 months after Delivery and immediately after discovery the complaint is reported and the complaint is deemed founded by Modern Magic Education. Modern Magic Education will provide an appropriate solution in the form of repair or compensation of up to the amount paid by the Principal for the relevant part of the Agreement.

10.3. A guarantee provided by Modern Magic Education, manufacturer or importer does not affect the legal rights and claims that Principal has under the Agreement.

10.4. The guarantee lapses if it appears that the Principal has not followed the advice of Modern Magic Education, or has not complied with the instructions for use.

11. Intellectual Property Rights

11.1. The Intellectual Property Rights, including all images, drawings, (technical) descriptions and advice provided by Modern Magic Education to the Client, are vested in Modern Magic Education.

11.2. Principal shall not perform acts that may infringe the Intellectual Property Rights of Modern Magic Education and/or its licensors, including but not limited to making public and/or reproducing without permission all or part of what is referred to in the previous paragraph. Principal acknowledges and accepts that any unauthorised use or action violates the Agreement and applicable laws.

12. Confidentiality

12.1. Parties will treat information which they provide to each other before, during or after the execution of the Agreement confidentially if this information can reasonably be considered confidential, or if it has been explicitly designated as such by one of the Parties. Parties shall also impose this obligation on their Employees as well as on third parties engaged by them for the execution of the Agreement.

12.2. he obligation to maintain confidentiality shall continue even after termination of the Agreement for whatever reason, for as long as the providing party can reasonably claim the confidential nature of the information.

13. Modification of General Terms and Conditions

13.1. Modern Magic Education reserves the right to modify or supplement these General Terms and Conditions. Amendments also apply to Agreements already entered into with due observance of a period of 30 days after notification of the amendment.

13.2. Changes are announced via https://www.modernmagiceducation.com, by e-mail to Principal, or another channel for which Modern Magic Education can prove that the announcement was sent to Principal. Non-substantive changes of minor importance can be made at any time and do not require notification.

13.3. If a Consumer does not wish to accept a change, the Consumer has to communicate this to Modern Magic Education within 30 days after the announcement. Modern Magic Education may then reconsider the amendment. If Modern Magic Education does not withdraw the amendment, the Consumer may terminate the Agreement by this date until the new conditions become effective.

14. Final provisions

14.1. The Agreement is governed by Dutch law.

14.2. Insofar as rules of mandatory law do not prescribe otherwise, all disputes that may arise from the Agreement shall be submitted to the competent Dutch court in the district where Modern Magic Education is located.

14.3. In these General Terms and Conditions, "in writing" also includes communication by e-mail, provided that the identity of the sender and the integrity of the e-mail is sufficiently established.

14.4. If any provision in the Agreement or General Conditions proves to be invalid, this will not affect the validity of the entire Agreement or General Conditions. The parties shall in that case lay down (a) new provision(s) by way of replacement, which will give shape to the intention of the original provision to the greatest extent possible under the law.

14.5. Modern Magic Education is entitled to transfer its rights and obligations arising from the Agreement to a third party that takes over Modern Magic Education or the business activities of Modern Magic Education.

Name: Modern Magic Education
Address:Nicolaas Sopingiusstraat 7, 3553 TK Utrecht
E-mail address: info@modernmagiceducation.com
Telnr.: +31630340961