1. General
These general terms and conditions apply to all legal relationships between Star Remedies B.V. and participants, hereinafter referred to as “participant”. Participant means both the private consumer and the professional healthcare provider or therapist taking a training course, module or course at Star Remedies B.V. Deviations from these terms and conditions are only valid if confirmed in writing by Star Remedies B.V..
2. Application
2.1 These terms and conditions apply to all work and agreements relating to training, course or modules carried out by Star Remedies B.V. on behalf of participant.
2.2 Any purchase or other terms and conditions of the participant do not apply unless they have been accepted by Star Remedies B.V. in writing.
2.3 In case one or more provisions of these general terms and conditions are declared void, the agreement and these general terms and conditions, with the exception of the void/annulled provisions, shall remain in full force and effect.
3. Offer and acceptance
3.1 An agreement comes into effect after Star Remedies B.V. has confirmed the registration in writing or digitally. Star Remedies B.V. can suspend participation until the fees due have been paid in full.
3.2 All agreements are based on information available to Star Remedies B.V. at the time they are issued.
3.3 If any changes occur with regard to the circumstances on which Star Remedies B.V. relied when issuing the aforementioned education, course or module or any agreement whatsoever, Star Remedies B.V. has the right to take these changes into account in the execution of the agreement or to adjust the prices.
4. Implementation of module / course / training
4.1 Star Remedies B.V. will carry out the training, module and/or course to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
4.2 A training course, module or course is conducted under the name and responsibility of Star Remedies B.V.
4.3 Changes to an original assignment due to the participant's actions may affect the agreed time schedule and the costs of execution. Additional costs resulting from changes to the original assignment by the participant will be borne by the participant. Star Remedies B.V. will, as far as this is within its power, provide a statement of the additional costs prior to the work.
4.4 Star Remedies B.V. has a public complaints procedure, which forms an integral part of these general terms and conditions and can be accessed at any time via www.cint.nl/klachtenregeling. Upon request, these regulations will be provided in writing free of charge. A complaint is always handled confidentially by the management and/or designated employee(s), with due regard for the privacy of the participant and others involved. If a complaint concerns a person within Star Remedies B.V., this person will not be involved in the handling of the complaint. Complaints will be dealt with within thirty (30) days. If this deadline is not feasible, the participant will receive a written explanation with the reason for postponement and the expected date of decision within the same period. All complaints and the manner of resolution will be recorded and kept for at least two (2) years. If the participant is not satisfied with the handling, an appeal may be lodged within fourteen (14) days of receipt of the decision with an independent third party, namely Mr L.G.R.M. van der Meulen, who will make an objective and binding assessment of the complaint. Both Star Remedies B.V. and the participant unconditionally commit to the judgement of this independent third party. Star Remedies B.V. will implement the outcome without delay and in full.
4.5 Modules cannot be taken separately and must be taken as a whole unless expressly stated otherwise in writing.
5. Cooperation participant
5.1 Participant must provide full and timely cooperation in the execution of the agreement concluded with Star Remedies B.V. and training/ module and course offered.
5.2 Participant will always provide Star Remedies B.V. with all useful and necessary information in a timely manner and will guarantee the accuracy of this information. If the participant fails to comply with this information obligation, all resulting consequences will be borne by the participant.
5.3 Deployment of participant for the purpose of the assignment will always be timely.
5.4 Star Remedies B.V. is free to use an equally qualified teacher.
6. Warranty
In executing the agreement, Star Remedies B.V. will exercise the greatest possible care and perform the work according to the professional and educational standards that may be expected of a recognised training institute. Star Remedies B.V. has a best-efforts obligation and no obligation to achieve a result. No guarantee is given that the participant will pass the examination, certificate or diploma, nor that participation will lead to a certain result or professional qualification. The training and its content are not intended as medical treatment or diagnosis. Participants remain at all times responsible for referring to or consulting a doctor or other (BIG-registered) healthcare provider where necessary. Any shortcomings in performance will be remedied by Star Remedies B.V. as soon as possible.
7. Intellectual property
7.1 Unless expressly agreed otherwise in writing, Star Remedies B.V. holds and retains the copyrights as well as all other intellectual property rights to the training designs, publications, models, methods and other information it provides. These documents remain its/their property and may not be copied, shown to third parties or used or applied in any other way without explicit written permission, regardless of whether the participant has been charged for them.
7.2 The participant is not free, regardless of participation or not, to offer or (have offered) similar training/course/modules whether or not with reference to, according to or in accordance with the (parts of the) method of Dietmar Krämer whether or not for payment and/or free of charge.
7.3 The full copyright and intellectual property of all training materials, course books, syllabi, models, methods, texts, recordings and other information provided rests with Madeleine Meuwessen and Micha Meuwessen (hereinafter: the rightful claimants). Star Remedies B.V. holds the exclusive, non-transferable right to use, reproduce and distribute these materials within the framework of its training and education activities. Participants only obtain a limited, personal right of use for their own study and practice purposes. The participant is expressly prohibited from copying, reproducing, distributing, publishing, passing on to third parties or in any way commercially exploiting the materials in whole or in part, irrespective of the medium or format used, without prior written permission from the rights holders or Star Remedies B.V. All materials issued or provided digitally remain the property of the rights holders. The participant undertakes to return or delete all course materials received upon termination of the course or upon written request by Star Remedies B.V.. Violation of this article gives the rightful claimants and Star Remedies B.V. the right to recover from the participant the actual damages and consequential damages suffered, without prejudice to the right to additional legal measures.
7.4 Without prejudice to the other provisions of these general terms and conditions, the user (Star Remedies B.V.) reserves the rights and powers to which the user is entitled under the Copyright Act. The participant is not permitted to make changes to the goods, unless it follows from the nature of the delivered goods or has been agreed otherwise in writing.
7.5 Any course materials [training designs, publications, models, methods and other information provided] and/or (electronic) files created by the user (Star Remedies B.V.) within the framework of the agreement will remain the property of the user (Star Remedies B.V.), regardless of whether they have been made available to the participant or to third parties, unless otherwise agreed.
7.6 All course materials provided by the user, such as [training designs, publications, models, methods and other information provided] and/or (electronic) files, etc., are exclusively intended to be used by the participant in the exercise of his/her practice. They may not be reproduced, made public or brought to the notice of third parties by him without the prior permission of user (Star Remedies B.V.), unless the nature of the documents provided dictates otherwise.
7.7 If the participant discontinues his practice, he must return to the user (Star Remedies B.V.) all course material owned by the user (Star Remedies B.V.) that he has in his possession, such as (including but not limited to) [training designs, publications, models, methods and other information provided] within seven days.
7.8 In the absence of specific, explicit written agreements with regard to the marketing of jointly developed products, the participant is obliged to return to Star Remedies B.V., at the first written request of Star Remedies B.V., any information provided to him in the context of this training programme and any duplications thereof within one week of the date of the request, on penalty of a fee of €100.00 for each day that the participant remains in default. In addition, Star Remedies B.V. reserves the right to claim from it actual damages and any consequential damages for which the participant is liable.
8. Liability
8.1 Star Remedies B.V. and/or its related employees and/or teachers accept no liability whatsoever for the manner in which the participant puts into practice the manner and method taught to him/her by Star Remedies B.V. and/or Dietmar Krämer.
8.2 Any liability is limited to an amount equal to the amount to be received by Star Remedies B.V. for the training/ module/course in question with a maximum of €750 (seven hundred and fifty euros).
8.3 Any liability of Star Remedies B.V. for shortcomings of third parties, who are or were also involved in the execution of the agreement between Star Remedies B.V. and the participant, is excluded, except if such shortcomings result from intent or deliberate recklessness on the part of Star Remedies B.V.
8.4 The Participant is liable for all damages resulting from loss, theft, fire or damage to the goods and materials of Star Remedies B.V. as soon as they are within the Participant's actual control and/or (business) premises. The limitations of liability included in this article do not apply in case of intent or deliberate recklessness on the part of Star Remedies B.V.
9. Reimbursement
9.1 The participant will be charged a fee based on the rates stated on the website and on the registration form. The fees are set annually by Star Remedies B.V.
9.2 The stated fee includes all teaching days, supervision by teachers, use of the digital learning environment and study materials provided by Star Remedies B.V., unless otherwise indicated.
9.3 Costs for compulsory textbooks, reference books or additional third-party literature will be listed separately. Any travel, accommodation or meal costs shall be borne by the participant, unless otherwise agreed.
9.4 No hidden or additional costs will be charged. All amounts are stated exclusive of VAT unless expressly stated otherwise.
9.5 The current fees and content of the course can be consulted at all times via www.cint.nl or can be sent in writing upon request.
10. Payment conditions
10.1 Star Remedies B.V. will charge the total amount of the education, module or course by means of an invoice. Payment will be made exclusively by bank transfer to the account number of Star Remedies B.V. stated on the invoice. Unless otherwise agreed, invoices must be paid within fourteen (14) days of the invoice date and credited no later than fourteen (14) days before the start of the training course, module or course. If the payment term is exceeded, the participant shall be in default by operation of law and shall owe default interest of 1% per month, without prejudice to the statutory (commercial) interest and the extrajudicial costs referred to in article 10.5.
10.2 Star Remedies B.V. is at all times entitled, before performing, to require sufficient security for the participant's fulfilment of his/her payment obligation, at its discretion.
10.3 If the participant defaults on his/her payment obligation, Star Remedies B.V. has the right to suspend the right of participation until full payment has been made.
10.4 The full agreed fee is payable immediately at all times in the event that the participant applies for a suspension of payments or is in a state of bankruptcy, if conservatory or executory attachment is levied on goods or bank accounts of the participant, if the participant is in liquidation or, if the participant is a natural person, dies.
10.5 In addition to the principal sum and interest, Star Remedies B.V. has the right to claim all extrajudicial collection costs resulting from late payment. Extrajudicial costs are due as soon as Star Remedies B.V. engages the assistance of a third party for the collection and amount to 15% of the principal sum with a minimum of €350.00.
10.6 If Star Remedies B.V. is wholly or partially vindicated in legal proceedings, all costs incurred in connection with those proceedings will be borne in full by the participant.
10.7 The prices stated in the quotation or offer are valid for the period indicated therein, unless otherwise agreed in writing.
10.8 The agreement is subject to the statutory cooling-off period of fourteen (14) days. The participant may dissolve the agreement within this period without giving reasons. If the programme or module commences at the participant's request within this period, the participant expressly agrees that the performance commences before the expiry of the reflection period and that upon full performance the right of withdrawal lapses.
10.9 If the participant exercises the right of withdrawal, amounts already paid will be fully refunded within fourteen (14) days of receipt of the withdrawal notice via the same payment method used to make the payment.
11. Cancellation by Star Remedies Training Courses
11.1 In the event of insufficient registrations or force majeure, Star Remedies B.V. reserves the right to cancel the module/course. Any invoice amount paid will be refunded in full.
12. Legal cooling-off period
12.1 The agreement is subject to the statutory cooling-off period of fourteen (14) days.
12.2 The regulations concerning the right of withdrawal, the method of dissolution and the period within which reimbursement takes place are fully detailed in articles 10.8 and 10.9 of these general terms and conditions.
12.3 The provisions of this article are without prejudice to the other cancellation conditions set out in article 13.
13. Cancellation by participant
13.1 If the participant is prevented by circumstances from taking part in the training, module or course for which he or she has registered, this must be communicated immediately in writing by registered mail or e-mail. The date of receipt by Star Remedies B.V. counts as the cancellation date.
13.2 In the event of cancellation more than two (2) months before the start of the training course, only €27.50 administrative costs will be charged.
13.3 Cancellations between two (2) and one (1) month before commencement will be charged 50% of the total invoice amount.
13.4 In case of cancellation less than one (1) month before or after the start of the training course, the full invoice amount is due.
13.5 If the participant is entitled to a (partial) refund, a refund will be made within fourteen (14) days of receipt of the valid cancellation, to the account number from which the payment originated, unless otherwise agreed in writing.
13.6 In case of demonstrable force majeure (such as serious illness or calamities), Star Remedies B.V. may reasonably decide to refund part of the course fee or offer participation in a subsequent training round.
13.7 The provisions of this article are without prejudice to the statutory right of withdrawal of fourteen (14) days (articles 10.8 and 10.9).
14. Partial participation or early termination
14.1 No refund of the course fee will be made in the event of partial participation or premature termination by the participant, unless there is demonstrable force majeure or a shortcoming attributable to Star Remedies B.V..
14.2 In such cases, Star Remedies B.V. may reasonably decide to partially refund the part not taken or participate in a subsequent module at no extra cost.
14.3 Any refund will be made within fourteen (14) days of written confirmation of the refund decision.
15. Force majeure
In the event of force majeure, Star Remedies B.V. has the right, at its discretion, to extend the term of delivery by the duration of the force majeure or to dissolve the agreement, insofar as it has not yet been executed, without Star Remedies B.V. being obliged to pay any compensation for damages in any form whatsoever, except by virtue of the provisions of Article 78 Book 6 of the Dutch Civil Code.
16. Dissolution
16.1 Complete or partial dissolution of the agreement will take place by means of a written declaration by the parties entitled to do so. Before the participant addresses a written declaration of dissolution to Star Remedies B.V., it will at all times first give written notice of default to Star Remedies B.V. and grant it a reasonable term to still fulfil its obligations or rectify any shortcomings, which shortcomings the participant must report precisely in writing.
16.2 If Star Remedies B.V. is faced with dissolution, without there being any default on its part, Star Remedies B.V. will always be entitled to compensation for all financial losses such as costs, loss of profit and reasonable costs incurred to establish damages and liability. In the event of partial termination, the Participant cannot claim any undoing of performances already performed by Star Remedies B.V. and Star Remedies B.V. is fully entitled to payment for the performances it has already performed.
16.3 If the participant does not, does not properly or does not timely comply with any obligation arising for him from the agreement entered into with Star Remedies B.V. or from a related agreement, or if there are good reasons to fear that the participant is not or will not be able to comply with his contractual obligations (including in case of bankruptcy, etc.), Star Remedies B.V. has the right, after a written notice of default, to suspend the execution of the agreement or to terminate it in whole or in part.
17. Confidential information
All information provided by participants or clients is considered confidential by Star Remedies B.V., its employees and lecturers. External lecturers sign a separate confidentiality declaration. Personal data of participants are used exclusively for administrative, organisational and educational purposes and are processed in accordance with the applicable privacy legislation (AVG). Star Remedies B.V. does not retain personal data longer than necessary for the purpose for which they were collected. The full privacy statement can be consulted at www.cint.nl/privacyverklaring or will be provided in writing upon request. No personal or confidential data will be provided to third parties without prior written consent, unless Star Remedies B.V. is legally obliged to do so. The provisions of this article are without prejudice to the more detailed provisions on privacy and data protection in Article 19.
18. Applicable law and forum
The legal relationship between Star Remedies B.V. and the participant is subject to Dutch law. Disputes will be decided exclusively by the competent court in Star Remedies B.V.'s place of business.
19. Privacy and data protection
Star Remedies B.V. processes personal data of participants in accordance with the General Data Protection Regulation (AVG). The data is used exclusively for the execution of the agreement and informing about training courses. Personal details are not provided to third parties unless this is required by law or necessary for performance of the agreement. Inspection, correction or deletion requests can be made in writing. The privacy statement is available at www.cint.nl. Processing of personal data takes place on the basis of the performance of the agreement and/or the legitimate interest of Star Remedies B.V. Personal data are not kept longer than necessary for the stated purposes or legal deadlines. Participants have the right to file a complaint with the Personal Data Authority.
20. Repayment period
If the participant is entitled to a (partial) refund in accordance with Articles 10, 11, 13 or 14, a refund will be made within fourteen (14) days after receipt of the valid cancellation or after written notification of cancellation by Star Remedies B.V. Refunds will only be made by bank transfer to the account number from which payment was made, unless otherwise agreed in writing. Star Remedies B.V. will not charge a fee for carrying out a refund.
21. Nature and level of training
Star Remedies B.V.'s training courses are aimed at training both (future) CINT therapists and existing (complementary) therapists who wish to deepen their knowledge of the CINT method, Star Remedies and Bach Flower Remedies. The intended level, study load, admission requirements and the purpose of the training course are described for each course in the study guide and on the Star Remedies B.V. website. This information forms an integral part of the agreement between Star Remedies B.V. and the participant.