General terms and conditions
Article 1 Definitions
1.1 Account, the personal registration through which Participant gains access to the Service and/or the Products of Mama’s Cooking, consisting of the username and password of the Participant/Member.
1.2 Content, accessible text, images, photographs, ebooks, recipes and videos.
1.3 Participant, a natural person who entered into or purchased a service/product from Mama’s Cooking.
1.4 Third parties, third parties engaged by Mama’s Cooking in the implementation of the Service.
1.5 Service, the services and/or products of Mama’s Cooking that enables Participants to purchase Content after payment and solely on the basis of these General Terms and Conditions.
1.6 Online programme participation, arises after the creation of an Account which, upon payment of an agreed price, gives you access to the components of the Online programme.
1.7 Workshop / Event, a one-time workshop, training, retreat, event with which you can participate on a specific date against payment of an agreed price.
1.8 Agreement means the contract of assignment under which Mama’s Cooking makes content available to the Participant against payment of fees and costs and under which the General Terms and Conditions have been declared applicable.
1.9 Mama’s Cooking Academy is the online environment where Participants have access to purchased online services or products.
Article 2 Identity of the entrepreneur
Mama’s Cooking
info@mamascooking.nl
Based in Madrid, Spain
Agencia Tributaria (CoC): X4575220Z
VAT ID number ESX4575220Z
Article 3 Applicability of general terms and conditions
3.1 These terms and conditions apply to all offers, invoices, activities, agreements and delivery of services and products by or on behalf of Mama’s Cooking to which she has declared these terms and conditions applicable, insofar as these terms and conditions have not been expressly deviated from in writing.
3.2 The Participant may take note of these Terms and Conditions, which are published on mamascooking.nl and declares to agree to them.
3.3 Mama’s Cooking reserves the right to make amendments to these General Terms and Conditions from time to time. The most up-to-date version can always be consulted. If Participant cannot accept the amended General Conditions, Participant is entitled to terminate his/her purchase in accordance with article 10.1. No refund will apply.
3.4 If one or more provisions in these General Terms and Conditions should at any time be wholly or partially void or destroyed, the remainder of these General Terms and Conditions shall remain fully applicable
Article 4 Offer and conclusion of agreement
4.1 A Transaction between Participant/Client is established as soon as a Participant has made the online purchase or has acquired the offline service
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Article 5 Creating an account
5.1 In order to conclude a product/service, the Participant must first create an account. For this purpose, the email address serves as the user name and a unique password must be chosen. When creating an Account, personal data of the User is requested in accordance with the Privacy Policy (see www.mamascooking.es).
5.2. User will keep the password and username strictly confidential and will not disclose them to third parties. Any Transaction made from the Account shall be deemed to have been made by User. Misuse and/or improper use of the Account or the password in combination with the username are for the account and risk of the User, unless this use can be attributed to Mama’s Cooking. This is only the case after the User has reported misuse of his account to Mama’s Cooking and Mama’s Cooking does not take adequate measures, as described in article 5.3
5.3 As soon as the User suspects unlawful use of his/her Account, the User must notify Mama’s Cooking immediately. Mama’s Cooking will block the Account and at the request of the User will give the opportunity to create a new Account.
Article 6 Rates and payments
6.1. The prices stated on the website are inclusive of VAT, unless explicitly stated otherwise.
6.2 The rates agreed upon at the time of entering into the agreement are based on the price level applicable at that time. Mama’s Cooking has the right to adjust these prices.
6.3. If the Participant defaults in the timely payment of an invoice, a direct debit cannot be collected, a direct debit is withdrawn without justifiable reason or a payment is reversed, the Participant, after sending a reminder or notice of default once, is legally in default and owes legal interest. Mama’s Cooking is entitled, whether or not through third parties, to collect (or have collected) the relevant payments at the expense of the Participant and the extrajudicial costs incurred and to be incurred.
6.4 Mama’s Cooking is entitled to make access to the Service/Product (or part thereof) impossible and/or terminate it with immediate effect if Mama’s Cooking is unable to collect the fee due via the payment method specified, or if an already collected amount is reversed.
Article 7 Complaints
7.1 Participant is obliged to report complaints about services/products to Mama’s Cooking in writing via info@mamascooking.nl as soon as possible, at the latest within 14 calendar days after the complaint has arisen.
7.2 If a defect is reported later, the Participant is no longer absolutely entitled to repair, replacement or compensation.
7.3. Mama’s Cooking aims to send a notification of receipt of the complaint within 1 working day and deal with the substance of the complaint within 3 working days.
7.4 Lodging a complaint does not suspend the payment obligation.
7.5. These general terms and conditions are governed by Dutch law.
7.6. Parties will only appeal to court after they have made every effort to resolve a dispute by mutual agreement.
7.7. All disputes shall be settled by the competent judge in the district of Mama’s Cooking’s choice.
7.8 Notwithstanding the legal limitation periods, the limitation period of all claims and defences against Mama’s Cooking and third parties involved is 12 months.
Article 8 Intellectual property
8.1 Unless otherwise agreed in writing, Mama’s Cooking retains all absolute intellectual rights including copyright in all data, information supplied and content made available.
8.2 Mama’s Cooking grants the Participant a limited, personal, non-exclusive, non-sublicensable and revocable right to use a Service/Product for personal purposes. The content is intended to inspire, not to copy or for commercial purposes.
8.3 Shared content may not be copied, shown to third parties, made available, resold or otherwise used without written permission from Mama’s Cooking.
8.4 Participant is not permitted to use Mama’s Cooking’s written documentation, including recipes, videos, ebooks and worksheets for purposes other than personal use.
8.5 Violation of this article constitutes copyright infringement. In such a case, Mama’s Cooking is entitled to invoice participant for the damages incurred and, if justified, exclude them from participation.
8.6 The information/services provided during the term of the agreement remain the property of Mama’s Cooking. It is the Participant’s own responsibility to review and, where given the opportunity, save the material in a timely manner.
8.7 By content offered for life is meant as long as Mama’s Cooking exists, or the platform on which the content is offered. Mama’s Cooking cannot be held responsible even in such a case for incomplete content.
Article 9 Content and duration
9.1 The duration of the online programmes/courses/workshops varies.
9.2 Participant retains access to the content of the course / online programme for the duration as described on the sales page, after which access will be denied, unless otherwise agreed. Participant is responsible for timely completion of the content.
9.3 If necessary, the content of a Service/Product will be updated regularly.
Article 10 Modification and cancellation online programme
10.1 Participant will receive access to the product/ebook/video series after purchase. These are excluded from the right of withdrawal, which does not give Participant the opportunity to cancel the purchase with a refund of the purchase price. Participant does have the right to cancel the agreement of a course/training within 14 calendar days after purchase if Participant can prove that the content does not meet the expectations that Participant could reasonably have. Assessment of this is the sole responsibility of Mama’s Cooking.
10.2 If the Participant does not comply with the provisions of these Terms and Conditions, or Mama’s Cooking deems it plausible that the User will not comply, Mama’s Cooking has the right to terminate the membership. Mama’s Cooking will inform the Participant of this by email and she has the right to discontinue the Service/ online programme immediately.
10.3 Mama’s Cooking shall, upon termination of membership, delete Personal Data no longer needed in the performance of the Service according to the Privacy Policy.
10.4 In case of unforeseen circumstances, Mama’s Cooking has the option to interrupt, reschedule or cancel a course/ online programme. Unforeseen circumstances include illness and circumstances arising in relation to materials that are necessary for the proper execution of the agreement. Mama’s Cooking will notify Participant of a change as soon as possible and a suitable solution will be sought.
Article 11 Conditions, amendments and cancellation of Events (workshops, training courses, retreats, etc)
11.1 Registration for participation in an Event takes place either by completing and submitting the appropriate online registration form, or by purchasing an Entry Ticket online. Once the Registrant has successfully completed all the steps of the online registration process, Mama’s Cooking will confirm the registration as soon as possible via email. Sending the fully completed registration form will establish the agreement between the Registrant and Mama’s Cooking for the relevant Event.
11.2 If the Participant cannot participate in the Event (for example, because the Participant is unable to attend that day), the Participant may be replaced by any other natural person. The Participant who is unable to attend will hand over his Admission Ticket to the person who will replace the Participant.
11.3 Unless otherwise agreed in writing, payment for an Entry Ticket is made in advance by online payment via a payment method offered by Mama’s Cooking.
If it is agreed that payment will be made upon receipt of an invoice, Mama’s Cooking will send an invoice, relating to the cost of participation of the number of participants registered by the Entrant, to the Entrant.
11.4 If documentation/study materials are provided, the cost of documentation/study materials is included in the registration fee unless otherwise stated.
11.5 Cancellation of registration by the Registrant: The Registrant has the option to cancel the registration up to 60 days before the start of the Event at the latest. Cancellation shall take place by e-mail (info@mamascooking.nl). For the assessment of the cancellation period, the date of receipt of the e-mail will be considered. Delays in sending and receiving a cancellation are at the Subscriber’s expense and risk. In case of cancellation, the Registrant shall owe Mama’s Cooking a one-time cancellation fee of € 25, – excluding VAT. Cancellation within 60 days before the start of the Event is not possible, unless otherwise agreed in writing.
11.6 Cancellation of the Event by Mama’s Cooking. Mama’s Cooking reserves the right, in the event of insufficient participation, to cancel the Event up to 14 days before the start of the Event and without Mama’s Cooking being liable to the Registrant or Participant for any compensation. The Registrant and Participants will be notified as soon as possible. If possible, a suitable alternative will be offered. If the Enroller or Participants do not wish to make use of this alternative, the Enroller will receive the registration fee back within 30 days, after the Enroller has made known that he does not wish to make use of the alternative.
11.7 Entry and attendance: The Participant is obliged to keep the Entry Ticket for the Event for himself and therefore not to resell it, offer it for sale or provide it for commercial purposes to third parties in any way.
11.8 The Admission Ticket entitles the holder to enter and attend the Event. Only the holder of the Entry Ticket who is the first to show the Entry Ticket at the start of the Event will be granted access. Mama’s Cooking may assume that the holder of an Entry Ticket is also the rightful owner. Mama’s Cooking is not obliged to carry out further checks with regard to valid Entry Tickets.
After presenting the Entry Ticket at the entrance, the Participant will be granted access to the Event once. If the Visitor leaves the location or grounds on which the Event takes place, access will not be granted again, unless expressly stated otherwise.
11.9 The Participant is obliged to comply with the regulations and/or instructions of Mama’s Cooking, the operators of the location where the Event is held, law enforcement personnel, fire brigade, police and other authorised persons.
11.10 Mama’s Cooking will endeavour to ensure that the programme will be carried out as far as possible according to the announced schedule. However, Mama’s Cooking shall not be liable for any deviation therefrom and for any (possible) damage that may result for the Enroller, Participant or third parties.
Article 12 Execution
12.1 The Content available on mamascooking.es and in the mamascookingacademy.com will vary. Mama’s Cooking reserves the right to add to and or change the offer of Content without prior notice.
12.2 Mama’s Cooking expressly does not provide medical advice. Mama’s Cooking always advises the User/ Participant to follow advice from the (treating) physician regarding medication use or diet.
12.3 Mama’s Cooking shall process all personal data of Users/ Participants in accordance with applicable national laws and regulations for the protection of personal data and according to its Privacy Policy.
12.4 Mama’s Cooking shall impose its obligations under Articles 11.3 on Third Parties that it engages in the performance of the Service, namely the party making payments and the party sending newsletters on behalf of Mama’s Cooking.