FLOWING ESSENCE, Sept. 9, 2025

These general terms and conditions govern the cooperation with Dominique van der Vorst, trading under the name “FLOWING ESSENCE”.

Its address is Koninginnedijk 308, 5361CR Grave. Registered with Chamber of Commerce under number 95478280.

e-mail Dominique@flowingessence.nl (hereinafter referred to as “FLOWING ESSENCE”).

In addition, any legal relationship between “FLOWING ESSENCE” or Dominique van der Vorst and the Customer (collectively referred to as the “Parties”), shall be governed by these terms and conditions, except for express written deviation from them.

The Customer is the person with whom “FLOWING ESSENCE” or Dominique van der Vorst has entered into an agreement.

These Terms nullify and replace all written or oral contracts, proposals and commitments relating to the same subject matter that would precede the date of the agreement between the parties.

Article 1. ~ Application

1.1 These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of “FLOWING ESSENCE”.

1.2 The terms and conditions apply when a training package (online or in-person – hereinafter referred to as “the Services”) is booked or an order for products, materials or digital products is placed through the web shop (hereinafter referred to as “the Products”) of “FLOWING ESSENCE” by a visitor to this site (hereinafter referred to as “the Customer”) or through direct approach.

1.3 When ordering a service or product through the website or the web shop of “FLOWING ESSENCE”, the Customer must expressly accept these terms and conditions, thereby agreeing to the applicability of these terms and conditions to the exclusion of all other terms and conditions.

1.4 “FLOWING ESSENCE” reserves the right, at any time, to modify or delete the terms and conditions and this without any prior notice being necessary. Each order shall be governed by the Terms and Conditions included on the website and order confirmation at that time, to the exclusion of any older or newer provisions.

1.5 If any of these terms and conditions/articles should be invalid for any reason, the remaining terms and conditions shall remain in full force and effect.

1.6 The Customer is solely and exclusively responsible for the accuracy of all data he or she provides. By placing an order or booking a service through the website, the Customer confirms to be a natural person, capable of acting and at least 18 years old. “FLOWING ESSENCE”, bears no responsibility for orders placed by persons or entities that do not meet these criteria or for incorrect data entry by the Customer.

Article 2. ~ Formation of the agreement and ordering process

2.1 Commercial documents and offers do not create any commitments on the part of “FLOWING ESSENCE”.

2.2 The agreement between “FLOWING ESSENCE” and the Customer is only concluded when the order for products or services placed by the completion of the registration form by the Customer is validated with a confirmation sent by “FLOWING ESSENCE” by e-mail. The confirmation will be sent to the e-mail address provided by the Customer. It is the Customer’s responsibility to ensure that any messages that may end up in the “spam folder” are also read.

2.3 For the order of products, confirmation is possible only after acceptance of the General Terms and Conditions and full payment of the ordered products by the Customer. “FLOWING ESSENCE” remains the owner of all products until the moment of full payment.

2.4 Orders are not binding on “FLOWING ESSENCE” as long as, after going through the ordering process, they have not been confirmed by e-mail or any other appropriate means of communication.

Article 3. ~ Prices

3.1 All prices used by “FLOWING ESSENCE” on the website and webshop are in Euros and include VAT. Excluding any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed upon otherwise.

3.2 The sales prices indicated on the website and webshop for products on the date of the order, are the applicable prices. The prices are also stated in the order summary. After payment, the Customer will receive an invoice.

3.3 All prices that “FLOWING ESSENCE” charges for its products or services on its website or otherwise made known, “FLOWING ESSENCE” may change at any time.

3.4 Increases in the cost prices of products or parts thereof which “FLOWING ESSENCE” could not foresee at the time the offer was made or the agreement concluded, may give rise to price increases.

3.5 The Customer has the right to dissolve an agreement as a result of a price increase referred to in paragraph 3.4, unless the increase is due to a statutory regulation.

3.6 If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.

Article 4. ~ Online payment

4.1 Payment is made immediately after the order is placed. “FLOWING ESSENCE” offers several ways to securely pay for online orders electronically through the payment system and payment terms of payment provider Mollie or PayPal. By placing an order and payment through the web shop of “FLOWING ESSENCE”, the Customer also declares to have taken note of the terms and conditions of the payment provider and accepts to be bound by them.

4.2 No order will be validated without prior receipt of corresponding payment.

Article 5. ~ Consequences of not paying on time

5.1 In the event of payment by invoice and failure to pay within the stipulated period, the invoice amount including VAT and other costs and charges shall be increased by operation of law and without prior notice of default by an interest equal to 1% per month, calculated on the amount still outstanding, each month begun being considered as having expired, and liquidated damages in the amount of 10% of the amount of the unpaid invoices, with a minimum of €100.00. All collection costs shall also be borne by the defaulting Customer. If the Customer fails to pay on time, “FLOWING ESSENCE” is entitled to deny the Customer access to the training or service until payment is received. To the extent the Customer further defaults in paying one or more outstanding invoices of “FLOWING ESSENCE”, “FLOWING ESSENCE” reserves the right to suspend the further execution of the order until all outstanding invoices are paid (including any added damages and penalty interest), or to determine the immediate dissolution of the contract.

5.2 Any non-payment of a past due invoice shall also render all other invoices due. If “FLOWING ESSENCE” has explicitly granted instalments in writing, the total sum still due shall become due and payable without further notice or default notice as soon as one instalment period is not respected. All payments will first be deducted from penalty interest already due. In the event of non-payment, all sums due will be recovered by judicial means. These costs shall be borne by the Customer.

5.3 Any protest regarding an invoice must be addressed to “FLOWING ESSENCE” by registered letter within 7 calendar days from the invoice date. The latter shall be entitled to transfer all claims to third parties, as well as to transfer all or part of its own obligations to the Customer, but “FLOWING ESSENCE” shall, where applicable, continue to guarantee the proper performance of these obligations. The Customer? is not entitled to assign its rights and/or obligations to “FLOWING ESSENCE”.

Article 6. ~ Lien

6.1 “FLOWING ESSENCE” may invoke its right of retention and, in that case, retain Customer’s products until Customer has paid all outstanding bills against “FLOWING ESSENCE”, unless Customer has provided adequate security for those costs.

6.2 The right of retention shall also apply pursuant to previous agreements from which the Customer still owes payments to “FLOWING ESSENCE”.

6.3 “FLOWING ESSENCE” shall never be liable for any damages that the Customer may suffer as a result of exercising its right of retention.

Article 7. ~ Retention of title.

7.1 “FLOWING ESSENCE” shall retain ownership of all delivered products until the Customer has fully satisfied all of its payment obligations to “FLOWING ESSENCE” under whatever agreement entered into with “FLOWING ESSENCE”, including claims of default.

7.2 Until such time, “FLOWING ESSENCE” may invoke its retention of title and repossess the goods.

7.3 Before ownership has passed to the Customer, the Customer may not pledge, sell, dispose of or otherwise encumber the products.

7.4 If “FLOWING ESSENCE” invokes its retention of title, the contract shall be deemed terminated and “FLOWING ESSENCE” shall be entitled to claim damages, lost profits and interest.

Article 8. ~ Right of Withdrawal

8.1 A consumer may cancel an online purchase during a 14-day cooling-off period without giving any reason provided that:

• the product has not been used;
• it is not a product that has been customized or adapted specifically for the consumer;
• the consumer has not waived his right of withdrawal;
• this right does not apply if the Customer has purchased digital content: in fact, this means that the Customer has had access to all the knowledge and work put into the product.

8.2 The 14-day cooling-off period referred to in paragraph 8.1 begins:

• on the day after the consumer receives the last product or part of 1 order;
• on the day a contract for a service is entered into.

8.3 Consumers may make their recourse to the right of withdrawal at Dominique@flowingessence.nl, using the withdrawal form on the “FLOWING ESSENCE” website.

8.4 The Customer is obliged to return the product to “FLOWING ESSENCE” within 14 days after having expressed his/her right of withdrawal, failing which his/her right of withdrawal lapses.

8.5 If the Customer invokes its right of withdrawal and returns the entire order in a timely manner, the costs of returning the entire order shall be borne by the Customer.

8.6 If the Customer has timely exercised his right of withdrawal and as a result has timely returned the complete order to “FLOWING ESSENCE”, then “FLOWING ESSENCE” shall refund the amount of the purchase including the shipping costs for the initial shipment to the consumer within 14 days after receipt of the timely and complete returned order.

Article 9. ~ Cancellation of orders.

9.1 The order of services (e.g. training packages, online programs or 1:1 appointments) can only be validly cancelled by the Customer by letter registered by post or by e-mail. In the latter case, the cancellation is only valid when “FLOWING ESSENCE” has sent a confirmation of receipt to the Customer.

9.2 Cancellation does not include: Failure to appear (online or in person) at the course or program without prior cancellation for any reason, except in cases of proven force majeure.

9.3 In case of cancellation of a service by the Customer 30 calendar days prior to the execution date, an administration fee of 50 EUR will be charged.
In case of cancellation between 14 and 30 calendar days prior to the agreed execution date, the payment obligation is 75% of the total amount.
If the cancellation occurs later than 14 days prior to the agreed execution date, the payment obligation is 100% of the total amount.

9.4 Orders for (online) digital-total products cannot be cancelled, nor returned once the product has been received.

Article 10. ~ Delivery and Delivery Time

10.1 Delivery is made while supplies last.

10.2 Delivery of ordered products takes place at the address specified by the customer.

10.3 The delivery times specified by “FLOWING ESSENCE” are indicative and, if exceeded, do not entitle the customer to rescission or damages, unless the parties have expressly agreed otherwise in writing.

10.4 The delivery time starts when the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation thereof from “FLOWING ESSENCE”.

10.5 Exceeding the specified delivery time does not give the customer the right to compensation or the right to rescind the agreement, unless “FLOWING ESSENCE” cannot deliver within 14 days after being reminded to do so in writing or the parties have agreed otherwise.

10.6 Since “FLOWING ESSENCE” delivers throughout Europe, circumstances beyond the control of “FLOWING ESSENCE” cannot be imputed to it. This includes possible delays at shipping companies.

Article 11. ~ Packaging and shipping

11.1 If the packaging of a delivered product has been opened or damaged, the customer must, before taking delivery of the product, have a note of this made by the shipper or delivery person. Failing this, “FLOWING ESSENCE” cannot be held liable for any damages. As proof, the Customer must take a picture as soon as possible of what the package looks like upon receipt.

11.2 If the customer takes care of transportation of a product himself, he must report any visible damage to products or the packaging to “FLOWING ESSENCE” prior to transportation, failing which “FLOWING ESSENCE” cannot be held liable for any damage.

11.3 If products are returned, this must be done in a proper manner. The shipment is sent through an official channel with a track-and-trace number. This track-and-trace number will be passed on to “FLOWING ESSENCE”.

11.4 Return charges in case of damage are initially paid by the Customer. The proof of payment can be sent to “FLOWING ESSENCE”, after which this amount will be refunded to the Customer by “FLOWING ESSENCE”.

Article 12. ~ Warranty

12.1 The warranty with respect to products applies only to defects caused by faulty manufacture, construction or material.

12.2 The warranty does not apply in the case of normal wear and tear and damage caused by accidents, modifications made to the product, negligence or incompetent use by the Customer, as well as when the cause of the defect cannot be clearly determined.

12.3 The risk of loss, damage or theft of the products relating to an agreement between the parties shall pass to the customer at the time the products are legally and/or actually delivered, or at least come into the control of the customer or of a third party who takes delivery of the product on behalf of the customer.

Article 13. ~ Indemnification

13.1 Customer shall indemnify “FLOWING ESSENCE” against all third party claims related to the products and/or services provided by “FLOWING ESSENCE”.

Article 14. ~ Complaints

15.1 Customer shall examine a product or service provided by “FLOWING ESSENCE” for any deficiencies as soon as possible.

15.2 If a product delivered or service rendered does not meet what the Customer could reasonably expect from the agreement, the Customer must notify “FLOWING ESSENCE” as soon as possible, but in any case within 1 week after the deficiencies have been discovered.

14.3 The Customer shall provide as detailed a description of the shortcoming as possible, so that “FLOWING ESSENCE” is able to respond adequately.

14.4 The Customer must demonstrate that the complaint relates to an agreement between the parties.

14.5 If a complaint relates to work in progress, this cannot in any case result in “FLOWING ESSENCE” being held to perform work other than that agreed upon.

Article 15. ~ Liability.

15.1 “FLOWING ESSENCE” shall only be liable for any damage suffered by Customer if and to the extent such damage is caused by intentional or deliberate recklessness.

15.2 If “FLOWING ESSENCE” is liable for any damages, it shall only be liable for direct damages resulting from or related to the execution of a contract.

15.3 “FLOWING ESSENCE” shall never be liable for indirect damages, such as consequential damages, lost profits, lost savings or damages to third parties.

15.4 If “FLOWING ESSENCE” is liable, this liability shall be limited to the amount paid out by a concluded (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability shall be limited to the (part of the) invoice amount to which the liability relates.

15.5 All images, photographs, colors, drawings, descriptions on the website or in the webshop are only indicative and are only approximate and cannot be a reason for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

15.6 The Customer is at all times responsible for the choices he makes. “FLOWING ESSENCE” makes every effort to be transparent in its information or message. “FLOWING ESSENCE” does not pretend to hold the truth. If in doubt about the accuracy or appropriateness of the information or service provided, it is the Customer’s responsibility to consult with his doctor or confidant.

15.7 Although this website has been compiled with the utmost care, “FLOWING ESSENCE” does not guarantee that the data and information provided thereon is free of errors or omissions. “FLOWING ESSENCE” shall not be liable for any damage that has been or may be caused by the use of this data and information. Any use of the information and data on this website is at your own risk.

15.8 The information on this website is intended for general information and use only. It is expressly not intended as medical or other advice. No rights can be derived from the information on this website.

15.9 Any right of the customer to compensation from “FLOWING ESSENCE” expires in any case 6 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Civil Code.

Article 16. ~ Right of rescission

16.1 The customer has the right to rescind the agreement when “FLOWING ESSENCE” imputably fails to fulfill its obligations, unless this failure, given its special nature or minor importance, does not justify the rescission.

16.2 If the fulfillment of the obligations by “FLOWING ESSENCE” is not permanently or temporarily impossible, then dissolution can only take place after “FLOWING ESSENCE” is in default.

16.3 “FLOWING ESSENCE” shall be entitled to rescind the contract with the Customer, if the Customer does not fulfill his obligations from the contract in full or in a timely manner, or if “FLOWING ESSENCE” has knowledge of circumstances which give it good reason to fear that the Customer will not be able to fulfill his obligations properly.

Article 17. ~ Force Majeure

17.1 In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming of “FLOWING ESSENCE” in the fulfillment of any obligation towards the Customer shall not be attributable to “FLOWING ESSENCE” in a situation independent of the will of “FLOWING ESSENCE”, as a result of which the fulfillment of its obligations towards the Customer is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be required of “FLOWING ESSENCE”.

17.2 The force majeure situation mentioned in paragraph 1 also includes – but is not limited to – the following: state of emergency (such as (civil) war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, delivery companies or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions.

17.3 If a force majeure situation occurs that prevents “FLOWING ESSENCE” from fulfilling 1 or more obligations to the Customer, then those obligations shall be suspended until “FLOWING ESSENCE” can fulfill them again.

17.4 From the moment a force majeure situation has lasted for at least 30 calendar days, both parties may rescind the agreement in writing in whole or in part.

17.5 “FLOWING ESSENCE” shall not owe any compensation (damages) in a force majeure situation, even if it enjoys any advantage as a result of the force majeure situation.

17.6 An online training session may not take place because train(st)er has been called away to assist with an urgent other service (e.g., childbirth related to doula work). She will make every effort to inform the Client of her absence. The training will continue on the next date and the cancelled class will still be given at the end of the course.

Article 18. ~ Modification of the agreement.

18.1 If after the conclusion of the agreement for its execution it appears necessary to modify or supplement its content, the parties shall promptly and by mutual agreement adjust the agreement accordingly.

Article 19. ~ Amendment of general terms and conditions

19.1 “FLOWING ESSENCE” is entitled to modify or supplement these general terms and conditions.

19.2 Changes of minor importance may be made at any time.

19.3 Major substantive changes will be discussed by “FLOWING ESSENCE” with the customer in advance as much as possible.

19.4 Customers are entitled to terminate the agreement in the event of a material change in the general terms and conditions.

Article 20. ~ Intellectual Property

20.1 Designs, concepts, creations, materials, illustrations, logos, drawings, photographs, images, manufacturing and production methods, (product) descriptions, data, product or company names, texts, and the like which are developed and/or used by “FLOWING ESSENCE”, in any form whatsoever, are and shall remain the property of “FLOWING ESSENCE”, as well as any documentation in this regard which would be made available to Customer or placed on the web shop. Publication or other forms of disclosure thereof may only be made after written consent has been obtained from “FLOWING ESSENCE”.

Article 21. ~ Consequences of nullity or voidability.

21.1 Should one or more provisions of these general terms and conditions prove to be void or voidable, this shall not affect the remaining provisions of these terms and conditions.

21.2 A provision that is void or voidable shall in such case be replaced by a provision that comes closest to what “FLOWING ESSENCE” had in mind when drafting the terms and conditions on that point.

Article 22. ~Applicable law and competent authorities.

22.1 Any agreement between the parties shall be governed exclusively by Dutch law, even if an order is placed from abroad. The application of the Vienna Convention on Contracts for the International Sale of Goods (1980) is expressly excluded.

22.2 All possible disputes arising from or related to the legal relationship between “FLOWING ESSENCE” and the Customer shall be settled exclusively by the courts of the judicial district and working area of District Court Oost-Brabant.

22.3 The customer accepts electronic evidence.

Version 1.0, Drafted and effective September 9, 2025.