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GENERAL TERMS AND CONDITIONS
The following Terms and Conditions will govern any services provided to you by Jana Alonso and her collaborators. Please read these Terms and Conditions carefully. By contracting the services, you are acknowledging that you have read and understood these Terms and Conditions, in particular those relating to the limitation of liabilities and the manner in which we may make changes to these Terms and Conditions.
1. INTERPRETATION. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings: “the Contract” means the contract between us, as Supplier, and you, as Customer, for the supply of the Service subject to the Terms and Conditions; “Commencement of the Contract” means the date upon which the earliest of the events recited in clause 3 of the Terms and Conditions occurs; “the Customer” means the person or entity who places an order for the Service and whose order is acceptable to the Supplier; “GDPR” means Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data; “Parties” means the parties to the Contract, being the Supplier and Customer; “Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, but only to the extent such Personal Data pertains to residents of the European Economic Area (EE) or are otherwise subject to the GDPR; “Processing” means any operation or set of operations which is performance on Personal Data or on sets of Personal Data, whether or not by automated means; “the Service” means any service being offered by the Supplier, forming the subject matter of the Contract; “Quotation” means any quotation given by the Supplier to the Customer in response to a request for or enquiry about the services; “the Supplier” means Jana Alonso and her collaborators; “Terms and Conditions” means these terms and conditions of sale. Words in the singular include the plural and in the plural include the singular. Headings in these Terms and Conditions do not affect the interpretation of these Terms and Conditions. Any reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any reference to subordinate legislation for the time being in force made under it.
2. QUOTATIONS. All Quotations are given for information only and do not constitute an offer by the Supplier to provide the Services referred to in them. For the avoidance of doubt, where the Customer makes an order on the basis of a Quotation from the Supplier, no Contract will come into existence other than in accordance with clause 3 of these Terms and Conditions. All Quotations will remain valid for a period of 30 days, unless earlier withdrawn by the Supplier or otherwise agreed in writing by the Supplier.
3. SUPPLY OF THE SERVICES. The Supplier shall supply and the Customer shall purchase the Service as principals only, to the intent and with the effect that no other party shall have the rights or obligations or be entitled to sue, or are liable to be sued, under the Contract. The Supplier shall sell and the Customer shall purchase the Service subject to these Terms and Conditions to the exclusion of all other terms and conditions (including any terms and conditions which the Customer purports to apply).
No Contract shall come into existence until the Customer’s order (however given) is accepted by the Supplier.
The Supplier shall not be under any obligation to continue to supply all or any of the Service prior to acceptance of each, and the Supplier reserves the right in its absolute discretion to refuse to accept any order for the Service.
4. PRICE. All prices quoted and invoiced are in Euro/Sterling Pound (EUR/GBP) and VAT, where applicable, is included.
5. TERMS OF PAYMENT. Payment for the Product shall be made by way of direct bank transfer to the Supplier’s bank account, details of which will be provided to the Customer. Payments are also accepted by credit or debit card, Paypal, or (where available) through one of our affiliates.
Unless otherwise agreed in writing, Customer shall pay the invoice prior the provision of the corresponding Service. In no circumstances shall a Customer be entitled to make any deduction from the price or withhold or retain any due payment. The Supplier shall have the right to demand advance payment. If payment is not received within 30 days of the invoice, the Supplier shall be entitled, without prejudice to any other remedy, to: a) cancel the Contract and any other agreement between the Parties; and/or b) suspend the Service agreed under any Contract and any other agreement between the Parties until payment is made. Any invoices outstanding beyond 30 days from the date of such invoice shall be deemed “Overdue”. Overdue invoices will incur interest accruing daily at the rate of 8% per annum, in addition to the bank costs and charges.
6. LIMITATION OF LIABILITY. The Supplier’s liability for any damages of any kind including without limitation, direct, indirect, incidental, punitive, special and consequential damages arising out of or in connection with the Service provided, will be limited in aggregate to the amount equivalent to the purchase price of the Product giving rise the claim.
7. TERMINATION. Without prejudice to any other rights to which it may be entitled, the Supplier shall have the right to determine or suspend performance under the Contract with immediate effect if the Customer is in default or commits a breach of the Contract or these Terms and Conditions. If in such circumstances, the Service has been delivered to the Customer but has not been paid for, the price shall become immediately due and payable notwithstanding any previous arrangement to the contrary.
8. FORCE MAJEURE. If either party is prevented, hindered or delayed in performing any of its obligations under this Agreement, other than payment of sums properly due, by reason of a Force Majeure Event, it shall forthwith and in any event within 7 days give written notice to the other party declaring the extent of the Force Majeure Event, the date of its commencement and the effects of the Force Majeure Event on its ability to perform its obligations under the Contract.
Subject to service of such notice and having taken all reasonable steps to avoid such prevention or delay, the obligations of the party affected by the Force Majeure Event shall be suspended for as long as the circumstances may continue and until such time after they cease as is necessary for that party, using all reasonable endeavours, to recommence its affected operations in order for it to perform its obligations.
The party affected by a Force Majeure Event shall use every reasonable effort to minimise the effects thereof and shall resume performance as soon as possible. If either party is prevented from performance of its obligations for a continuous period in excess of [sixty (60)] days from the date of giving notice of the Force Majeure Event, the other party may terminate this agreement forthwith by written notice, whereupon: 1) all sums due to the Supplier from the Customer in respect of the Service, under the Contract or otherwise shall become immediately payable; and 2) the Supplier's liability shall be limited to repayment of any sums paid in respect of undelivered Product. For the purposes of this Agreement, “Force Majeure Event” means any event beyond the reasonable control of a party including without limitation acts of God, war, riot, civil commotion, acts of terrorism, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, fire, flood, storm, strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, restraints or delays affecting carriers, breakdown of plant or machinery, default of suppliers or sub-contractors, and delays in obtaining supplies of adequate or suitable materials.
9. GENERAL DATA PROTECTION REGULATION. The Provider represents that it has implemented appropriate technical and organisational measures which ensure the Processing of Personal Data according to the requirements of the GDPR and any other applicable legislation, and the protection of the rights of the data subjects.
The Provider shall only process the Personal Data: (i) As needed to comply with the Contract; (ii) In accordance with the specific instructions that it has received from the Supplier, including with regard to any transfers of personal data; (iii) As needed to comply with the Law, in which case the Processor shall provide prior notice to the Supplier of such as legal requirement, unless that Law prohibits its disclosure. The Provider shall ensure that persons authorised to process the Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
The Provider shall take all security measures required by GDPR and any other applicable legislation. In this regard the Provider shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons. The Provider shall assess the appropriate level of security, account shall be taken in particular of the risks that are presented by Processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Personal Data transmitted, stored or otherwise processed.
At the Customer’s discretion, the Provider shall delete or return all Personal Data to the Customer after the end of the provision of Services relating to Processing and delete existing copies unless applicable EEA Member State Law requires storage of Personal Data.
The Supplier shall not transfer any Personal Data and shall not permit to any sub-contractor to Transfer any Personal Data, without the prior written consent of the Company.
The Provider will promptly and thoroughly investigate all allegations of unauthorised access to, use or disclosure of Personal Data. The Provider will notify the Customer without undue delay in the event of breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data, transmitted, stored or otherwise processed.
The Provider shall maintain all records required by GDPR or any other applicable legislation and shall make them available to the Customer on request.
10. NOTICES. Unless otherwise agreed, all notices which are required to be given hereunder shall be in writing and shall be delivered by hand or sent by first class post:
in the case of notices to the Supplier, to its registered office, Calle Obispo Rodrigo de Soria, 23, 29018 , Malaga.
in the case of notices to the Customer, to his/her domicile such other address as shall be notified to the Provider by the Customer.
11. CONFIDENTIALITY AND PUBLICITY. Unless otherwise specified (such in the courses provided) The documents, know-how, test results, concepts, inventions, ideas, processes, specifications, formulas, drawings, data or any other kind of information disclosed by the Supplier to the Customer, whether written, disclosed orally, visually, or learned by observation, whether or not marked with the legend indicating its confidential nature, is strictly personal and shall constitute Supplier’s confidential information (hereinafter referred to as “Confidential Information”). Customer will hold Confidential Information in strict confidence for so long as the relationship between Supplier and Customer exists and thereafter to the maximum period permitted by applicable legislation or until Confidential Information is proved to be public by legal means with no infringement of confidentiality. Customer shall use the same only for the purpose for which it was provided (hereinafter referred as the “Purpose”), and not use for its own benefit or the benefit of any third party or disclose to any third party. Neither party shall without the written consent of the other (the giving of which consent shall be at the sole discretion of that party) advertise, publicly announce or provide any other personal information relating to the existence or details of the Contract or use the other party’s name in any format for the promotion, publicity, marketing or advertising purpose.
12. GENERAL. If any of these Terms and Conditions is deemed unlawful, void or for any reason unenforceable, then that term or condition shall be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of any remaining Terms and Conditions. Failure by the Supplier to enforce any of these Terms and Conditions will not constitute a waiver of its rights to subsequently enforce such or any other of the Terms and Conditions. Neither party shall assign or otherwise transfer the Contract or any of its rights and obligations hereunder whether in whole or in part without the prior written consent of the other. A person who is not a party to the Contract has no rights to enforce any part of the Contract.
13. TESTIMONIALS AND SOCIAL NETWORKS. The Provider may publish video footage, photographs and other images in the social networks (Facebook, Twitter, Instagram, Linkedin, Tik-Tok and other similar). The Customer is entitled to reject the use of his/her image, data or other aspects that may identify him/her, in accordance to the GDPR.
The Customer may also provide testimonials which may be useful or helpful to other Customers.
In addition to the above, the Provider may use online video sessions through the available internet platforms (Zoom, Skype, You-tube, and other video chat apps).
In those events, the personal details of the Customer shall be treated in accordance to the General Terms and Conditions of those platforms.
14. LANGUAGE. The language of these Terms and Conditions of Sale, as well as any contract for the sale of the Product that we enter with you shall be English, which shall prevail over any other languages the Parties may use for their communication.
15. JURISDICTION. The Contract shall be governed by and construed in accordance with the laws of Spain and shall be subject to the jurisdiction of the Courts corresponding to Marbella, Spain.
16. VARIATION. Any typographical, clerical or other error or omission in any brochure, sales literature, quotation, acceptance of offer, invoice or other document or information issued by the Supplier shall be subject to correction at any time without any liability on the part of the Supplier. No officer, servant or agent of the Supplier has authority to vary this Contract except with the express written consent of the Supplier, and the Customer acknowledges that it does not rely on any such representations which are not so confirmed.
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