GENERAL TERMS AND CONDITIONS

 

1. Scope

These General Terms and Conditions of Sale define the reciprocal rights and obligations in the event of the purchase of products or services by a User (hereinafter referred to as “the Customer” for the purposes of the General Terms and Conditions of Sale).

2. Description of products and services

The products or services are described and presented with the greatest possible accuracy. However, the Seller cannot be held liable in case of errors or omissions in the presentation.

3. Price

Only the indicated prices and the taxes in force at the time of the order apply, subject to availability on that date.

Prices are indicated in euros and do not take into account any delivery costs, which are indicated separately and invoiced before the Customer validates the order.

4. Ordering online

The Customer can optionally complete an order online using an electronic form. By completing the electronic form, the Customer accepts the price and description of the products or services.

5. Confirmation and payment of the order

The Seller remains the owner of the ordered items until receipt of full payment for the order.

 

a. Payment

The Customer carries out payment at the time of final validation of the order using the chosen payment method. This validation applies instead of a signature.

When an order is placed, the purchase is generally final. As a rule, the Seller makes the products and services specifically for the Customer. As soon as the order is placed, the time required to execute it is reserved and the entire training is prepared. Consequently, full payment for the entire sessions is due, even in the event of cancellation or absences.

 

The Seller also reserves the right to refuse an order from a Customer who has not (completely) fulfilled a previous order or who is in a dispute over payment.

 

b. Confirmation

Upon receipt of the validation of the purchase with payment, the Seller will send the purchase to the Customer, together with an invoice, unless the latter is delivered with the order.

 

6. Evidence

Evidence of communications, orders and payments between the Customer and the Seller are shown by automated records, which are kept in the Seller’s computer systems in reasonably secure conditions.

Orders and invoices are archived on a reliable and durable medium, that in particular is considered as evidence.

7. Delivery

Delivery only takes place after confirmation of payment by the Seller’s bank.

 

The products are delivered to the address indicated by the Customer on the online order form. Additional costs as a result of incomplete or incorrect information from the Customer will be charged to the Customer.

 

Delivery takes place, depending on the method chosen by the Customer, within the following deadlines:

 

• Belgium and the Netherlands: within two to three working days;

• Europe: within three to seven working days;

• outside Europe: within seven to ten working days.

 

Delivery times are indicative. In the event of late delivery, no compensation can be claimed from the Seller or the carrier.

 

a. Checking the order

Upon receipt of the products, the Customer or the recipient must check that the delivered product is in good condition or that the service provided is in conformity.

In the event that one or more of the ordered products are missing or damaged, the Customer or the recipient must formulate the necessary reservations with the carrier at the time of delivery and notify the Seller immediately.

Verification is deemed to have taken place as soon as the Customer or a person authorised by the Customer has accepted the order without reservation.

Any reservation not made according to the rules defined above and within the set time limits will not be taken into account and releases the Seller from any liability towards the Customer.

 

b. Error in the delivery

In the event of a delivery error or non-conformity of the products with the information on the order form, the Customer must inform the Seller within three working days after the delivery date.

 

Any complaint not submitted within this deadline will not be taken into account and releases the Seller from any liability towards the Customer.

 

c. Returns and exchanges

The product to be exchanged or refunded must be returned to the Seller in full and in its original packaging, using the following method and details:

 

return shipment within eight days to the address:

Nachtegaalstraat 52, 2060 Antwerp, Belgium.

 

Any complaint and any return not made according to the rules defined above and within the set time limits will not be taken into account and releases the Seller from any liability towards the Customer.

 

Every product to be exchanged or refunded must be returned to the Seller in full and in its original packaging.

 

The costs for the return are at the expense of the Customer.

8. Liability and warranties

The Seller guarantees that the products conform with the contract in accordance with the legislation in force at the time of conclusion of the contract.

 

The Seller does not provide medical or psychological assistance of any kind and cannot make medical diagnoses or analyses.

 

The Customer remains fully and exclusively responsible for determining his/her health and fitness to use the purchased products and/or services and for the consequences of using them correctly or incorrectly (for example physical and/or psychological defects, food allergies, etc.).

 

The Seller does not accept any liability whatsoever for damage caused by or in connection with the products delivered or services provided, unless the Customer demonstrates that the damage was caused by intent or gross negligence on the part of the Seller.

9. Right of withdrawal

This article only applies if the Customer is a consumer. If the Customer is a consumer, he/she can exercise his/her legal right of withdrawal and cancel the contract within fourteen working days after the delivery of the goods (the date they are taken into possession) or within fourteen days after the conclusion of the service contract.

 

a. Returns and refunds

This section only applies if the purchase is for goods that are not personalised or custom-made.

 

The right of withdrawal does not apply to products/services that are custom-made or personalised, as these are made or prepared specifically for the Customer (such as all coaching and/or training sessions and/or nutritional advice and/or meal plans).

 

After notification of his/her decision to withdraw from the contract, the Customer has fourteen days to send or return the goods.

 

The Customer may request a refund of the returned product at no additional cost. The costs of return, however, remain at the expense of the Customer.

Products can only be accepted for return or exchange if they are still complete, intact and in their original condition, in particular with complete, intact packaging and in resellable condition.

 

The Seller will reimburse the Customer for all amounts paid, including delivery costs, within fourteen days after the return of the goods or the sending of proof of dispatch of the goods.

 

b. Exceptions to the right of withdrawal

Any withdrawal that is not carried out according to the rules and time limits in this article and applicable legislation will not be taken into account and releases the Seller from any liability towards the Customer.

 

If the order relates in whole or in part to the delivery of digital content that is not delivered on a tangible medium, the Customer expressly agrees that the contract can be executed immediately. The Customer hereby acknowledges that he/she loses the right of withdrawal if the contract is executed immediately.

 

If the order relates in whole or in part to the provision of services, the Customer expressly agrees that the Seller can immediately execute the services. The Customer hereby acknowledges to waive his/her right of withdrawal as soon as the Seller has fully executed the contract.

10. Data protection

The Seller will retain proof of the transaction, including the purchase order and invoice, in its computer systems in reasonably secure conditions.

 

The Seller assures its Customer that personal data will be protected in accordance with the privacy policy available on the website.

11. Force majeure

Force majeure applies if the Seller is wholly or partially prevented from executing the order due to an unforeseen circumstance beyond its control.

In the event of force majeure, the Seller is entitled to suspend the execution of the order in whole or in part for the duration of the force majeure. The Seller must immediately notify the Customer of such a circumstance.

12. Independence of the provisions

If one or more provisions of these General Terms and Conditions of Sale are declared illegal or null and void, the remaining provisions remain in full force.

 

The illegality or the total or partial invalidity of a provision of these General Terms and Conditions of Sale shall not affect the validity and application of the other provisions.

 

The Seller reserves the right to replace the illegal or invalid provision with a valid provision with the same purpose.

13. Applicable law and jurisdiction

These General Terms and Conditions of Sale are governed by Belgian law.

 

In the event of a dispute and in the absence of an amicable solution, the dispute will exclusively be submitted to the courts of the judicial district of the registered office of the Seller.

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