Terms and Conditions
preface
The experts at Revive Coaching BV (KBO: 0779359069) guide people towards a healthier lifestyle through personalized 'nutrition' and 'lifestyle' advice.
Consultations take place in:
Medikoplus
Heirweg 248
8500 Kortrijk
Evergem Medical House
Dr. The Block
Hooks 36
9940 Evergem
The registered office of Revive coaching BV is located at :
Orange Avenue 4
9030 Mariakerke
The general email address of Revive Coaching VVZRL: info@revivecoaching.be
The Client reads and accepts the following General Terms and Conditions used by our practice:
Article 1. Application
These general terms and conditions apply to all offers, consultations, group consultations, products, online webinars, training courses and / or other agreements with Revive Coaching, to the exclusion of other or opposite conditions, unless a different agreement is expressly drawn up between the Client and Revive Coaching. .
These general terms and conditions can be changed by Revive Coaching, updates will be published on the website.
Contact with Revive Coaching is strictly confidential.
Revive Coaching protects your personal data. Any contact with Revive Coaching is confidential, except when this would not be possible due to the nature of the activity. With a group consultation / Webinar you accept that you participate in a group consultation.
The Client acknowledges and accepts the privacy policy of Revive Coaching. This privacy policy can be found on the website of the practice.
Article 2. Offer and acceptance
A (digital) offer via any remote channel (website, social media, ..) is without obligation, as long as stocks last and indicative. Revive Coaching always has the right to adjust the rates and / or these conditions. When you as a Customer accept the current offer or register, accept the conditions and you subsequently receive a confirmation from Revive Coaching, this is binding for you.
Revive Coaching works together with Partners who offer tests / studies. The service of Revive Coaching exists and is limited to analyzing these tests and providing information to the Client. No medical claims are made, nor may these tests be used in a legal context, the use is for informational purposes only. With regard to the tests, the Client also becomes a Client of the Partners and agrees to their conditions, additional documents may have to be signed for this. The Client undertakes to use the instructions of these tests and products in a proper manner and to provide correct and complete information to Revive Coaching.
As a Customer you accept electronic communication in this regard. Reorders or additional consultations are not included in this and are made at the prevailing prices at the time of the order, unless otherwise agreed. Revive Coaching is not bound by its offer if the offer, or part, contains an obvious material mistake or error.
Revive coaching reserves the right to refuse or cancel an order or a delivery in the event of (i) an existing legal dispute with a Client or, (ii) refusal of authorization of the payment by the financial body that controls the payment or (iii) for serious cause or apparent misuse of products. In these cases, Revive Coaching cannot be held responsible in any way except in the case of fraud or serious error by Revive coaching.
Given our limited availability, we ask you to plan your appointments 1-1 properly. If an appointment is nevertheless canceled, this must be done at least 48 hours in advance; Appointments that are not canceled in time will be charged.
Specific rules apply to group coaching, since you reserve your place in the group when you register. Please note: your registration is only guaranteed after payment. In case of cancellation (also in case of force majeure) we do not provide a refund of the amount already paid. You can let someone else go in your place or register in a group at a later time. An administrative fee of € 20 is charged for a rebooking. In case of cancellation on our part, the amount will be transferred back. However, this happens exceptionally. An individual program can then be an alternative.
Article 3. Price
The price depends on the chosen offer, product or service. The Customer can always consult the current quotation on the website. The prices shown are in euros and include VAT, the costs are shown during the purchase procedure.
Any additional orders, services, products or others will be indicated separately and will be charged per hour or in accordance with the applicable prices of the product.
Article 4. Payment and direct debit
Payment is made by electronic payment. After confirming the order, the Customer chooses one of the proposed payment mechanisms.
If payment by direct debit has been agreed, the Customer will agree by paying the first fee. The Customer hereby approves SEPA direct debit. After that, the monthly payment will be made one month afterwards. Revive Coaching will always issue an invoice for this.
All Revive Coaching invoices are payable net in cash at the registered office on the due date without discount unless otherwise agreed. The Client accepts that Revive Coaching will send the invoices digitally to the specified email address of the Client.
Each payment is charged to the oldest overdue invoice, and first to the compensation, interest and costs due. Revive Coaching reserves the right at all times to charge advances (up to 100%) or interim performances to the Client or to demand additional guarantees from the Client.
Any delay in payment by the Client makes all amounts due by operation of law and without notice of default and gives Revive Coaching the right to suspend further performance of the services.
If the permitted payment term is exceeded, an interest of 12% per year from the due date of the invoice will be owed on the amounts due, ipso jure and without any prior notice of default, until the moment of full payment. In addition, any amount unpaid on its due date by way of lump sum damages is automatically and without notice increased by 12% with a minimum of 150 euros even if grace periods are granted. This article applies without prejudice to the right of Revive Coaching to demand a higher compensation subject to proof of higher actual damage.
Each protest must be sent by registered letter to Revive Coaching within a period of 8 days and must explain the reason for the protest. In the absence of a timely protest, the invoices have been definitively accepted and full payment is due. The protest does not suspend the Customer's obligation to pay.
Article 5. Right of withdrawal for the consumer
Services purchased from Revive Coaching
The right of withdrawal is in any case excluded for non-consumers.
In the case of a distance contract, the Consumer has a period of at least 14 days within which the contract can be revoked, without payment of costs other than those provided for by law and without giving any reason. Beware, an exception may apply, which you can consult in the next section.
To exercise the right of withdrawal, the Consumer must inform Revive Coaching by means of an unambiguous statement of the decision to withdraw from the agreement. The Consumer can use the following form for this:
" On: info@revivecoaching.be
To: [address], tel: [number], e-mail: [e-mail]:
I / we (*) share / share (*) hereby inform you that I / we (*) revoke / revoke our agreement regarding the sale of the following goods (*): - ordered on / received on (*) - your name / names: - Your address: - Your signature (only if this form is submitted on paper) - Date (*) Delete where not applicable. "
Consequences of the withdrawal:
If the Consumer cancels the agreement, you will receive back from us all payments made at that time, including delivery costs, without delay and in any case no later than 14 days after we have been informed of your decision to cancel the agreement.
Exceptions to the right of withdrawal:
However, this right of withdrawal does not apply in the art. VI 53 of the Code of Economic Law in certain cases.
The Consumer can exercise the right of withdrawal in which Article VI. 47 Code of Economic Law does not provide for exercise for service contracts after full performance of the service if the performance has started with the Consumer's explicit prior consent and provided the Consumer has acknowledged that he will lose his right of withdrawal once the company has fully performed the contract.
As soon as information has been made downloadable and the course / coaching / info can be viewed, the Client accepts that the service has been completed.
Services: 1-1 consultations, workshops, group coaching, webinars, e-books ... are therefore excluded from the right of withdrawal once they have been made available.
When registering online for the services of Revive Coaching, the Client does not have a right of withdrawal as stipulated in Article VI.47 Economic Law Code. The sale of a place within, for example, a workshop / service / 1-1 coaching is always done by name or is carried out immediately and is therefore excluded from the right of withdrawal.
Products purchased from Revive Coaching:
The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason (s).
The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or: (a) if the consumer has ordered several products in the same order : the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times; (b) if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part; (c) in the case of contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
In accordance with Article VI.53 of the Code of Economic Law, the right of withdrawal can not are exercised for:
-
- the delivery of goods that may spoil quickly
- the delivery of sealed goods that cannot be returned for hygienic and health reasons and that have been unsealed by the consumer after delivery.
The Customer accepts that if the packaging of, for example, food supplements has been opened, they cannot be returned.
As part of your supervision, it may be possible that tests are taken so that tailor-made advice can be provided (DNA test, Microbiome).
The right of withdrawal is excluded for these tests, as the goods cannot be returned for hygienic and health reasons. These tests must be destroyed when returned. These tests can only be revoked before they are sent. After all, this is part of a service that can already be considered completed. The Customer accepts this point.
The costs for the return are borne by the Customer
When exercising the right of withdrawal, as described above, Revive Coaching undertakes to count the purchase price and the delivery costs within fourteen (14) calendar days from the day on which the customer announces that he wishes to make use of his right of withdrawal.
The reimbursement is made according to the rules established by the financial organization responsible for the payment method chosen by the buyer.
As far as possible, the products are returned in the same condition in which they were deliveredso that resale is possible (original packaging not damaged), accompanied by the package insert and other documentation to the above address, together with the original sales invoice, of which the purchaser keeps a copy. The buyer who has exercised his right of withdrawal returns the products in the identical condition in which they were delivered, so that they can be resold.
In case of abuse of the right of withdrawal, Revive Coaching reserves the right to refuse subsequent orders from the same buyer.
Article 6. Delivery
The modalities and cost of delivery are shown during the order. Revive Coaching makes every effort to ship the orders as quickly as possible so that they arrive within the expected delivery time as shown during the ordering process. However, the delivery terms are not binding with regard to Revive Coaching.
The transfer of the risk from Revive Coaching to the Client takes place at the time of delivery. Each order is delivered according to the delivery method chosen by the Customer.
It is the responsibility of the Customer to inspect the package and the product at the time of delivery and to pass on any comments or complaints as soon as possible and possibly to refuse the package if it has been opened or shows signs of damage.
Article 7. Retention of title
The ordered products remain the property of Revive Coaching until full payment of the purchase price and any costs.
Article 8. Liability
Revive Coaching has a best efforts obligation with regard to the Client. In the event that Revive Coaching could not invoke the above liability limitation, the liability of Revive Coaching will be limited, also in the context of protection of personal data, to the direct damage caused by serious error or fraud and a maximum of the amount of the service or product.
Revive Coaching works together with Partners who offer tests / studies. The service of Revive Coaching exists and is limited to analyzing these tests and providing information to the Client. No medical claims are made, nor may these tests be used in a legal context, the use is for informational purposes only. The Customer thus becomes a Customer of the Partners with regard to the tests and agrees to their conditions. The Client undertakes to use the instructions of these tests and products in a proper manner and to provide correct and complete information to Revive Coaching.
The Customer is fully and exclusively responsible and liable for the consequences of not filling in data, incorrectly or incompletely and providing incorrect or incomplete information by the Customer and / or other persons to be tested. The Customer is fully and exclusively responsible and liable for the correct and complete information and obtaining the consent of all persons to be tested or (in the case of minors, their legal representative.
Revive Coaching is not responsible for any technical defects in the packaged products or for incorrect statements in the manufacturer's package insert. Revive Coaching can also not be held liable for damage of any kind resulting from improper use of the commercialized products, nor for possible changes in the products, made by the manufacturers or when the Customer has communicated or omitted incorrect information.
Article 9. Website Disclaimer
The information on the website is of a general nature. The information is not adapted to personal or specific circumstances and can therefore not be regarded as personal, professional advice to the user.
Revive Coaching makes great efforts to ensure that the information provided is complete, correct, accurate and updated. Despite these efforts, inaccuracies may occur in the information provided. If the information provided contains inaccuracies or if certain information on or via the site is unavailable, Revive Coaching will make every effort to rectify this as soon as possible. Revive Coaching, however, cannot be held liable for direct or indirect damage resulting from the use of the information on this site.
If you should discover inaccuracies in the information made available through the site, you can contact the site administrator.
The content of the site (including links) can be adapted, changed or supplemented at any time without notice or notification.
Revive Coaching does not guarantee the proper functioning of the website and can in no way be held liable for a malfunction or temporary (un) availability of the website or for any form of damage, direct or indirect, that would result from the access or use of the website.
Revive Coaching can under no circumstances be held liable to anyone, directly or indirectly, in any special or other way, for damage due to the use of this site or of another, in particular as a result of links or hyperlinks, including, without limitation of all losses, work interruptions, damage to programs or other data on the computer system, of equipment, software or other of the user.
The website may contain hyperlinks to websites or pages of third parties, or refer to them indirectly. Placing links to these websites or pages in no way implies an implicit approval of their content.
Revive Coaching explicitly declares that it has no control over the content or other characteristics of these websites and can under no circumstances be held liable for the content or characteristics thereof or for any other form of damage resulting from their use.
Article 10. Intellectual property rights (confidentiality, reputation)
The content of this site, including brands, logos, drawings, courses, powerpoints, data, product or company names, texts, images, etc., are protected by intellectual rights and belong to Revive Coaching or entitled third parties.
When online coaching is given, access will often be given to an online platform. The access and login details are personal and may not be shared with third parties.
The Client will not damage Revive Coaching's public reputation. The parties will be bound to observe a complete confidentiality obligation. This confidentiality obligation will apply during the term of the agreement and after, unless otherwise agreed.
If the Client acts in violation of these terms and conditions or acts unlawfully or causes damage to Revive Coaching, the latter is entitled to deny access or to suspend services, without prejudice to the compensation that Revive coaching can claim for this from the Client.
Article 11 Dissolution of the agreement
In the event of death, bankruptcy, incompetence, manifest insolvency, suspension of payment, reorganization, dissolution, change of company or any fundamental change in the legal status of the Customer or in the absence of payment for a single delivery, the making the suitable materials / information / data available within the period of 7 days after e-mail about the delay already incurred or in the event of non-compliance with the stipulated special payment conditions, Revive Coaching reserves the right, whether the contract is dissolved by operation of law. or to suspend deliveries and / or to discontinue further orders. This without the Client being able to claim any compensation for this.
In such event, the compensation is due as stipulated in the fourth paragraph of article 12 by the Customer, without prejudice to the right to claim additional compensation. It is sufficient for Revive Coaching to express its explicit intention to do so by registered letter. If the coaching / services were suspended by Revive Coaching, Revive Coaching itself determines when it will resume the performance, without owing any compensation for this. In any case, in the situations as stated above, Revive Coaching can demand immediate payment of all services and expenses performed. If, for whatever reason, the assignment is terminated prematurely, the Client is not permitted to use the designs / developments made available to him.
If Revive Coaching suffers any damage due to the suspension (both direct and indirect), the Client will have to compensate this.
If the agreement is terminated in whole or in part by the Customer, except in the situations described in the conditions above, he will owe a fee equal to the performances already performed, occupied workshop space and the products already purchased to perform the services. increased by compensation of 1/3 of the agreed or cost-plus price of the canceled order by way of minimum compensation. Under no circumstances can sums already paid be reclaimed.
Article 12 Nullity and force majeure
If any provision of these general terms and conditions is void, the other provisions will remain in full force and Revive Coaching and the Client will in mutual consultation replace the void provision by another provision that approximates the purpose and scope of the invalid provision as closely as possible.
When Revive Coaching, due to force majeure, is unable to perform the assignment, Revive Coaching has the right to cancel the assignment by simple written notification to the Client. Under no circumstances can sums already paid be recovered unless this would be manifestly unreasonable. In that case, Revive Coaching will not owe any compensation to the Client. The following are considered as cases of force majeure: natural conditions, pandemic, lockdown, strike or lock-out, fire, flood, seizure, embargo, hacking or total power failure, internet fall-out, shortage of means of transport, insufficient deployability of the involved executives ( eg as a result of illness, incapacity for work, strike, ...) and this regardless of whether the force majeure occurs at Revive Coaching or one of its suppliers.
Article 13 Applicable law - competent court
Belgian law applies to the agreements of Revive Coaching. The general terms and conditions have been drawn up in Dutch, when interpreting the translations available, the Dutch version always takes precedence.
Any dispute regarding the conclusion, validity, execution and / or termination of the agreement between Revive Coaching and the Client will be settled by the competent Court of West Flanders, Kortrijk division.
You can also opt for online dispute resolution. If the Customer is a consumer within the meaning of the Economic Law Code, the national competent authority of his choice will be competent via the 'Online Dispute Resolution Platform' https://ec.europa.eu/consumers/odr.
REVIVE COACHING
November 2020
