- "Party/Parties": us and/or we;
- "Product": all goods offered for sale on the Website, including educational videos;
- "Service": all live online coaching sessions offered through the Website;
- "Consumer": the client who is a consumer within the meaning of article I.1,2° WER, i.e. a natural person, acting for purposes that are outside his trade, business, craft or profession;
- "Professional Customer": any natural or legal person who enters into an Agreement with us and who acts for purposes that fall within his business or professional activity;
- "You/Your": any natural person or legal entity who is or will be in a contractual relationship of any kind with us, including, but not limited to: Consumers and Professional Customers.
- "Website": http://bitless-art-of-riding.c...
2. OUR IDENTIFICATION
Who we are:
- Reynvoet, Georges
- Asserweg, 33
- 3690 Zutendaal
- VAT: BE 0697.555.308
- Reachability: From Monday until Friday
- Telephone number: +32 478 36 24 45
- E-mail address: firstname.lastname@example.org
4. OFFER AND ACCEPTANCE
- We make all reasonable efforts to make information about the features of the Products and Services, and illustrations of the Products, as accurate as possible to the extent permitted by technical means. Certain non-substantial characteristics of a Product may on delivery differ from the photographs and descriptions displayed on the Website.
- We cannot guarantee that all Products and Services will be available at all times. If you order a Product through the Website that is out of stock or if you order a Service through the Website that we are unable to provide, we will inform you as soon as possible by email and you will have the right to cancel your order. We will not be liable for the temporary or permanent unavailability of any Product or Service on our Website and/or for any damage that would result from the unavailability of a particular Product or Service. We may apply specific terms and conditions to a particular offer, such as a limited period of validity. Such specific terms and conditions will only apply if expressly communicated in advance of the order.
- We are not bound by an offer if this offer is clearly affected by a mistake or error. Obvious or obvious errors in the quotation, such as obvious inaccuracies, can, to the extent permitted, also be corrected after the conclusion of the contract. We cannot be held liable for any (printing) errors in our prices or conditions.
- Your acceptance of our offer with respect to the Products and Services is made by placing an order on our Website. This purchase is binding. We will send a confirmation of the order to the email address you have provided, no later than within the 2 calenda days. If you have placed an order with respect to our Services, we will contact you as soon as possible after the order confirmation to set a date for the Service to be performed.
- We reserve the right to refuse an order due to a serious breach by you in relation to the order in which you are involved or if we are unable to assist you further.
- In accordance with Economic Law Code, the Parties expressly acknowledge that electronic forms of communication create a valid Agreement. We may use any electronic file at our disposal, within the limits of the law, to prove the existence of the Agreement. An ordinary, digital or electronically qualified signature is not an essential requirement of proof.
5. OUR PRICES
- The prices of our Products and Services are listed on the Website and are pegged at the time of ordering. The indication of the price refers only to the Products and Services as they are described verbatim. The accompanying photos are decorative and may contain elements that are not included in the price. All prices mentioned there are expressed in EURO and are inclusive of VAT and any other taxes or duties to be borne by you. Any other costs charged will be stated separately.
- We have the right to change the prices at any time, but we undertake to apply the rates indicated on the Website at the time of your order or when you book an appointment. However, if the price change is due to changes in VAT rates, it will be charged to you.
- In principle, each payment will be processed immediately and in full, from the moment you place the order. For the payment of our Products and Services, we accept, Credit Card, Bancontact, iDeal. If you choose to pay for our Products or Services by bank transfer, we expect payment to be made within five (5) business days of placing the order into account number BE05 0688 9929 1875, with the exception of Services where payment must be completed prior to the scheduled appointment.
- We can expand the payment options in the future. We will take all reasonable measures to ensure the security of your online transactions. We provide security through the use of specialized parties such as authorized credit card issuers and payment partners.
- We postpone our delivery obligations until receipt of full payment of all amounts owed by you. We will at all times retain title to all Products ordered until full payment of all amounts due under the Agreement has been made, regardless of whether delivery has already taken place.
- If you have chosen to pay for our Services by bank transfer and we have not received your payment on time and/or in full by the date of your appointment, we will be entitled to suspend performance of our Service until we have received effective payment.
7. DELIVERY AND EXECUTION
- We will process any order relating to our Products and Services as soon as possible.
- If you have placed an order in respect of our Products, we will use all reasonable endeavours to deliver your order in respect of our Products within two (2) calendar days for digital content and within four (4) weeks for all other goods.
- It is your responsibility to enable delivery of the Products to the agreed location in your presence or in the presence of a third party nominated by you. Delivery will be deemed to have taken place once the Products ordered have been presented to you. If an offered delivery is unsuccessful due to a failure on your part or due to a failure on the part of a third party designated by you, you will bear the full cost of any new delivery attempt.
- We rely on reliable external parties for the delivery of our Products, in particular DPD, TNT, FEDEX. The use of external parties may have an influence on the delivery. In the event of an undelivered sent order, an investigation will immediately be carried out at the carrier. This takes several days and no refund or other shipment can be made.
- If we are unable to deliver the Products at the agreed time or within the ten (4) weeks you shall request delivery within an additional period which is appropriate to the circumstances. If we fail to deliver within the additional period, you will be entitled to terminate the Agreement. In such case of termination, we will refund all amounts paid as soon as possible and at the latest within fourteen (14) calendar days after termination of the Agreement. Exceeding the delivery period does not give rise to any other (compensation) compensation.
- Until full payment has been received, the delivered Products remain our exclusive property. However, the risk of loss or damage shall pass to you as soon as you (or a third party designated by you) take physical possession of the Products. Please note, however, that although you will retain ownership of the Product after payment in full, you will not retain our intellectual property rights (as referred to in Clause 13 (Intellectual Property). Such intellectual property rights shall at all times remain vested in us or our licensors.
- You undertake, if necessary, to inform third parties of our above retention of title, e.g. to anyone who would seize items not yet fully paid for. In this regard, you undertake to notify us immediately in writing of any seizure by a third party of the delivered products.
- If you have placed an order concerning our Services, we will perform the Service on the date agreed when making an appointment. The date of execution of the Service can be found in the confirmation of your appointment that we will send you.
- Prior to the execution of the Service, you will receive a unique security link via the e-mail address provided by you. You can use this security link to log on to the Zoom or Skype application at the agreed time, when performance of the Service will commence. By using the application, you expressly agree to the terms and conditions of the Zoom or Skype application. However, we cannot guarantee that the Zoom or Skype application will work at all times. We use the Zoom or Skype platform "if available" and "with all faults".
- Prior to the execution of the Service, you must provide us with a video by means of a link to the YouTube platform on which you uploaded the video. This image is used solely for the purpose of analysing your techniques in order to provide appropriate coaching. By using the YouTube platform, you expressly agree to the terms and conditions of the YouTube platform. The video will only be opened during the execution of the Service. You declare that you have received all rights to the video in question in order to share it with us and, if necessary, you indemnify us against all claims from third parties who may suffer damage as a result of sharing the video.
- It is your responsibility to enable delivery of the Service at the agreed time. If you cancel your appointment in advance, you have the right to make a new appointment. However, if you cancel your appointment less than 24 hours prior to the agreed time, or if the delivery of the Service cannot be performed at the agreed time due to a shortcoming on your part (such as a no-show), then the payment already received by us is deemed to be fully acquired.
- If we are unable to make your appointment at the agreed time, you will request us to make a new appointment within an additional period of time that is appropriate in view of the circumstances. If we also fail to give you a new appointment within this additional period, you are entitled to terminate the Agreement.
8. RIGHT OF WITHDRAWAL
- On the basis of the right of withdrawal, if you are a Consumer, you may still renounce the purchase within fourteen (14) days from the day following the delivery of the Product. When providing Services, you may exercise your right of withdrawal within fourteen (14) days from the day following the conclusion of the Agreement. You are not obliged to pay any compensation or to state a motive. Of course, we would like to hear your feedback so that we can improve our services.
- If you have agreed that the performance of the Services commences during the withdrawal period, this shall be deemed a waiver of your right of withdrawal.
- If you wish to exercise the right of withdrawal, you must inform us. For this purpose you can use the withdrawal form that you can find hier or you can inform us by e-mail, in writing and explicitly. This notice must be given within fourteen (14) calendar days from the day of (physical) receipt of the Products or from the day of conclusion of the Agreement relating to the Services. If you have purchased both Products and Services in a single order, you must provide such notice within fourteen (14) calendar days from the date of (physical) receipt of the Products.
- If you exercise your right of withdrawal, you will be responsible for the cost of returning the Products. You will also be responsible for the cost of returning the Products if they cannot be returned by regular mail due to their nature. You will take all reasonable measures to ensure that the Products reach us in good condition..
- The Consumer is not entitled to exercise his right of withdrawal in the following cases:
- Service contracts after the service has been fully performed if the performance has begun with the Consumer"s prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the trader (Article VI.53, 1° WER);
- The supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer"s prior express consent and his acknowledgment that he thereby loses his right of withdrawal (Art. VI.53, 13° WER).
- The Consumer is liable for any reduction in the value of the Products resulting from the handling of the Products that goes beyond what is necessary to determine the nature, characteristics and functioning of the Products. We are entitled to charge the cost of the reduction in value in proportion to the refund.
9. STATUTORY WARRANTY
- The Consumer has a statutory warranty of two years. He can exercise this right if the purchased Product does not correspond to the requested good. However, he may not invoke the legal guarantee for changes in delivery times or place or for defects of which you were aware at the time of the sale.
- The statutory warranty may be invoked if the non-conformity of the delivered Product is determined within 2 years from the delivery of the Product. The statutory warranty starts from the delivery of the Product to the Consumer.
- If the Product becomes defective within the first six months after delivery, it is assumed that the defect has existed since delivery. We shall have to prove otherwise if we do not agree. If the Product is found to be defective more than six months after delivery, the Consumer must prove that the Product was not in conformity at the time of delivery.
- If the Consumer wishes to make use of his guarantee, he must inform us as soon as possible, and at the latest within two weeks after discovery of the defect. This can be done via email@example.com. We will then ask the Consumer to provide us with all the necessary information (pictures may be used).
- This warranty includes the repair or replacement of the defective Product. However, if it should appear that the repair or replacement is not possible, disproportionate for us or would cause you serious inconvenience, we undertake to grant you an appropriate price reduction or, in the event of serious non-conformity, to terminate the Agreement and refund the full price, subject to return of the Product.
- The statutory warranty as well as the warranty for hidden defects does not apply to:
- damage caused by normal wear and tear, unintentional or deliberate changes made by you to the Products, including improper and incorrect use and exposure to moisture, fire, earthquake and other external causes;
- damage caused by installation and use in a manner not in accordance with the instructions and information provided;
10. CUSTOMER SERVICE
- We strive to keep our customers satisfied. Our customer service is therefore at your disposal at the telephone number +32 478 36 24 45, by e-mail at firstname.lastname@example.org or by post at the following address: Asserweg, 33 – 3690 Zutendaal. Any questions, complaints or comments about Products, the ordering process or the use of the webshop can be directed to this address.
- To the extent permitted, we cannot be held liable for indirect or consequential damages. Unless excluded by mandatory law, we shall only be liable for damage caused by our failure to comply with our obligations if and to the extent that such damage is caused by our wilful and serious fault. We are not liable for any other errors.
- Should we nevertheless be held liable, the amount of the compensation will be limited to the total amount paid by you for the Products or Services purchased.
12. PROTECTION OF PERSONAL DATA
13. INTELLECTUAL PROPERTY
- We guarantee to have the necessary rights to offer our Products and Services. All intellectual property rights and derivative rights in these Products and Services remain with us and/or the actual entitled party. These intellectual property rights are understood to mean copyright, trademark, design and model rights and/or other (intellectual property) rights, including whether or not patentable technical and/or commercial know-how, methods and concepts.
- The content of the Website is our property. This includes: texts, graphics, photographs, images, moving images, sounds, illustrations and software. The content is protected by copyright or other rights. It is prohibited to copy, publish, reproduce or otherwise use this content without written permission from us.
14. FORCE MAJEURE
- In the event of force majeure, these obligations will be suspended and we will make all reasonable efforts to limit the consequences of the force majeure situation. In the event that the Force Majeure lasts longer than two (2) months, either Party shall be entitled to terminate the Agreement by giving written notice to the other Party, without the Parties owing each other any compensation (except for the refund of the Product paid by you and not delivered).
16. APPLICABLE LAW/COMPETENT COURT