TERMS AND CONDITIONS
We are: Amber de Tollenaere (trading as: A Different Track), with registered office at 2990 Wuustwezel, Koersdreef 86 and company number 0783.386.747
PART 1 – GENERAL
Article 1 – Definitions
In these general terms and conditions, the following definitions shall apply:
- Offer:all offers and quotations emanating from us, either via the website, via social media or via email.
- Service: the services we provide as Amber de Tollenaere or A Different Track
- Right of withdrawal:the right of a consumer to waive a distance contract within the statutory withdrawal period of 14 days and this in accordance with Article VI.47 ev. WER.
- Effective date:the agreement will commence on the day of registration with subscriptions, when the agreement is signed or when a product/service is purchased.
- Customer:The consumer or entrepreneur who enters into an agreement with us and thereby accepts the general terms and conditions.
- Agreement:the agreement entered into between you as Customer and us.
- Products and services: the online downloads, (digital) workshops and/or webinars, memberships, online pathways (course and online coaching), online courses and products we sell through the website and/or social media
- Written:the written communication such as e-mail or by registered mail where appropriate.
Article 2 – Applicability of general conditions
2.1. In these terms and conditions, we describe the rules under which we, as Service Provider, will provide our services to you, the Customer. These terms and conditions apply to all our quotes, offers, online programs, workshops, pathways, memberships, agreements, services and products, and contain important information about your rights and obligations.
2.2. These general terms and conditions always take precedence over any general terms and conditions of you, the Customer. This insofar as these terms and conditions have not been deviated from in writing.
2.3. The latest version of these terms and conditions apply at all times.
2.4 By using the services of A Different Track (in writing o r verbally), it is assumed that the customer has agreed to our terms and conditions
Article 3 – Offer and acceptance
3.1. The Service Provider always makes an offer through the website, via email or social media. Prices are expressed in euros. VAT will be charged. This offer remains valid as long as the information is available through the website.
3.2. The Service Provider shall always have the right to adjust rates and/or terms and conditions. The offer that existed at the time you, the Customer accepts it, i.e. purchases, is the valid offer.
3.3. The Service Provider cannot be held to its offer if the Customer could reasonably understand that the offer, or any part thereof, contains an obvious material mistake or error, such as an unrealistically high discount or unusually low asking price.
3.4. Upon acceptance of the offer for the provision of a service or product, the Customer immediately agrees to the immediate execution and fulfillment of the contract. The Customer-consumer, hereby waives his right of withdrawal (should it be applicable).
Services or products purchased through the website should be paid for immediately and through the website. For services or products not purchased through the website, the Service Provider will send an invoice, unless otherwise agreed upon. This invoice must be paid within 14 calendar days of the invoice date. In principle, lessons for individuals should be paid in advance.
SECTION 2 – PROVISIONS SPECIFICALLY APPLICABLE TO PHYSICAL AGREEMENTS(Article 4)
4.1. The client must notify us of any impediments to an appointment as soon as possible, but no later than 48 hours prior to the appointment. If the client fails to fulfill this obligation or fails to do so on time, we may charge the client for the entire amount due for the agreed training or coaching. Late notification (after 48h) will be 50% of the agreed training or coaching. For a no show without notice, it is 100% of the agreed amount. The customer may make a subsequent appointment only if this amount is settled.
4.2. If the client shows up at the appointment more than ten minutes later than the agreed upon time, we may cut the lost time from the training or coaching and still charge the entire agreed upon fee.
4.3. We ourselves must notify the client of any impediments to an appointment as soon as possible, but no later than 12 hours prior to the appointment.
PROVISIONS SPECIFICALLY APPLICABLE TO THE PATHWAYS
Article 5- Execution of the agreement and provision of information Customer
5.1. The Service Provider offers different types of services and pathways.
Unless otherwise allegedly agreed in writing, the Service Provider’s work shall consist of providing:
– Private lessons, duo lessons and group lessons;
– Products in the web shop, online courses,…
– Horsemanship and riding/horse advice in the broadest sense of the word
In certain trajectories, there will always be an intake interview will take place first. After that, the Client and the Service Provider can choose whether or not to start the chosen pathway. This will always be explicitly stated per track.
If the Client chooses to start the course, i.e. accepts the offer, there is an obligation to pay the full amount immediately. Even if the track were to be terminated early by the Customer, the Customer will still have to make full payment.
5.2. After the parties reach an agreement, the client will sign an agreement, if necessary. The agreement takes precedence over the provisions of the general terms and conditions. If the route is offered through the website, the Customer must always accept the terms and conditions before payment can be completed. Once the payment is made, the agreement between Customer and Service Provider starts.
5.3. The Service Provider shall perform the assignment to the best of its knowledge and ability. The Service Provider is not liable for failure to achieve the result the Customer intended. The intended result always depends on the commitment of the Client.
The execution of the agreement shall be by mutual agreement and after written agreement and payment of the amount due.
5.4. The Service Provider can perform the work properly only if the Customer provides all requested information for the performance of the assignment in a timely manner, being during the intake interview or through a questionnaire sent in advance. The Customer therefore guarantees the accuracy, completeness and reliability of the data made available, even if they originate from third parties. The Service Provider will, of course, keep this information confidential.
5.5. If the Customer does not provide the requested data or does not provide it in a timely manner and the execution of the order is delayed as a result, the resulting additional costs shall be borne by the Customer.
5.6. The Service Provider is not liable for damages of any kind due to incorrect or inaccurate data provided by the Customer.
For certain pathways, specific (online) conversations will be scheduled between Client and Service Provider. This will be described in writing in the offer of the course. If the Customer cannot participate in such activity due to illness, the Customer is expected to notify the Service Provider as soon as possible. All appointments must be cancelled no later than 48 hours in advance or the Client will lose the turn or a fee will be charged.
Article 6 – compensation:
The price always depends on the route or product chosen. Prices and payment options are always listed on the Service Provider’s website.
Rates listed include VAT. The agreed rate includes all costs except additional products/services and transportation expenses. Any additional costs will always be indicated separately and shall be borne by the Customer.
6.2. Billing and payment
6.2.1. If payment by direct debit has not been agreed upon, the Participant will transfer the entire amount of the invoice in a single payment to the Service Provider’s account number BE98 7350 5977 2293, indicating the invoice number, found at the bottom of the billing. The invoice must be paid within 14 days.
In addition, the customer can also opt to pay the invoice online through the given options on the Service Provider’s website.
6.2.2. In the event of non-payment or non-payment of the invoice within the stipulated period, all outstanding invoices shall become immediately due and payable by operation of law and without notice of default, and the Customer shall be liable to pay interest on arrears at the rate of 10% per annum on the invoice amount as well as liquidated damages at the rate of 10% with a minimum of €150.00 from the due date. In case of partial payment, full compensation remains due.
6.3.1. The monthly fee, unless otherwise agreed, will be paid either via SEPA European direct debit or invoice, monthly in advance. The first monthly fee is paid immediately and with this the customer gives her approval for the SEPA direct debit.
After that, the monthly payment will be made one month after each time (e.g., October 1 enrolled, the next payment will go off the account on November 1). The Service Provider will always register an invoice for this purpose.
6.3.2. If the participant fails to pay on time, the Service Provider is entitled to discontinue the Service until the amount due is received. The obligation to pay remains undiminished in this situation.
6.3.3. In the event of non-payment or non-payment within the stipulated period, all outstanding invoices shall become immediately due and payable by operation of law and without notice of default, and the Customer shall be liable to pay interest on arrears at the rate of 10% per annum on the invoice amount as well as liquidated damages at the rate of 10% with a minimum of €150.00 from the due date. In case of partial payment, full compensation remains due.
Article 7 – Modification or termination of the agreement.
7.1. The duration always depends on the chosen course/product. The Service Provider will always inform in advance how long the process will take. This information is also always made available through the website.
In principle, the agreement cannot be terminated early. The purchased track has a term as stated at the time of purchase and as included in the special conditions. By purchasing the track, Client agrees that the entire track must be paid for, even if Client wishes to cancel during the track.
If the Customer chooses to cancel the itinerary, he/she is not entitled to any refund.
7.2. The Service Provider is entitled to immediately terminate the agreement in whole or in part without any obligation to pay damages if the Customer does not, or only partially, fulfill its obligations under the agreement. The Service Provider can only properly perform its services when the Customer fulfills its contractual obligations.
Article 8 – Liability
The Service Provider shall always endeavor to perform the Agreement to the best of its knowledge, ability and in accordance with the requirements of good workmanship. The Customer acknowledges that the Service Provider has only an obligation of effort and not an obligation of result.
The Service Provider has the right to engage third parties for the performance of this agreement. The Service Provider has selected these third parties with the utmost care in order to achieve a good quality of performance.
A Different Track excludes any liability to its customers or any third person, with the exception of its possible liability to its customers for willful misconduct or gross negligence.
Each customer is responsible for personal accidents and their personal belongings.
Using the equipment provided, following a program or course components and/or activities of any kind is entirely at the customer’s own risk.
The customer is liable for damage caused to property of A Different Track or its appointee.
PART 3 – PROVISIONS APPLICABLE TO THE SALE OF E-BOOKS, ONLINE COURSES, WORKSHOPS AND PRODUCTS
Article 9 – Right of withdrawal
9.1. The provisions of this article apply only to these Customers who purchase items online in their capacity as consumers.
The Customer has the right to cancel the purchase of the physical products purchased within a period of 14 calendar days. Service Provider has the right to ask Customer about the reason for withdrawal, but Customer is not obliged to provide a reason.
The cooling-off period from the previous paragraph starts the day after the Customer, or a designated third party, receives the confirmation e-mail.
9.2. Exceptions: The right of withdrawal does not apply to online pathways, courses and e-books. The rescission of downloads and other deliveries of digital content, not delivered on a tangible medium, is thus not possible when the Customer has expressly consented to the commencement of the performance of the contract before the end of the cooling-off period prior to delivery and has acknowledged losing the right of rescission when giving this consent.
Article 10 – Exercise of the right of withdrawal.
10.1. To exercise the right of withdrawal, the Customer must inform the Service Provider of his/her decision to withdraw from the contract by an unequivocal statement (e.g. in writing by mail, or by e-mail). This communication must reach the Service Provider before the withdrawal period has expired.
To comply with the withdrawal period, the Customer must send his communication concerning his exercise of the right of withdrawal before the withdrawal period has expired.
10.2. The Customer must return the goods to the Service Provider without delay, but in any case no later than 14 calendar days from the day on which he communicates his decision to withdraw from the contract. The Customer is on time if he returns the goods before the period of 14 calendar days has expired.
10.3. The direct costs of returning the goods shall be borne by the Customer.
10.4. If the returned product is in any way diminished in value, the Service Provider reserves the right to hold the Customer liable and claim compensation for any diminution in the value of the goods resulting from the Customer’s use of the goods beyond what is necessary to establish the nature, characteristics and operation of the goods. Only items that are in their original packaging, together with all accessories, instructions for use and invoice or proof of purchase can be taken back.
10.5. If the Customer revokes the agreement, the Service Provider shall refund to the Customer all payments received from the Customer up to that point, including standard delivery charges, within a maximum of 14 calendar days after being informed of the Customer’s decision to revoke the agreement. For sales contracts, the Service Provider may wait to refund until it has received all the goods back, or until the Customer has demonstrated that it has returned the goods, whichever comes first.
10.6. The Service Provider shall refund the Customer using the same means of payment with which the Customer made the original transaction, unless the Customer has expressly agreed otherwise; in any event, the Customer shall not be charged for such refund.
Article 11 – Delivery
11.1. Purchase of products is subject to the following provisions:
The shipping address shall be the address provided by the Customer. The Service Provider is not liable for errors in the delivery of this delivery information.
11.2. The Service Provider will ship the products within 3-5 business days. If products are out of stock, Customer will be informed of the adjusted delivery time.
11.3. If delivery is delayed, the Customer will be notified as soon as possible. If delivery takes longer than 30 calendar days, the Customer has the right to rescind the agreement without cost.
11.4. The Service Provider delivers only within Belgium/Netherlands .
Article 12 – Disputes.
The customer is obliged to notify the Service Provider in writing of any complaints about invoices and/or services or products delivered within 8 days of the complaint arising.
Should a defect be reported later on a physical product, the Customer no longer has an absolute right to repair, replacement or compensation.
The customer can also always choose to file a complaint with the Federal Government’s Consumer Ombudsman Service. You can do so at this link: http://www.consumentenombudsdienst.be//nl.
Article 13 – User account for online training courses
13.1. To access online Services, including online training courses, the Customer must create an account on the website or online platform. The Customer will ensure that the information in the account is current and up-to-date at all times. In addition, Customer will also provide a secure and unique password.
13.2. Access to the user account is strictly personal. Account access, account details and login information must not be shared with third parties.
13.3. Upon suspicion of sharing the account information to third parties, access to the account will be blocked indefinitely, without the Service Provider owing the Customer any compensation or payment.
13.4. If the Customer should act in violation of these terms and conditions or otherwise act unlawfully or cause damage to the Service Provider, the Service Provider shall be entitled to deny access to the account, without being liable for any compensation.
Article 14 – Online trainings/courses
14.1. Access to online courses is personal. Access to the online courses or the content of the courses may not be shared with third parties.
14.2. The Service Provider has designed the online courses as a result of its experience and knowledge in the field of business Services. With the online trainings, the Service Provider wishes to teach the Customer the necessary tools.
14.3. The online courses offered, where online course materials are provided, are delivered through the Website or through an online platform.
14.4. The Customer must have at least an e-mail address and an Internet connection, web browser and suitable equipment for that purpose, in order to use the online training courses.
14.5. The Service Provider does not guarantee any progress or improvement, nor does it offer any guarantee of results. The results always depend on the Customer’s efforts.
14.6. The Customer must refrain from any use of (the content of) the online training courses that is unlawful or may be harmful to the Service Provider.
PART 4 – PROVISIONS APPLICABLE TO ALL SERVICES AND PRODUCTS OF THE SERVICE PROVIDER
Article 15 – Liability
15.1. Force majeure
The Service Provider assumes no liability if it cannot fulfill its obligations due to force majeure or extraneous cause. If the force majeure is only temporary in nature, we will still attempt to fulfill our contractual obligations from the time it is reasonably possible to do so again.
If it appears that a continuation is no longer possible, the agreement will be revised or dissolved by mutual agreement.
15.2. Relationships with third parties
Insofar as the Service Provider would depend on the cooperation, services and supplies of third parties, the Service Provider cannot be held liable in any way for damages arising from these relationships or the severance thereof.
15.3. Contractual deficiencies
If in the performance of our agreement a serious failure would be attributable to the Service Provider, you may give it written notice of default, granting a reasonable period of time to still fulfill our obligations. The Service Provider can only be held liable for replacement damages which cannot exceed the invoice amount. We are not responsible for any failure of an appointee or third parties.
Any liability for any other form of damage is excluded, including any compensation for indirect damage, consequential damage or damage due to lost sales or profits.
15.4. Technical problems website
The Service Provider cannot guarantee any particular uptime of the Website. As a result, digital content may possibly be unavailable for short periods of time. The Customer cannot claim compensation for this, if it is within reasonable proportions.
The Service Provider shall make every effort to ensure that the website and online services are available again as soon as possible. However, the Service Provider cannot offer any guarantee.
The Service Provider shall not be liable for damages caused by intrusion or hacking of the Website. The Service Provider shall make the necessary efforts to observe all reasonable security measures in accordance with the state of the art available at this time.
The Service Provider shall not be liable for damages caused by phishing, farming or other forms of Internet fraud or other criminal activity.
15.6. Customer’s own responsibility
The Service Provider guides the client and assists him/her with advice. The Service Provider can never be held liable for the client’s own decisions made during the process regarding his/her case.
Article 16 – Intellectual property rights
16.1. By accepting these terms and conditions, it is expressly acknowledged by the Customer that all designs, information, images, emails, downloads, diagrams, modules and/or materials, and other content on the website and online teaching platform, products are the property of the Service Provider and are protected by the relevant intellectual property rights, including but not limited to copyrights, trademark rights, database rights, neighboring rights, patents and design rights.
16.2. The Service Provider grants to the Customer a limited, personal, non-exclusive, non-sub-licensable, non-transferable and irrevocable right to use the services and products for personal purposes and under the conditions, as stated in these general terms and conditions. This only during the term of the agreement.
16.3. The Customer is expressly prohibited from copying, modifying, disclosing, using for direct or indirect commercial purposes or transmitting to third parties any designs, information, images and other content prepared by the Service Provider.
The Customer is also prohibited from transferring the given license to third parties. The Customer may conclusively download and store and/or print the works for strictly personal use.
16.4. The parties can always deviate from this by written agreement.
16.5 To prevent future use of A Different Track’s name and branding for certain services/products, I had this registered a while ago. For parties concerned, this can be found on the website: https://www.boip.int/nl.
Article 17 – Data processing
17.3. In the context of the services provided by the Service Provider, it processes, as the “controller,” personal data of the contacts provided by the Customer. The contact information of these individuals may be processed as part of our Customer Management, for marketing purposes, and serve to properly execute our agreement with the Customer.
Article 18- Confidentiality
18.1. The parties will be bound to observe a full obligation of confidentiality.
This implies that, unless expressly authorized by the other party, it may not use, disseminate or transmit any of each other’s trade secrets in connection with any business facet to any other third party, in particular, but without this being an exhaustive list, concerning the pricing, marketing, production, financing, and strategic development of the business, lists or details concerning Customers and past or potential Customers, contractual terms, etc…, unless:
– it involves information that is publicly available without fault or omission on the part of the parties
– it concerns information that the parties are obliged to disclose because of a final (against which all remedies have been exhausted) court order, a final arbitration decision, or a final order by a governmental authority,
– it involves information that the parties are required to disclose under any law, decree, regulation or other binding governmental provision,
– Parties must disclose information in the context of his/her defense in legal proceedings or arbitration.
This confidentiality obligation will apply during the term of the agreement and thereafter.
18.2. The parties recognize the importance of this obligation. The violation of this confidentiality obligation during the term of this agreement shall be considered a serious misconduct.
In case of violation of this article, the parties shall owe a lump sum compensation of €1,500, without prejudice to the right to claim additional damages, if this sum does not adequately compensate the damage. Such damages shall be payable to the other party without limiting the right to pursue all other possible remedies.
18.3. The Customer acknowledges that the Service Provider may share certain info (more specifically, but not limitatively: results, photos, etc.) on its social media channels. The Customer must expressly indicate when he/she wishes the Service Provider not to disclose certain information.
Article 19 – General
19.1. No one may assign his or her rights and/or obligations under these terms and conditions or our agreements to a third party without the consent of the other party
19.2. If any provision of these terms and conditions should be contrary in whole or in part to any statutory provision, and therefore void, these terms and conditions shall otherwise remain in full force and effect. If necessary, the parties will jointly agree on a new provision that is in line with the purpose of the invalid provision.
19.3. This agreement is governed by Belgian law. Any dispute regarding the interpretation or execution of a contract and regarding our invoices belongs to the exclusive competence of the courts where the registered office of the Service Provider is located.