FEREMENTISTAS BV, met maatschappelijke zetel te 3012 Leuven, Wijgmaalsesteenweg 96 en ondernemingsnummer 1000.461.166. E-mailadres is : marta@klejman2.com
I am affiliated with the VBVD (Flemish Professional Association of Dietitians).
PART 1 - GENERAL
Article 1 - Applicability of general terms and conditions
1.1. In these terms and conditions, I describe the rules under which I, as Service Provider, will provide my services to you, the Client. These conditions apply to all my quotes, offers, online programs, workshops, pathways, agreements, services and products, and contain important information about your rights and obligations.
1.2. These general terms and conditions always take precedence over any general terms and conditions of the Customer. This insofar as these terms and conditions have not been deviated from in writing.
1.3. The latest version of these terms and conditions apply at all times.
Article 2 - Definitions
In these general terms and conditions, the following definitions shall apply:
- Offering: all offers and price quotations emanating from me, either through my website or via e-mail.
- Service: the services that I provide and that the Customer purchases.
- Service provider: KLEJMAN2
- Right of Withdrawal: the right of a consumer to waive a distance contract within the statutory cooling-off period of 14 calendar days and this in accordance with Article VI.47 et seq. WER.
- Client: The entrepreneur or consumer who enters into an agreement with me and thereby accepts the terms and conditions.
- Agreement: the agreement entered into between the Customer and me.
- Practice address: Dorpsstraat 86, 3050 Oud-Heverlee
- Products: the online products such as online courses, workshops, downloads and all other products offered through website www.klejman2.com be sold
- Written: written communication such as e-mail or by registered mail where appropriate.
- Website: www.klejman2.com
- Social media channels: fb @klejman2 and Instagram @klejman2
- Learning Platform: Platform where the course is formatted: Teachable
PART 2 - PROVISIONS APPLICABLE TO CONSULTATIONS, PATHWAYS AND WORKSHOPS
Article 3 - Offer and acceptance
3.1. The Service Provider always makes an offer through its website and social media channels.
3.2. The Service Provider always has the right to adjust the rates and/or conditions. The offer that existed at the time the Customer accepted it, i.e. purchased it, is the applicable 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. By accepting the offer for the supply of a service or product, the Customer agrees that the contract will be executed and fulfilled immediately. The Customer-consumer, hereby waives his right of withdrawal (should it be applicable).
For services or products purchased through the website, payment must be made 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 10 calendar days from the invoice date.
Article 4 - Execution of the agreement and provision of information Customer
4.1. There will always first be an intake in the form of an Experience Consultation. For this consultation a client will have to pay by bank transfer in advance, directly after the consultation or by bank transfer on the day of the consultation itself.
After that, the Client can choose whether or not to start with the chosen customized course.
If the Customer chooses to start the pathway, i.e. accepts the offer, there is an obligation to pay 50% immediately upon starting and the remaining amount in half of the chosen pathway. Even if the course is ended early by the Customer, the Customer will still have to pay in full.
4.2. Unless otherwise agreed in writing, the Service Provider's work shall consist of providing advice on nutrition and/or guidance to the Customer in the broadest sense.
The Service Provider's work will take place, unless otherwise agreed in writing at the Service Provider's premises or online. When the work takes place at the Service Provider's premises, the Service Provider does have the right to unilaterally change the location if necessary for the conduct of its business and/or treatment of the Customer.
The Customer acknowledges that the place of work is not an essential component of the contract. A change of place, cannot be considered as a default on the part of the Service Provider.
4.3. At the commencement of the course, the Service Provider will announce, in consultation with the Customer, the times at which the training sessions or consultations will take place.
4.3. The Service Provider shall perform the assignment to the best of its knowledge and ability. The Service Provider is not liable for not achieving the result the Customer intended. The intended result always depends on the commitment of the Customer.
Execution of the agreement shall be by mutual agreement and upon written agreement and payment of the amount due.
4.4. The Service Provider can only perform its work properly if the Customer provides all requested information for the performance of the assignment in a timely manner, being during the intake interview. 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 treat this data confidentially.
4.5. 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.
4.6. The Service Provider is not liable for damages of any kind due to incorrect or inaccurate data provided by the Customer.
If the Customer cannot participate in an activity due to illness, it is expected that the Customer will notify the Service Provider as soon as possible. All appointments must be cancelled no later than 24 hours in advance or the Customer will lose the turn or a fee will be charged.
4.7. The same appointment can only be rescheduled once, by mutual agreement between the Service Provider and the Customer. If the Customer reschedules the same appointment more than once, she will have to pay for the appointment.
4.9. In case of unforeseen circumstances, Service Provider has the possibility to interrupt, reschedule or cancel a trajectory or consultation. Unforeseen circumstances include illness of the Service Provider and circumstances occurring with respect to materials necessary for proper performance of the agreement. Service Provider shall notify Customer of a change as referred to in this paragraph as soon as possible.
Article 5 - Rates and payments
When to pay?
5.1. Regarding consultations: For a consultation, a client will need to pay via bank transfer in advance via online payment, cash immediately after the consultation or via bank transfer on the day of the consultation itself.
If the Client wishes to discontinue the counseling, i.e., no longer wishes to record a follow-up consultation, she does not have to pay anything more.
Once an appointment is set, there can be no refund.
5.2. Regarding (diet) trajectories: The work will be commenced after the 50% payment of the principal of the chosen trajectory. The remaining amount is to be paid in half of the chosen trajectory. Even if the trajectory should be terminated prematurely by the Customer, the Customer will still have to make full payment.
5.3. Regarding the workshops: Before registration is final, the client must pay the full price.
When to pay by invoice:
5.4. The invoice must be paid within 10 days of the invoice date, at least before the course begins.
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 prior notice of default, and the Customer shall owe interest on arrears of 10% per annum on the invoice amount as well as liquidated damages in the amount of 10% with a minimum of €75.00 from the due date. In case of partial payment, full compensation remains due.
Article 6 - Modification or termination of the agreement
6.1. The Service Provider is entitled to immediately terminate all or part of the contract without any obligation to pay damages if the Customer does not, or only partially, fulfill his obligations under the contract. The Service Provider can only perform its services properly when the Customer fulfills his contractual obligations.
6.2. Regarding (dietary) consultations: The Customer can reschedule appointments made only once. An appointment made and paid for is binding.
6.3. Regarding the (diet) course: In principle, the agreement cannot be terminated early. The purchased trajectory has a duration as stated at the time of purchase. When purchasing the course, Customer agrees that the entire course must be paid for, even if Customer wishes to cancel during the course.
If the Customer opts to cancel the itinerary, she is not entitled to any refund.
An (interim) termination of the agreement by the Customer is only possible on medical grounds with proof of a medical statement by a recognized physician. If necessary, the agreement will be suspended as long as the medical condition persists.
6.4. Regarding the workshops: Once the Customer has registered and paid, the Customer cannot terminate the agreement. However, the Customer may cede her place to a third party.
PART 3 - PROVISIONS APPLICABLE TO THE SALE OF E-BOOKS, ONLINE COURSES AND PRODUCTS
Article 7 - Right of withdrawal
7.1. De bepalingen van dit artikel geldt enkel voor Klanten die in hun hoedanigheid van consument artikelen online aankopen. Voor aankopen op het praktijkadres van de Dienstverlener of in een fysieke winkel geldt geen herroepingsrecht.
7.2. Bij online aankopen heeft de Klant het recht om binnen 14 kalenderdagen na ontvangst van de goederen de aankoop te herroepen, behoudens de volgende uitzonderingen:
a) niet-gepasteuriseerde voedingsmiddelen, waaronder onze gefermenteerde groenten in bokalen, voor wie het herroepingsrecht niet geldt om redenen van voedselveiligheid en kwaliteitsgarantie;
b) op maat gemaakte producten of diensten;
c) digitale inhoud (zoals e-books of online cursussen) die niet op een materiële drager wordt geleverd, indien de Klant voorafgaand aan de levering uitdrukkelijk heeft ingestemd met het beginnen van de uitvoering vóór het einde van de herroepingstermijn en heeft erkend het herroepingsrecht te verliezen;
d) tickets voor workshops of evenementen.
De Dienstverlener heeft het recht de Klant te vragen naar de reden van herroeping, maar Klant is niet verplicht een reden op te geven. De bovenvermelde bedenktijd gaat in op de dag nadat de Klant, of een aangewezen derde, de bevestigingse-mail heeft ontvangen.
7.3. De Dienstverlener kan de terugname van niet-gepasteuriseerde producten weigeren om redenen van veiligheid, hygiëne en kwaliteitsbehoud.
Article 8 - Exercise of the right of withdrawal.
8.1. Om het herroepingsrecht uit te oefenen, moet de Klant de Dienstverlener via een ondubbelzinnige verklaring (bijv. schriftelijk, per post of per e-mail) op de hoogte stellen van zijn beslissing de overeenkomst te herroepen, binnen de termijn van 14 kalenderdagen.
Om de herroepingstermijn na te leven moet de Klant zijn mededeling betreffende zijn uitoefening van het herroepingsrecht verzenden binnen de termijn van 14 kalenderdagen.
8.2. De Klant moet de goederen onverwijld, doch in ieder geval niet later dan 14 kalenderdagen na de dag waarop hij zijn beslissing om de overeenkomst te herroepen heeft meegedeeld, terugzenden naar de Dienstverlener. Voor tijdige naleving geldt de datum van verzending.
8.3. The direct costs of returning the goods shall be borne by the Customer.
8.4. If the returned product is somehow reduced in value, the Service Provider reserves the right to hold the Customer liable and claim compensation for any reduction 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 functioning of the goods. Only items in their original packaging, together with all accessories, instructions for use and invoice or proof of purchase can be taken back.
8.5. If the Customer withdraws from the contract, the Service Provider shall refund to the Customer all payments received to date from the Customer, including standard delivery charges, within a maximum of 14 calendar days of being informed of the Customer's decision to withdraw from the contract. For sales contracts, the Service Provider may wait to refund until it has received all the goods back, or until the Customer has proved that he has returned the goods, whichever comes first.
8.6. 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 9 - Delivery
9.1. 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 providing this delivery information.
9.2. The Service Provider ships products within 3-5 business days. If products are out of stock, Customer will be informed of the adjusted delivery time.
9.3. If delivery is delayed, the Customer will be notified as soon as possible. If the delivery takes longer than 30 calendar days, the Customer has the right to dissolve the agreement without cost.
9.4. The Service Provider delivers only within Belgium.
Article 10 - User account for online training courses
10.1. To access online Services, including online training courses/courses, the Customer must purchase online course on the website, he/she will then get access to online platform where an account can be created.
The Customer will ensure that the information in the account is always current and up-to-date. In addition, the Customer shall also ensure a secure and unique password.
10.2. Access to the user account is strictly personal. Access to the account, account details and login information may not be shared with third parties.
10.3. 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.
10.3. 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 11- Online training courses
11.1. Access to online trainings/courses is personal. Access to the online trainings or the content of the trainings may not be shared with third parties.
11.2. Upon suspicion of sharing access to an online training with third parties, access will be blocked the online training indefinitely, without the Service Provider owing Customer any compensation or payment.
11.3. The Service Provider has designed the online trainings as a result of its experience and knowledge in exercise, healthy lifestyle and dieting. With the online trainings, the Service Provider wishes to provide the Customer with the necessary tools.
15.4. The online training courses offered, where online course materials are provided, are conducted through the Website and other learning platforms.
11.5. 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.
11.6. After the end of an online training course, the content will remain available ‘for life’ as long as the Service Provider and the online training course continue to exist. If the Service Provider chooses to no longer offer the online training, the Customer will be notified in a timely manner.
11.7. The Service Provider does not guarantee any progress or improvement, nor does it offer any guarantee of results. Results always depend on the efforts of the Customer.
11.8. 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 B2B RELATIONSHIPS
Article 12 - Quotes.
12.1 If the client is interested in any of the Service Provider's services, it will gladly provide a quote. This quotation is without obligation and cannot be regarded as an offer. Unless otherwise agreed, a quotation is valid for 1 month.
The Service Provider is only bound after you, the Customer, declare in writing your agreement to the offer and we have accepted the order. By placing the order you expressly agree to these terms and conditions and waive your own terms and conditions.
12.2. .For determining the scope of the order, only the description of the quotation with any additions and modifications shall apply when agreed in writing.
Any modification requested by the Customer, any additional delivery or performance, whether agreed in writing or orally, and not included in the quotation, will be charged separately at the current rates.
Article 13 - Execution of the agreement
13.1.The Service Provider will perform the Agreement to the best of our knowledge and ability.
13.2. If and to the extent required for proper performance of the agreement, the Service Provider has the right to outsource certain work to a third party.
13.3. The Service Provider can only perform its work properly if the Customer provides all requested information for the performance of the assignment in a timely manner, being during the intake interview. 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 treat this data confidentially.
13.4. 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.
13.5. The Service Provider is not liable for damages of any kind due to incorrect or inaccurate data provided by the Customer.
Article 14 - Delivery periods
14.1. The delivery period is purely indicative and does not provide any guarantee. The commitment entered into by the Service Provider does not concern an obligation of effort The Service Provider shall, of course, make the necessary effort to deliver our services within the set deadline. However, a delay in delivery cannot give rise to a claim for compensation or dissolution of the contract.
14.2. Furthermore, if we are hindered by force majeure, the Service Provider shall have the right to suspend performance or to terminate in whole or in part without judicial intervention, without the possibility of any compensation being due.
Article 15 - Invoicing and payment
15.1. The Service Provider shall always invoice for its services rendered. Payments are due in accordance with what was stipulated in the offer and invoices are payable at the Company's registered office within 10 days of the invoice date unless expressly agreed otherwise.
15.2. 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 prior notice of default, and the client shall owe interest on arrears of 10% per annum on the invoice amount as well as liquidated damages in the amount of 10% with a minimum of €150.00 from the due date. In case of partial payment, full compensation remains due.
15.3. If payment is not made on time, we have the right to suspend work or services still in progress until the amounts due are paid. ls our invoice (plus any interest and damages) remains unpaid one week after sending a notice of default, we have the right to deactivate the products offered by us (including but not limited to the website, domain name, and e-mail server) until payment of the amount still due.
Article 16 - Disputes
16.1. All complaints must be justified and reasoned and addressed directly to the company by registered letter at the latest within eight days of receipt of the services provided. After the expiry of this period, the goods sold or works delivered shall be considered as conforming to the requirements set by the client at the time of purchase and we shall no longer be liable for visible defects.
Payment, even partial of the final invoice, or the mere putting into service, may also be presumed to be tacit acceptance of the completion, unless you complain via registered mail within 8 days of one of the aforementioned occasions.
PART 5 - PROVISIONS APPLICABLE TO ALL SERVICES AND PRODUCTS OF THE SERVICE PROVIDER
Article 17 - Disputes
Complainant is required to notify Service Provider in writing of any complaints regarding invoices and/or services or products provided within one week 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-consumer can also always choose to file a complaint with the Consumer Ombudsman Service of the Federal Government. This can be done via this link: http://www.consumentenombudsdienst.be//nl.
Article 18 - Liability
18.1. Force Majeure
The Service Provider accepts no liability if it is unable to fulfill its obligations due to force majeure or extraneous cause. If the force majeure is only temporary in nature, we will still endeavor 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.
18.2. 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.
18.3. Contractual deficiencies
If in the performance of our agreement a serious deficiency 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 damages is excluded, including any compensation for indirect damages, consequential damages or damages due to lost sales or profits.
18.4 Technical problems website
The Service Provider cannot guarantee any particular uptime of the Website. The digital content may therefore possibly be unavailable for short periods of time. The Customer cannot claim compensation for this, if it remains 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.
18.5. Website
The Service Provider is not liable for damages caused by intrusion or hacking of the Website or learning platform. The Service Provider shall take the necessary steps 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.
Article 19 - Intellectual property rights
19.1. 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 are product 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.
19.2. The Service Provider grants 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.
19.3. 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 save and/or print the works for strictly personal use.
19.4. The parties can always deviate from this by written agreement.
Article 20 - Data processing
20.1. By accepting an offer, the Customer agrees to the processing of his personal data in accordance with the Service Provider's privacy policy. These terms and conditions should be read in conjunction with this general privacy statement accessible on the website.
20.2. By creating an account, the Customer unreservedly accepts these terms and conditions. In addition, in order to create the user account or create certain documents, the Service Provider must process personal data. The circumstances under which this is done are described in more detail in the privacy policy.
20.3. In the context of the services provided by the Service Provider, it processes personal data of the contact persons provided by the Customer as ‘controller’. The contact details 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 21 - General
21.1. The parties are bound to keep confidential all confidential information obtained from the other party under this agreement.
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
21.2. 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 shall jointly agree on a new provision that is in line with the purpose of the void provision.
21.3. This agreement is governed by Belgian law. Any dispute regarding the interpretation or execution of a contract and regarding our invoices falls under the exclusive jurisdiction of the courts where the Service Provider's registered office is located.
