KLEJMAN2, with registered office at 3050 OUD-HEVERLEE, Dorpsstraat 86 and company number BE0677.856.586. E-mail address 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 on the basis of which I, as Service Provider, will provide my services to you, the Client. These terms and 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 conditions have not been deviated from in writing.
1.3. The latest version of these general terms and conditions shall always apply.
Article 2 - Definitions
In these general terms and conditions, the following definitions shall apply:
- Offer: all offers and price quotes emanating from me, either through my website or via email.
- Service means the services I provide and the Customer purchases.
- Service provider: KLEJMAN2
- Right of withdrawal: the right of a consumer to waive a distance contract within the legal cooling-off period of 14 calendar days and this in accordance with Article VI.47 ev. WER.
- Customer: 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 sold through website www.klejman2.com
- Written: the 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 the 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 accepts it, i.e. purchases it, 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 clerical 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 course, i.e. accepts the offer, there is an obligation to pay 50% immediately upon commencement and the remaining amount in half of the chosen course. Even if the course is ended early by the Customer, the Customer must still 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 process, the Service Provider will, in consultation with the Customer, announce 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 time 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, move or cancel a trajectory or consultation. Unforeseen circumstances include illness of the Service Provider and circumstances arising in relation 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. Consultations: For a consultation, a client will have 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 started 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 would be terminated prematurely by the Client, the Client will still have to pay in full.
5.3. Regarding 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 start of the course.
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 be liable, as of the due date, by operation of law and without prior notice of default, to pay interest on arrears at the rate of 10% per annum on the invoice amount as well as liquidated damages in the amount of 10% with a minimum of €75.00. In case of partial payment, full compensation remains due.
Article 6 - Modification or termination of the agreement
6.1. The Service Provider shall be entitled to immediately terminate the contract in whole or in part without any obligation to pay damages if the Customer fails to fulfill, or only partially fulfills his obligations under the contract. The Service Provider can only perform its services properly when the Customer fulfills his contractual obligations.
6.2. Regarding the (diet) consultations: The Client can reschedule appointments made only once. A made and paid appointment is binding.
6.3. Regarding the (diet) program: In principle, the agreement cannot be terminated prematurely. The purchased trajectory has a duration as stated at purchase. When purchasing the program, the Customer agrees that the entire program must be paid for, even if the Customer wishes to cancel during the program.
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. Concerning the workshops: Once the Customer has registered and paid, the Customer cannot terminate the agreement. However, the Customer may cede its 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. The provisions of this article apply only to Customers who purchase items online in their capacity as consumers. It thus does not apply when the Customer purchases products at the Service Provider's practice address.
The Customer has the right to cancel the purchase of purchased physical products within a period 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 email.
7.2. The right of withdrawal does not apply to customized schedules, or services or products other than physical products. The rescission of downloads and other deliveries of digital content (E.g. e-books, online courses), not delivered on a physical medium, is not possible if the Customer has expressly consented to the commencement of the performance of the contract before the end of the cooling-off period prior to the delivery and has acknowledged losing the right of rescission upon granting this consent.
The right of withdrawal also does not apply when the Customer purchases tickets for a workshop.
Article 8 - Exercise of the right of withdrawal.
8.1. To exercise the right of withdrawal, the Customer must inform the Service Provider (by an unambiguous statement (e.g. in writing by post, or by e-mail) of his decision to withdraw from the contract. 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.
8.2. The Customer must return the goods to the Service Provider without delay, but in any event 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.
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 all payments received to date from the Customer, including standard delivery charges, to the Customer 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 only delivers 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 data 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 the online training will be blocked indefinitely, without the Service Provider owing Customer any compensation or payment.
11.3. The Service Provider has designed the online training courses as a result of its experience and knowledge in the field of exercise, healthy lifestyle and diets. 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 are always dependent 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 Customer is interested in any of the Service Provider's services, it will gladly prepare a quotation. 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 .To determine 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 shall 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 subcontract 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 time 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 specified period. 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 be entitled to suspend performance or rescind performance 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 quotation 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 be liable, as of the due date, by operation of law and without prior notice of default, for interest on arrears at the rate of 10% per annum on the invoice amount as well as for liquidated damages in the amount of 10% with a minimum of € 150.00. In case of partial payment, full compensation remains due.
15.3. In default of timely payment, we have the right to suspend work or services still in progress until the amounts due have been paid. ls our invoice (plus any interest and damages) has not been paid 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 well-founded and substantiated and addressed directly to the company by registered letter within eight days of receipt of the services delivered. After the expiry of this period, the goods sold or the 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 through this link: http://www.consumentenombudsdienst.be//nl.
Article 18 - Liability
18.1. Force Majeure
The Service Provider assumes 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 acceptance of 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, changing, 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 may 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 policy accessible on the website.
20.2. By creating an account, the Customer unreservedly accepts these General 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, as the "controller", it processes personal data of the contact persons provided by the Customer. The contact data of these individuals may be processed in the context 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 Should any provision of these terms and conditions 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.
This agreement is governed by Belgian law. Any dispute regarding the interpretation or execution of a contract and regarding our invoices shall fall within the exclusive jurisdiction of the courts where the Service Provider's registered office is located.