General conditions

I am Sofie De Niet with my registered office at Albert Crommelynckgaarde 32 box 17, 1160 Oudergem and with company number 0899.981.044. I am a member of the VBVD (Flemish Professional Association of Dietitians) and my INAMI number is 5-63835-26-601.

Phone number: 0496 612 866

Website: www.sofiedeniet.be

 

Article 1. Definitions

The definitions apply to my terms and conditions:

1. Service provider: Sofie De Niet
2. Service(s): the services that the service provider provides and that the customer purchases
3. Customer: the consumer or company that enters into an agreement with the service provider and thereby accepts the general terms and conditions
4. Offer: offer or a quote from the service provider (website, social media, email or printed communication)
5. Services: consultations (personal or group), workshops, webinars and other services
6. Products: e-books, digital courses and other products that the service provider sells via the website
7. Parties: the service provider and the customer together
8. Agreement: the agreement between the parties after acceptance of the offer by the customer or after the purchase of a service or product by the customer
9. Written: written communication such as e-mail or via registered mail where necessary

 

 

Article 2 – Applicability of general terms and conditions

2.1 These terms and conditions contain my working method and important rules regarding our cooperation. These general terms and conditions apply to all offers, all agreements, all my deliveries of services and all your purchases of products.

2.2 If you, as a customer, purchase a product or service from the service provider, this means that you fully and without reservation agree with these general terms and conditions. It is only possible to deviate from the general terms and conditions if this has been expressly agreed in advance and in writing by the customer and the service provider.

2.3 The general terms and conditions of you as a customer (under whatever name) that deviate from these general terms and conditions do not apply, unless I, as a service provider, have expressly agreed to this in advance and in writing.

2.4 The latest version of these general terms and conditions always applies.

 

Article 3 – Offer and acceptance

3.1 The service provider makes an offer through channels such as the website, social media, e-mail and printed communication. The offer is only valid for the services or products expressly included in the offer. All proposals and/or quotations are without obligation and do not bind the service provider, unless stated otherwise.

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 the offer, in other words purchases it, is the current offer.

3.3 The service provider cannot be held to the offer if the customer could reasonably understand that the offer, or a part thereof, contains an obvious material mistake or error, such as an unrealistically high discount or unusually low asking price.

3.4 When accepting the offer for the delivery of a service or product, the customer agrees that the agreement will be immediately executed and fulfilled. The customer-consumer hereby waives his right of withdrawal (if applicable).

3.5 The prices stated on the proposals, quotations or agreements are always inclusive of VAT and exclusive of any shipping costs.

3.6 The customer can choose the time and place of the appointment via the online agenda of the service provider. The service provider has the right at any time and up to 24 hours before the start of the appointment to accept or unilaterally change the appointment (different time, different place, different duration). If the service provider and the customer make an appointment by telephone, the service provider will send an SMS confirming the appointment, time and place. An appointment made by telephone is only valid after the service provider has confirmed the appointment and the place to the customer via text message.

 

Article 4 – Execution of the agreement and provision of information by the customer

4.1 Unless agreed otherwise in writing, the service provider’s activities consist of providing nutritional advice and/or guidance in the field of nutrition and a healthy lifestyle of the customer in the broadest sense of the word.

4.2 The work of the service provider will, unless otherwise agreed in writing, take place at one of the practical addresses of the service provider, at the customer’s home or online. The customer acknowledges that the place of work is not an essential part of the agreement. A change of location cannot be regarded as a shortcoming on the part of the service provider.

4.3 The service provider carries out the assignment to the best of its knowledge and ability. The service provider is not liable for failure to achieve the result intended by the customer. The intended result always depends on the commitment and cooperation of the customer, as well as other care providers if it concerns a multidisciplinary collaboration. The agreement therefore contains best efforts obligations, not results obligations.

4.4 The service provider can only perform its work properly if the customer provides all requested information for the execution of the assignment in time, i.e. during the first intake consultation. The service provider also expects the customer to pass on new information in a timely manner during the subsequent follow-up consultations. The customer therefore guarantees the correctness, completeness and reliability of the data made available, even if these originate from third parties.            The service provider will treat this data confidentially and in accordance with a professional code. The service provider is not liable for damage, of any nature whatsoever, due to incorrect or incorrect or late data provided by the customer or if the customer does not make the requested data available or does not make it available in time.

 

Article 5 – Invoicing and payments

5.1 Personal consultations: personal consultations are paid by the client at the end of each consultation, unless we agree otherwise.

5.2 Workshops, webinars and group sessions (group services): when the customer registers for a group service, the customer must pay the full amount stated on the corresponding invoice at the time of registration, unless for the specific service the possibility was provided to pay in instalments, or if prior, in writing and expressly authorized by me, to pay after the service has been provided.

5.3 E-books and other digital products: when the customer purchases a digital product, the customer must pay the full amount stated on the accompanying invoice, unless the option of payment in instalments was provided for the specific product.

5.4 If applicable and in the event of full or partial non-payment of a consultation, another service or a digital product on the due date, the customer will owe default interest on the unpaid amount by operation of law and without prior notice of default. If payment is still not made in whole or in part after sending a reminder, the amount to be paid will be increased again with a minimum of 60 euros. All costs in the context of the judicial or extrajudicial collection of the full or partial non-payment are borne by the customer.

 

Article 6 – Change or termination of the agreement

6.1 The service provider can only properly perform its services if the customer fulfills the obligations of the agreement. The service provider is entitled to dissolve the agreement in whole or in part immediately without any obligation to pay compensation if the customer does not or only partially fulfills its obligations under the agreement (such as payment obligations or the provision of the required information).

6.2 In the event of force majeure, the service provider has the option to unilaterally interrupt, move or cancel a consultation, webinar or workshop. The service provider will notify the customer of a change as referred to in this paragraph as soon as possible. Force majeure is described in article 8.

6.3 Personal consultations: the customer can only reschedule or cancel the same appointment once, only in consultation with the service provider and after explicit confirmation of good receipt of this request to reschedule or cancel. If the customer reschedules the same appointment several times or if the customer does not show up at the agreed time and place, the customer must pay 100% for this appointment. Even if the customer cancels the consultation within a period of 24 hours before this consultation, the consultation will be charged at 100%.

6.4 Workshops, webinars and group sessions: once the customer has registered, the customer can no longer terminate the agreement. However, the customer may transfer his place to a third party, only in consultation with the service provider and after express confirmation of proper receipt of this transfer of presence to a third party.

 

Article 7 – Right of withdrawal

7.1 As a customer-consumer, you have a right of withdrawal of 14 calendar days after you have purchased a service or product and the legal provisions of Article VI.47 et seq. of the WER apply. However, the right of withdrawal does not apply to personalized or unique services (personal consultations, group sessions, webinars and workshops) and digitally delivered products (e-books and other digital products).

 

Article 8 – Liability and force majeure

8.1 Except in the case of fraud, intentional error or serious error, the service provider is not liable for or obliged to compensate for immaterial, indirect or consequential damage, including (but not limited to) loss of profit, loss of turnover, loss of income, administration or personnel costs, an increase in general costs, loss of clientele or claims from third parties.

8.2 The service provider has taken out civil liability insurance ‘appeal’ in case the service provider causes damage to third parties through an error, carelessness or negligence. The amount for which the service provider can be held liable is therefore limited to the amount for which this liability insurance may intervene. In addition, the service provider has taken out legal assistance insurance.

8.3 Relationships with third parties: insofar as the service provider can depend on the cooperation, services and deliveries of third parties, the service provider cannot be held liable in any way for damage resulting from these relationships or the breaking of them.

8.4 Force majeure: the service provider cannot be held liable and is not obliged to pay compensation for any damage or to fulfill any obligation if the service provider fails to fulfill its obligations for the provision of services or the delivery of products due to force majeure or a foreign cause. can comply. If the force majeure is temporary in nature, the service provider will still try to fulfill the obligations of the agreement from the moment that this is reasonably possible again. If it appears that a continuation or delivery is no longer possible, the agreement will be revised or dissolved in mutual consultation. Force majeure is understood to mean: any unforeseen event beyond the reasonable control of the service provider or any foreseeable event, the consequences of which cannot reasonably be avoided, which prevents, delays or substantially aggravates the performance of the agreement in whole or in part. This includes, but is not limited to: fire, flood, epidemic or pandemic, war, embargo, riot, action by any government agency, administrative measures, hacking, contractual breaches of third parties, errors or delays attributable to third parties, sudden illness of the service provider or one of the family members, network, internet and telecom failures or circumstances that arise with regard to materials or practice addresses that are necessary for the proper execution of the agreement.

8.5 The service provider declares that the information on its website, social media and other communication channels is purely informative. The communication is not a substitute for the professional advice of your treating doctor or other healthcare provider. I am not liable for any damage – in the broadest sense of the word – resulting from the use of the information on my communication channels. If my communication messages (texts, videos, …) are incomplete or incorrect despite my scientific research, the customer or any visitor can let me know this personally and in writing via the contact form on the website.

 

Article 9 – Delivery of digital products

9.1 The following provisions apply to the purchase of digital products:

the shipping address is the e-mail address provided by the customer. The service provider is not liable for errors in the provision of this delivery information.

9.2 The service provider ships the digital products within 5 working days. If digital products are no longer available, for whatever reason, the customer will be kept informed of the adjusted delivery time or the customer will receive an alternative proposal or refund.

9.3 If the delivery is delayed, for example but not exclusively due to technical problems, the customer will receive a written notification via e-mail as soon as possible. If the delivery takes longer than 30 calendar days, the customer has the right to dissolve the agreement without costs.

 

Article 10 – Disputes and complaints

10.1 The customer is obliged to notify the service provider in writing of any complaints about invoices and/or serious shortcomings regarding the services or products provided within 7 days after the complaint arose. Such complaints do not suspend the customer’s payment obligations.

10.2 The service provider will confirm receipt of this complaint to the customer as soon as possible, and at the latest within 7 days of receipt. If the customer does not receive this confirmation of receipt, this means that the service provider has not properly received the complaint.

10.3 If the complaint is not made known to the service provider in time or not by written communication.

10.4 A complaint cannot lead to the service provider having to provide services other than those agreed upon by the parties.

 

Article 11 – Intellectual property right

11.1 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 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.

11.2 The service provider grants the customer a limited, personal, non-exclusive, non-sublicensable, non-transferable and irrevocable right to use the services and products for personal purposes and under the conditions set out in these general terms and conditions. This only during the term of the agreement.

11.3 The customer is expressly prohibited from copying, modifying, publishing, using for direct or indirect commercial purposes or transferring to third parties 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 download and save and/or print the works exclusively for strictly personal use or in his own professional practice without commercializing it.

 

Article 12 – Processing personal data

12.1 By purchasing a product or by using the services of the service provider, the customer gives the service provider explicit permission to process his/her personal data for the purpose of providing the services or products. In addition, the data provided can also be used for customer management, newsletter, advertising or marketing purposes and statistical information collection.

12.2 The service provider respects the General Data Protection Regulation of 24 May 2016 regarding the protection of private life in the processing of personal data. All personal data provided and processed via our website or in the context of the services provided will be treated confidentially and will under no circumstances be passed on to third parties without the express permission of you as a customer.

12.3 The customer can withdraw his/her consent to the newsletter or other marketing channels at any time. The customer can also have the personal data changed or removed by the service provider at any time for marketing purposes.

12.4 For the data related to the patient file, the service provider refers to the patient rights valid in Belgium.

 

Article 13 – Transfer and legal provisions

13.1 No one can transfer his or her rights and/or obligations arising from these terms and conditions or our agreements to a third party without the permission of the service provider.

13.2 If a provision of these general terms and conditions would be wholly or partially in conflict with a legal provision, and would therefore be null and void, these terms and conditions will otherwise remain in full force. If necessary, the parties will jointly agree on a new provision that is consistent with the purpose of the invalid provision.

 

Article 14 – Applicable law and competent court

14.1 This agreement is exclusively governed by Belgian law.

14.2 Any dispute in connection with the interpretation or performance of the agreement and with regard to payments or invoices falls under the exclusive jurisdiction of the courts where the registered office of the service provider is located.

 

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