TERMS OF USE - VOCAL LOGOPEDY

 

1. DEFINITIONS

i. “Terms of Use”: these terms of use that apply to your purchase of Services from us;

ii. “Agreement”: Any agreement whereby we commit to providing the Services to you subject to the Terms of Use;

iii. 'Party / Parties': you and / or us;

iv. 'Consultations': all therapies offered on the Website, including live therapy sessions;

v. 'Service': all services offered on the Website, including online courses, webinars and Consultations

vi. "Additional Products" means the goods that are additionally provided with the delivery of the online courses and live sessions;

vii. 'Consumer': a consumer within the meaning of Article I.1.2 ° CEL, being a natural person who acts for purposes that fall outside his trade, business, craft or professional activity;

viii. 'Professional Client': any natural or legal person who enters into an Agreement with us and who acts for purposes that fall within his business or professional activity;

ix. 'You / your': Any natural or legal person who has or enters into a contractual relationship of any kind with us, including, but not limited to: Consumers and Professional Customers;

X. 'Website': https://www.vocallogopedie.com/

xi. 'We / we / us / our': the company as stated in article two of these Terms of Use.

 

2. OUR IDENTIFICATION

Who are we:

Anouk De Vleesschauwer

Avenue Molière 188

1050 Ixelles

Belgium

VAT BE 0671.693.623

 

Contact:

Availability: Monday to Friday, from 7 a.m. to 6 p.m.

Telephone number: +32 479 68 88 53

E-mail address: info@vocallogopedie.com

 

3. APPLICATION

3.1. These Terms of Use apply to all purchases of our Services. When placing an order, you must explicitly accept these Terms of Use and agree to their application. These Terms of Use apply to the exclusion of other terms. Unless explicitly accepted by us in writing, any general or special terms and conditions are expressly excluded. Notwithstanding the foregoing, these Terms of Use are without prejudice to the statutory rights that are imperatively granted to you under Belgian consumer protection law.

3.2. We reserve the right to change these Terms of Use from time to time. However, the version of these Terms of Use that was applicable at the time of the order remains applicable between you and us with regard to the purchase.

 

4. OFFER AND ACCEPTANCE

4.1. We make every reasonable effort to make the information about the features of the Services as accurate as possible, as far as technical means allow. However, the online courses, webinars and Consultations that are the subject of our Services remain a human effort commitment and certain insubstantial characteristics of a Service, or the personal experience thereof, may differ from the descriptions displayed on the Website.

4.2. We cannot guarantee that all Services will always be available. If you order a Service through the Website that we cannot perform, we will inform you by e-mail as soon as possible and you have the right to cancel your order. We are not liable for the temporary or permanent unavailability of a Service on our Website and / or for any damage that may arise from the non-availability of a particular Service. We have the option to apply specific conditions to a particular offer, such as a limited validity period. Such specific conditions only apply if they are explicitly communicated prior to the order.

4.3. We are not bound by an offer if this offer is clearly affected by a mistake or error. Obvious or obvious errors in the quotation, such as obvious inaccuracies, can, insofar as permitted, also be corrected after the conclusion of the agreement. We cannot be held liable for any (printing) errors in our prices or conditions.

4.4. Your acceptance of our offer is done by placing an order or by booking an appointment on our Website. This purchase is binding. We will send a confirmation of the order or the appointment to the e-mail address you specified within 14 calendar days.

4.5. We reserve the right to refuse an order or appointment due to a serious shortcoming by you in relation to the order in which you are involved.

4.6. In accordance with the Economic Law Code, the Parties explicitly acknowledge that electronic communication forms a valid Agreement. We can use any electronic files we have available, within the limits of the law, to prove the existence of the Agreement. An ordinary, digital or electronically qualified signature is not an essential requirement of proof.

 

5. OUR PRICES

5.1. The prices of our Services are listed on the Website and are pinned at the time of the order or the appointment. The quotation of the price only refers to the Services as described verbatim. All prices stated there are expressed in EURO and include VAT and any other duties or taxes to be borne by you. Any other costs charged are listed separately.

5.2. We have the right to change prices at any time, but we undertake to use the rates indicated on the Website at the time of your order or appointment. If the price change is the result of changes in the VAT rates, it will be charged to you.

 

6. PAYMENT

6.1. In principle, every payment for our Services is immediately and completely handled from the moment you place the order or make an appointment. For the payment of our Services we accept Bancontact, Visa, Mastercard, Payconiq, iDeal, Paypal. In the case of Consultations for live sessions, you are requested to make the payment immediately and no later than 48 hours before the agreed time. If we have not received your payment on time and / or not in full, we have the right to cancel your appointment.

6.2. We can expand the payment options in the future. We take all reasonable steps to ensure the security of your online transactions. We provide security by engaging specialized parties such as recognized credit card issuers and payment partners.

6.3. We use Stripe's external payment platform to process payments. The necessary security measures are provided via TLS. These payments are subject to Stripe's Terms of Use, which is solely responsible for the correct execution of the online payments.

 

7. DELIVERY AND PERFORMANCE

7.1. We process every order as soon as possible. We provide the Services with due care and skills, in accordance with the standards of our industry. We take all reasonable steps to ensure that the Services are provided in accordance with the Agreement and best business practice.

7.2. We will perform our Service on the date stated on our Website at the time you placed the order or the date agreed upon at the time you booked an appointment for the Consultation. The date of execution of this appointment can be found in the confirmation of your appointment that we will send you.

7.3. If you have opted for an online course, webinar or live session for the provision of the Service, you will receive a unique security code via the e-mail address provided by you prior to the execution of the Service. You can use the security code to log in to the Teachable application at the agreed time, in the case of online courses, or to the Zoom application, in the case of live sessions or webinars, at which the performance of the Service will start. By using these applications, you expressly agree to the terms and conditions of the Teachable and / or Zoom applications. However, we cannot guarantee that the Teachable and / or Zoom applications will work at all times. After all, we use the Teachable and / or Zoom platforms “if available” and “with all defects”. However, if the Service cannot be performed due to a defect due to the Teachable and / or Zoom platforms, we will use Google Hangouts. In that case, the terms of this application apply.

7.4. It is your responsibility to enable the delivery of the Services at the agreed time. If the Service cannot be performed due to a shortcoming on your part, it cannot be canceled or refunded. If you cancel a Consultation in advance, you have the right to make a new appointment. However, if you cancel the Consultation less than 48 hours prior to the agreed time, or if the performance of the Consultation cannot be performed at the agreed time due to a shortcoming on your part (such as a no-show), the amount will already be received. payment to us deemed to be fully acquired.

7.5. If we are unable to provide the Services at the agreed time, then you request that the performance of the Agreement commence within an additional timeframe that is appropriate under the circumstances. If we do not start performing the Service within the additional term, you have the right to terminate the Agreement.

7.6. If Additional Products are provided for the provision of a Service, we will make every reasonable effort to deliver those Additional Products within seven (7) business days of placing your order. It is your responsibility to facilitate delivery of the Additional Products at the agreed location in your presence or in the presence of a third party designated by you. There is a delivery of the Additional Products as soon as they have been offered to you once. If an offered delivery of Additional Products is unsuccessful as a result of a shortcoming on your part or a shortcoming of the third party designated by you, then any costs of a new delivery attempt will be entirely at your expense.

7.7. If we are unable to have the Additional Products delivered within seven (7) working days, you request that the delivery be made within an additional period that is appropriate under the circumstances. If we do not deliver within the additional period, you have the right to terminate the Agreement. In such case of termination, we will refund all amounts paid as soon as possible and no later than fourteen (14) calendar days after the termination of the Agreement. Exceeding the delivery time does not give rise to any other (damage) compensation.

 

8. RIGHT OF WITHDRAWAL

8.1. This clause applies only to Consumers as defined in Article 1 of these Terms of Use. This clause only applies in the case of distance selling. Distance selling means that an Agreement is concluded without the simultaneous physical presence of us and the Consumer, and that until the conclusion of the Agreement, only remote communication techniques are used. This can be understood as booking a Consultation for a live session.

8.2. Based on the right of withdrawal, the Consumer can still cancel the purchase within fourteen (14) calendar days from the day following the conclusion of the Agreement with regard to Consultations for live sessions. The Consumer is not obliged to pay compensation or state a motive. We would of course like to hear the feedback so that we can improve our services.

8.3. If you have agreed that the performance of the Consultations for live sessions will start in the withdrawal period, this will constitute a waiver of your right of withdrawal.

8.4. If the Consumer wishes to invoke the right of withdrawal, this must be communicated to us within fourteen (14) calendar days after the conclusion of the Agreement with regard to Consultations for live sessions. The Consumer can inform us by e-mail, in writing and explicitly, and can be sent to info@vocallogopedie.com .

8.5. If the Consumer invokes the right of withdrawal in accordance with these Terms of Use and the legal provisions, we will refund the amount actually paid to the Consumer within fourteen (14) calendar days. We will reimburse the Consumer with the same payment method with which the original transaction was carried out, unless the Consumer has explicitly agreed otherwise. In any case, no costs will be charged for the refund.

8.6. The Consumer has no right of withdrawal for service contracts after full performance of the service if the performance has started with the Consumer's explicit prior consent, and provided that the Consumer has acknowledged that he will lose his right of withdrawal once the company has fully performed the contract (Article VI.53.1 ° Economic Law Code).

 

9. CUSTOMER SERVICE

9.1. We strive to keep our customers satisfied. Our customer service is therefore available to you on telephone number +32 479 68 88 53, by e-mail at info@vocallogopedie.com or by post at the following address Molièrelaan 188, 1050 Elsene. Any questions, complaints or comments about Services, the ordering process or the use of the webshop can be directed to this.

 

10. LIABILITY

10.1. To the extent that this is permitted, we cannot be held liable for indirect and consequential damages. Unless excluded by mandatory law, we are only liable for damage caused by our failure to comply with our obligations, if and insofar as this damage is caused by our willful and serious fault. We are not liable for other errors.

10.2. Nothing in these Terms of Use is intended to exclude or limit your legal rights. In addition, nothing in these Terms of Use is intended to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees); or for fraud or fraudulent misrepresentation.

10.3. Should we nevertheless be held liable, the amount of the compensation will be limited to the total amount that you have paid for the Services purchased.

 

11. PROTECTION OF PERSONAL DATA

11.1. The information you provide is necessary for the processing, handling and completion of your orders, and the preparation of the invoices. If this information is missing, your order cannot be executed. Providing incorrect or false personal data is considered a violation of the current Terms of Use. Your personal data will only be processed in accordance with our https://www.vocallogopedie.com/privacy-policy privacy policy.

 

12. INTELLECTUAL PROPERTY

12.1. We guarantee that we have the necessary rights to offer our Services and Additional Products. All intellectual property rights and derivative rights in these Services and Additional Products remain with us and / or the actual entitled party. These intellectual property rights include copyright, trademark, design and design rights and / or other (intellectual property) rights, including patentable or non-patentable technical and / or commercial know-how, methods and concepts.

12.2. The content of the Website is our property. This includes: texts, graphics, photos, images, moving images, sounds, illustrations and software. The content is protected by copyright or other rights. It is prohibited to copy, publish, duplicate or use in any other way this content without our written permission.

 

13. FORCE MAJEURE

13.1. We are not responsible for compliance with our obligations under these Terms of Use in the event of force majeure. Force majeure is understood to mean the situation in which the performance of our obligations is wholly or partially prevented, whether or not temporarily, due to circumstances beyond our control.

13.2. In case of force majeure these obligations will be suspended and we will make all reasonable efforts to limit the consequences of the force majeure situation. In case the force majeure lasts longer than two (2) months, each Party is entitled to terminate the Agreement by giving written notice to the other Party, without the Parties owing each other any compensation for this (except for the reimbursement of the Service paid for by you and not provided).

 

14. GENERAL

14.1. If any provision of these Terms of Use (or part thereof) is declared void, invalid or unenforceable, then such nullity, invalidity or unenforceability will in no way affect the validity or enforceability of the other provisions of these Terms of Use. In the event of nullity, invalidity or unenforceability, the Parties will negotiate, to the extent possible, to replace the void, invalid or unenforceable provision (or part thereof) with an equivalent provision that complies with the spirit of these Terms of Use.

14.2. Our failure to demand strict application of any of the provisions of these Terms of Use cannot be regarded as an implied waiver of our rights and does not prevent us from later demanding strict compliance with these provisions.

14.3. These Terms of Use, including any references contained in the Terms of Use, fully reflect the rights and obligations of the Parties and supersede all previous agreements and proposals, whether oral or written, including any terms and conditions of the Parties.

14.4. The Terms of Use always and exclusively apply to all current and future Agreements between you and us, except in the case of an express deviation. An express deviation is only valid insofar as it is the result of a mutual agreement between you and us that is explicitly recorded in writing. Express deviations are only valid to replace or supplement the clauses to which they relate. The other provisions of these Terms of Use remain fully applicable.

 

15. APPLICABLE LAW / COMPETENT COURT

15.1. To the extent permitted by law, all agreements to which these Terms of Use apply are governed by Belgian law, with the exception of the Vienna Convention on Contracts for the International Sale of Goods.

15.2. The Consumer can also bring a dispute about these Terms of Use before an independent body. More information on consumer dispute resolution can be found at: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show .

15.3. Any dispute regarding the interpretation or application of these Terms of Use falls under the exclusive jurisdiction of the courts where our principal place of business is located, unless otherwise required by law.

 

 

© 2020 deJuristen ICT law & intellectual property ( http://www.dejuristen.be ). The information provided is protected by copyright, so that the information may not be reproduced or communicated without the prior written permission of deJuristen ( contact@dejuristen.be ). All applicable intellectual property rights are thus retained.

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Molièrelaan 188 - 1050 Elsene

+32 479 688 853

All prices are always inclusive of VAT. (speech therapy and psychology are exempt from VAT)

© 2017 Vocal Speech Therapy - All rights reserved