Updated on 25 August 2020
GENERAL TERMS & CONDITIONS, DISCLAIMERS
Article 1: General provisions
Brussels Mindfulness is the exclusive contracting party for all services performed by its trainers, employees and/or appointees. Brussels Mindfulness is a Belgian company that has taken the form of a private company with limited liability (bv / srl).
Brussels Mindfulness SRL
Avenue d'Itterbeek 276
1070 Brussels (Belgium)
Enterprise No: BE 0666.884.995
referred to as “Brussels Mindfulness”
These General Terms and Conditions ("Terms and Conditions") apply to all services and products provided by Brussels Mindfulness to offline and online customers ("Customer").
By ordering any service or product, Customer accepts these Terms and Conditions without reservation to the exclusion of all others. Additional terms and conditions of the Customer are excluded, unless they have been explicitly accepted in advance and in writing by Brussels Mindfulness.
Article 2: Online offers and use of electronic communication
The website of Brussels Mindfulness offers its customers the possibility to purchase services or products online.
Even though the offer published online on the Brussels Mindfulness website is compiled with the greatest possible care, it is still possible that the information offered is incomplete, contains material errors or is not up to date. Obvious mistakes or errors in the offer are not binding on Brussels Mindfulness. Brussels Mindfulness is only bound by an obligation of means with regard to the correctness and completeness of the information provided. Brussels Mindfulness is in no way liable in the event of manifest material errors, typesetting or printing errors.
If the Customer has specific questions about the services offered, we ask the Customer to contact us before registering, via email@example.com.
Brussels Mindfulness communicates with Customer electronically via the internet and email and uses electronic tools and solutions. Both electronic communications and electronic work tools and solutions entail risks from a security and confidentiality perspective; in electronic communications, application may be made of filters, firewalls and other security devices which may block legitimate emails that may therefore remain unread. If you would prefer that we do not communicate via the internet or email or use electronic work tools and solutions, please inform us accordingly.
Article 3: Purchase orders
The offer of products or services whether online or offline and relating to courses, retreats or other activities, is valid as long as the maximum number of participants has not been reached and can be adapted or withdrawn at any time by Brussels Mindfulness. Brussels Mindfulness cannot be held liable for the non-availability of a service. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
For activities such as our retreats and teacher training which include food, vegetarian meals will be served, unless it is stated otherwise. Please note that we cannot cater for any other diet or allergies except of lactose and gluten free meals. Should you follow another diet or have any other allergy or intolerance, please bring your own food. In such cases, no partial refund can be granted.
To register online for an activity organised by Brussels Mindfulness, the Customer completes the registration form on the relevant page on the website. The Customer is then referred to an external shopping cart http://www.e-act.nl/ where the Customer must fill in further details for the processing and payment of the order.
The payment is made via the payment provider Mollie (www.mollie.com). The Customer has the choice between the following payment methods:
- by credit card
- by credit card (MrCash)
- via IDeal
- via internet banking (KBC or Belfius)
If it is impossible for the Customer to pay via the online payment system, the payment can also be made by bank transfer to account number BE64 5230 8083 7552. In this case, the Customer must contact Brussels Mindfulness at firstname.lastname@example.org before making the payment.
In case the Customer’s employer is willing to finance the course, product or service, then the Customer should contact Brussels Mindfulness mentioning all contact details of the employer and (if applicable) the VAT number in order to receive an invoice. Should the Customer or his /her employer be exempt of VAT this should also be communicated beforehand so that an invoice without VAT can be issued.
Brussels Mindfulness is entitled to refuse an order due to a serious shortcoming by the Customer in relation to orders or any registration for a course, product or service.
Article 4: Prices
All prices mentioned on the website are expressed in EURO, always including VAT (unless explicitly stated otherwise) and all other taxes or duties that the Customer is obliged to pay.
If delivery costs, reservation costs or administrative costs are charged, this will be stated separately. Invoices that have not been contested by registered letter within eight (8) days after they were issued and sent, shall be deemed to be definitive.
The quotation of price relates exclusively to the services as described verbatim. Any accompanying photos or photos in any promotional or other material online and offline are intended for the purpose of illustration only and are purely decorative; such photos may contain elements that are not included in the price. The training location and teacher can be different from the site mentioned in the offer or from the location at which photos in any promotional or other material online were taken; neither the training location, nor the person of the teacher constitutes a determining factor for the conclusion of the contract: they can be changed by Brussels Mindfulness with advance notice as long as the objective of the training is not compromised.
Article 5: Cancellations and refunds
Customers have the right to withdraw from an activity, service or product ordered online within 14 days after they made their order through the online registration and payment process. No refunds will be given if the Customer cancels his/her participation after the initial 14 days after purchase or if the activity (delivery of any product or service) has already started. In case of any activity with accommodation and/or catering, if costs for accommodation and/or catering have already been made, these will be charged.
No refund will be given once the initial 14 days have passed. However, it is possible for the Customer to reschedule his/her participation to a similar activity taking place at an alternative time and place, until 30 days before the start of the activity which the Customer initially ordered. Such rescheduling is subject to availability and in agreement with Brussels Mindfulness. In case of any accepted rescheduling, an additional administration fee of 75€ will be charged.
It is possible for someone else to participate and take the place of the Customer. In case of such replacement (assignment of the contract), the Customer should contact Brussels Mindfulness with the contact details of the person replacing the Customer, at least 48 hours prior to the course, retreat or workshop. Brussels Mindfulness reserves the right not to accept the participation of the person that is proposed.
A listed participant who does not start in (no-show), or withdraws from (and unduly cancels) an activity is not entitled to reimbursement of the fee.
For online courses, no refunds will be granted in case of technical (login or other) problems from the side of the participant. Participants are requested to make sure their video and audio settings are functioning well before logging in.
In case of any cancellation of a course, retreat or workshop by Brussels Mindfulness, a free rescheduling to a similar activity at a future date or a full refund will be granted. In the case that Brussels Mindfulness is required to change an in-person course or workshop to an online format due the authorities restricting physical meetings for a certain amount of time, no rescheduling or refund will be granted.
For the 8-week mindfulness course, of which several are simultaneously organised in parallel on different days every week, in case of cancellation by Brussels Mindfulness of one of the courses on any given day, the participants to that course will be invited to join another course on one of the other days, subject to availability. If this is not possible, a full refund will be granted. If the course for which the Customer registered initially is maintained, the cancellation of one of the parallel days does not entitle a Customer to a refund.
If the Customer forgets to use a discount code during the registration and payment process, the difference cannot be refunded.
Article 6: Conditions for participation and limitations of liability
In order to register for a course, retreat or workshop organised by Brussels Mindfulness, it is important that the Customer is in good mental and physical health. The Customer is invited to fill out details about his/her mental and/or physical health that may be counter-indications of participation in the registration form of the relevant activity. Brussels Mindfulness reserves the right to refuse the participation of the Customer based on this information.
By agreeing with these terms and conditions, the Customer acknowledges that the courses, retreats or workshops organised by Brussels Mindfulness are not intended as a substitute for any medical or psychological treatment by a medical doctor or psychotherapist.
If the Customer is currently suffering, or has suffered in the past from any psychological condition (e.g. depression, psychosis, …), it is the Customer’s responsibility to decide, together with a medical doctor or with a qualified psychotherapist, whether he/she is apt to participate in the course, workshop or retreat.
If necessary, the teachers at Brussels Mindfulness are willing to give the Customer more information in order to assist with this decision, but Brussels Mindfulness declines any responsibility regarding the assessment of the psychological condition of the Customer.
The participants must follow the rules and regulations as outlined at the beginning of the course. In the case of non-compliance the teacher has the right to exclude a participant from a course or event.
Brussels Mindfulness is only liable to the participant or customer for willful misconduct or gross negligence on its part or on the part of its employees. In case of any liability, consequential damages are excluded. Any liability is always limited to the lesser of the insured amount as specified in Brussels Mindfulness’ liability insurance or the price paid by the customer. Liability claims against Brussels Mindfulness are subject to a limitation period of six months from the date on which the right to damages arose, notwithstanding shorter legal limitation periods.
Brussels Mindfulness takes measures to its best ability in order to guarantee a safe environment for its participants. However, the Customers are expected to take their own responsibility and follow the legal requirements to protect their own and others' health during their participation in activity. Participants are as well requested to stay at home if they feel ill, so that others cannot be infected. In the event of any illness or injury occurring during or after any of its events, Brussels Mindfulness cannot and shall not be held liable.
Article 7: Penalties for non-payment
Unless specified otherwise in the order form or confirmation, payment of the price is due upon receipt of invoice and must be paid in full within 10 days.
Without prejudice to the exercise of other rights available to Brussels Mindfulness, in the event of non-payment or late payment, the Client will be liable, immediately and without notice, to pay to Brussels Mindfulness interest on the unpaid amount at the rate of 10% per annum. In addition, the Customer shall be liable automatically and without notice to pay a fixed indemnity of 10% of the due amount, with a minimum of 25 euros per invoice.
All training documents are intended for the exclusive personal use of the Customer/participant.
Intellectual property rights in respect of any documents and output which Brussels Mindfulness generates in connection with its work, belongs to Brussels Mindfulness, although the Customer is entitled to use the results for the purposes for which they were produced. Unless otherwise expressly agreed, no document or other work product may be generally circulated or used for marketing purposes.
Article 9: Termination - Force Majeure
Brussels Mindfulness is entitled to terminate this contract if excess or insufficient registration renders the service impossible to be conducted in proper or economically feasible circumstances.
Brussels Mindfulness is also entitled to terminate the contract due to illness of teachers, technical or other reasons beyond Brussels Mindfulness' control.
Article 10: Invalidity - Non-elimination
If any provision of these Terms is held to be invalid, illegal or void, the validity, legality and applicability of the other provisions shall not be affected in any way.
Brussels Mindfulness's failure at any time to enforce any of the rights listed in these Terms, or to exercise any right hereunder, shall never be construed as a waiver of such provision and shall never affect the validity of such rights.
Article 11: Evidence
The Customer accepts that electronic communications and backups may serve as evidence.
Article 12: Applicable law - Disputes
The contract and any dispute arising between parties shall be governed solely by Belgian domestic law.
In accordance with the Brussels I Regulation (Regulation 44/2001), this choice of law provision shall also apply to any Customers who are domiciled in the E.U. (as well as those Customers who are domiciled outside the E.U. to the extent allowed by law).
All disputes between the parties shall be settled before the Belgian courts, judicial district of Brussels. Brussels Mindfulness reserves the right to commence proceedings before the courts of the Customer’s domicile.