General Terms and Conditions

 

Preface

The expertise of Mindset Solutions (KBO n° 0771.551.163) guides people towards a balanced lifestyle and healthy mindset through personal growth coachings.

Consultations and/ or  coachings take place online.

The registered office of Mindset Solutions is located at:

Canadezenlaan 12
2920 Kalmthout
Belgium

The general email address of Mindset Solutions: info@mindsetsolutions.eu

The Client reads and accepts the following General Terms and Conditions used by our coaching services:

Article 1. Application

These general terms and conditions apply to all offers, consultations, group consultations, products, online webinars, training courses and / or other agreements with Mindset Solutions, to the exclusion of other or opposite conditions.

These general terms and conditions can be changed by Mindset Solutions, if updates are applicable, they will be published on the website.

Contact with Mindset Solutions is strictly confidential and in regulation with European GDPR.

Mindset Solutions protects your personal data. Any contact with Mindset Solutions is confidential, except when this would not be possible due to the nature of the activity. With a group session, a group zoomcall or  a group webinar the Client accepts that he or she participates in a group.

The Client acknowledges and accepts the privacy policy of Mindset Solutions. This privacy policy is to be found on the website of Mindset Solutions.

Article 2. Offer and acceptance

A (digital) offer via any remote channel (website, social media, ..) is without obligation, until the Client accepts and buys the coaching services. Mindset Solutions has the right to adjust the rates and / or conditions of their coaching services and will inform potential and active clients if so. When a Client accepts the current offer, he/ she accepts the Terms and Conditions and subsequently receives a confirmation from Mindset Solutions, which is binding for both parties.

The Client provides correct and complete information to Mindset Solutions in order to start the coaching services.

The Client accepts electronic communication in this regard. 

Mindset Solutions reserves the right to refuse or cancel a coaching service agreement in the event of (i) an existing legal dispute with a Client or, (ii) refusal of authorization of the payment by the financial body that controls the payment of the Client (iii) for serious cause or apparent misbehaviour  by the Client during the coachings. In these cases, Mindset Solutions cannot be held responsible in any way, and all co-operation is suspended with immediate effect from the moment of communication by Mindset Solutions towards the Client envolved. 

Please note: participation to coaching programs is only guaranteed after payment is received. In case of cancellation by the Client, Mindset Solutions does not provide a refund of the amount already paid. In case of cancellation on our part by force majeure, the amount paid by the Client will be transferred back. However, this happens exceptionally. 

Article 3. Price

The price depends on the chosen products and services. The Client can always consult the current quotation on the website. The prices shown are in euros (€) and legally compliant with VAT regulations; all costs are visible for the Client during the purchase procedure.

Article 4. Payment

Payment is done by electronic payment. After confirming the order, the Customer chooses one of the proposed payment mechanisms by Mindset Solutions.

If a payment in full has been agreed with Mindset Solutions, the Client pays 100% of the amount on the invoice sent to him/ her in order to join the coaching program and receive the corresponding products and services. 

If payment in parcels has been agreed, the Client pays the first monthly fee applicable and agrees to pay the other parcels per month  for the duration of the chosen coaching program. Mindset Solutions issues an invoice per coaching month, as agreed with the Client. Refunds are not possible after having paid for a coaching parcel, if the Client abandons his/ her coaching sessions.

All our invoices are payable to Mindset Solutions BE72 9734 0037 5416 on the due date. The Client accepts that Mindset Solutions sends the invoices digitally to the specified email address of the Client.

Any delay in payment by the Client makes all amounts due by operation of law and without notice of default and gives Mindset Solutions the right to suspend further performance of the services.

If the permitted payment term is exceeded, an interest of 10% per month from the due date of the invoice will be owed on the amounts due, ipso jure and without any prior notice of default, until the moment of full payment. In addition, any amount unpaid on its due date by way of lump sum damages is automatically and without notice increased by 15% with a minimum of 150 euros even if grace periods are granted. This article applies without prejudice to the right of Mindset Solutions handing over unpaid invoices to legal entities entitled to represent Mindset Solutions, in order to grant the payment agreed upon. 

Each protest must be sent by registered letter to Mindset Solutions within a period of 8 days of the invoice date and must explain the reason for the protest. In the absence of a timely protest, the invoices have been definitively accepted and full payment is due. The protest does not suspend the Customer’s obligation to pay.

Article 5. Exceptions to the right of withdrawal for the consumer:

Services purchased from Mindset Solutions

The right of withdrawal does not apply in the art. VI 53 of the Code of Economic Law in certain cases, as stipulated below:

The  right of withdrawal in which Article VI. 47 Code of Economic Law does not provide for exercise for service contracts after full performance of the service:  if the performance has started with the Consumer’s explicit prior consent and provided the Consumer has acknowledged that he will lose his right of withdrawal once the company has fully performed the contract.

As soon as information has been made downloadable and the course / coaching / info can be viewed, the Client accepts that the service has been completed.

Services: 1-1 consultations, workshops, group coachings, zoom calls, webinars, e-books, e-learning documents … are therefore excluded from the right of withdrawal once they have been made available.

When registering online for the services of Mindset Solutions, the Client does not have a right of withdrawal as stipulated in Article VI.47 Economic Law Code. The sale of a place within, for example, a workshop / training service / 1-1 coaching is always done by name or is carried out immediately and is therefore excluded from the right of withdrawal.

Article 6. Delivery of the services by Mindset Solutions

What the Client gets during a specific coaching program is clearly explained on the website. 

Article 7. Website Disclaimer

The information on the website of Mindset Solutions is of a general nature. The information is not adapted to one individual or one specific circumstance and therefore cannot be regarded as a personal advice to the website visitor.

Mindset Solutions cannot be held liable for direct or indirect damage resulting from the use of the information on its website.

Article 8. Intellectual property rights (confidentiality, reputation)

The content of this site, including brands, logos, drawings, courses, powerpoints, data, product or company names, texts, images, quotes, etc., are protected by intellectual rights and belong to Mindset Solutions and cannot be duplicated.

For specific coaching programs an individual ‘active client login + password’ can be given to the Client.  These individual login + password are personal and may not be shared with third parties.

The Client will not damage Mindset Solutions’ public reputation. The parties will be bound to warant a respectful and complete confidentiality obligation. This respectful and confidentiality obligation will apply during the term of the coaching agreement and after.

If the Client acts in violation of these terms and conditions or acts unlawfully or causes damage to Mindset Solutions, the latter is entitled to deny access or to suspend services, without prejudice to the compensation that Mindset Solutions can claim for this from the Client.

Article 9. Dissolution of the agreement

In the event of death, bankruptcy, incompetence, manifest insolvency, suspension of payment, reorganization, dissolution, change of company or any fundamental change in the legal status of the Client, in the absence of payment for a coaching service, the information available within the period of 7 days after e-mail about the delay already incurred or in the event of non-compliance with the stipulated payment conditions, Mindset Solutions reserves the right to suspend further coaching services. This without the Client being able to claim any compensation for this.

In such event, the compensation is due to Mindset Solutions by the Client as stipulated in article 4, without prejudice to the right to claim additional compensation. It is sufficient for Mindset Solutions to express its explicit intention to do so by registered letter. If the coaching services were suspended by Mindset Solutions, Mindset Solutions itself determines when and if it will resume the coaching services towards this Client, without owing any compensation for this. 

Article 10. Force majeure

When Mindset Solutions is unable to perform coaching services due to force majeure, it has the obligation to inform the Client as soon as possible. Mindset Solutions will resume the coaching services as soon as possible. The following are considered as cases of force majeure: natural conditions, pandemic, lockdown, lock-out, fire, flood, seizure, embargo, hacking or total power failure, internet fall-out.

Article 11. Applicable law – competent court

Belgian law applies to the agreements of Mindset Solutions. 

Any dispute regarding the conclusion, validity, execution and/ or termination of the agreement between Mindset Solutions and the Client will be settled by the competent Courts of the province of Antwerp, Belgium.

Mindset Solutions, 


version 01 – July  2021

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