General sales and delivery conditions

Gardens in Motion (January 2022)

These general terms and conditions govern the collaboration with Sofie Hoste, trading under the names "Tuinen in Beweging", with registered office at 3010 Kessel-Lo, Albrecht Rodenbachstraat 65, registered in the KBO and VAT register with number BE0746.383.722, tel. +32 494 982369, email sofie@tuineninbeweging.be (hereinafter referred to as 'Gardens in Movement').

In addition, every legal relationship between Tuinen in Beweging or Sofie Hoste and the Customer (together referred to as the 'Parties') is governed by these general terms and conditions, possibly supplemented with specific conditions (including in the context of an SME portfolio application), except express written deviation from this.

These Conditions annul and replace all written or oral contracts, proposals and commitments relating to the same subject matter that would precede the date of the agreement between the parties.

Article 1 – Application

1.1. The terms and conditions apply when a training package (online or in person - hereinafter 'the services') is booked or an order for material or digital products via the webshop (hereinafter 'the products') of Tuinen in Beweging is placed by a visitor to this site (hereinafter referred to as 'the Customer').

1.2. When ordering a service or product via the Tuinen in Beweging website or webshop, the Customer must expressly accept these general terms and conditions, thereby agreeing to the applicability of these terms and conditions to the exclusion of all other terms and conditions. Acceptance of the Conditions is also derived from the normal performance of the services by Tuinen in Beweging.

1.3. Tuinen in Beweging reserves the right to change or delete the general terms and conditions at any time without any prior notice being necessary. The general terms and conditions that were included on the website and order confirmation at that time apply to every order, with the exclusion of any older or newer provisions.

1.4. If one of these conditions is not legally valid for any reason, the other conditions remain fully applicable.

1.5. The customer is solely responsible for the accuracy of all data he or she provides. By placing an order or booking a service via the website, the Customer confirms that he is a natural person, legally competent and at least 18 years old. Tuinen in Beweging does not bear any responsibility for orders placed by persons or entities that do not meet these criteria or for incorrect data entry by the Customer.

Article 2 – Conclusion of the agreement and ordering process

2.1. Commercial documents and offers do not create any obligations on the part of Tuinen in Beweging.

2.2. The agreement between Tuinen in Beweging and the Customer is only concluded when the order for products or services placed by completing the registration form by the Customer is validated with a confirmation sent by e-mail by Tuinen in Beweging. . The confirmation will be sent to the e-mail address provided by the Customer. It is the Customer's responsibility to ensure that messages do not end up in the spam folder.

For the ordering of products, confirmation is only possible after acceptance of the General Terms and Conditions and full payment of the ordered products by the Customer. Tuinen in Beweging remains the owner of all products until full payment has been made.

2.3. Orders are not binding for Tuinen in Beweging as long as they have not been confirmed by e-mail or any other appropriate means of communication after completing the ordering process.

Article 3 – Product prices

3.1. The sales prices indicated in the webshop for products on the date of the order are the applicable prices. The prices are also stated in the order overview. These prices are expressed in euros and are exclusive of VAT and other levies imposed by the government. After payment, the Customer will receive an invoice.

3.2. Tuinen in Beweging does not charge shipping or delivery costs to the customer for online courses, but does charge for physical products such as flower bulbs.

Article 4 – Prices of services

4.1. The Customer receives an invoice for the amount to be paid. 21% VAT applies to Tuinen in Beweging invoices. The prices stated include VAT unless stated otherwise.

4.2. In the event of payment on invoice and in the absence of payment within the stipulated period, the invoice amount including VAT and other costs and levies will be increased by operation of law and without prior notice of default with interest equal to 1% per month, calculated on the outstanding amount, whereby each month started is considered to have expired, and a lump sum compensation of 10% on the amount of the unpaid invoices, with a minimum of EUR 100. All collection costs are also borne by the negligent Customer. If the Customer does not pay on time, Tuinen in Beweging is entitled to refuse the Customer access to the training until payment has been received. Insofar as the Customer continues to fail to pay one or more outstanding invoices from Tuinen in Beweging, Tuinen in Beweging reserves the right to suspend further execution of the assignment until all outstanding invoices are settled (including additional compensation). and late payment interest), or to determine the immediate dissolution of the agreement.

4.3. Any non-payment of an overdue invoice also makes all other invoices due and payable. If Tuinen in Beweging has explicitly permitted repayment terms in writing, the total amount still owed is due and payable without further notice or notice of default as soon as one repayment term has not been respected. All payments will first be charged on the late payment interest already due. In the event of non-payment, all amounts due will be collected through legal proceedings.

4.4. Any protest regarding an invoice must be submitted to Tuinen in Beweging by registered letter within 7 calendar days after the invoice date. The latter is entitled to transfer all claims to third parties, as well as to transfer its own obligations towards the Customer in whole or in part, but Tuinen in Beweging continues to guarantee the proper execution of these obligations where appropriate. The Client is not entitled to transfer his rights and/or obligations towards Tuinen in Beweging.

Article 5 – Online payment

5.1. Payment takes place immediately after ordering. Tuinen in Beweging offers various ways to securely pay online orders electronically via the payment system and payment terms of payment provider Molly. By placing an order and paying via the Tuinen in Beweging webshop, the Customer also declares that he has taken note of the general terms and conditions of the payment provider and accepts to be bound by them.

5.2. No order will be validated without prior receipt of the corresponding payment.

5.3. Tuinen in Beweging only accepts payments from accounts within the European Union.

Article 6 - SME portfolio

The SME portfolio does not currently apply to Tuinen in Beweging products.

Article 7 – Delivery and transfer of risk

7.1. Products ordered via the webshop and workbooks offered as part of a training package will only be made available or delivered after receipt of payment in accordance with Articles 3 and 4 of the current general terms and conditions.

7.2. Workbooks are delivered via postal service or via Tuinen in Beweging's own transport or by an external transport company of Tuinen in Beweging's choice.

7.3. The transfer of risk of the goods takes place at the time of conclusion of the contract in the case of standard shipping. The Customer bears the risk from that moment on.

7.4. Tuinen in Beweging cannot under any circumstances be held responsible for a delivery that arrives later than expected or a package that is lost due to the actions of third parties, due to unforeseen circumstances or due to force majeure. Tuinen in Beweging is also not liable for delays or failure to deliver due to the actions of the carrier. If an order is not delivered within the expected time frame, Tuinen in Beweging will make every effort to deliver the ordered workbooks as quickly as possible.

7.5. If, despite all precautions, certain products are damaged during transport, the Customer can contact Tuinen in Beweging to find a solution.

Article 8 – Liability, indemnities, force majeure and exclusions

8.1. Except for the explicit obligations entered into by Tuinen in Beweging under these general terms and conditions, the liability of Tuinen in Beweging is limited to the liability that is mandatory by law.

8.2. Tuinen in Beweging makes every effort to ensure that the website and webshop are accessible and available 7 days a week, 24 hours a day. However, it is possible that access to the site may be interrupted due to maintenance, website or network updates or other causes or interruptions through no fault of Tuinen in Beweging. Tuinen in Beweging cannot be held liable for losses or damage resulting from such interruptions. Nor is it liable for damage caused directly or indirectly by the use of the website or the webshop, the option to place an online order, nor by any other act of the Customer or of a third party, whether caused by error or negligence, for example (not limited to) due to a design, material or manufacturing defect in the product. Tuinen in Beweging also has no personal information obligation for online orders.

8.3. Tuinen in Beweging is not liable for any material or physical damage, indirect damage or consequential damage that the Customer and/or his appointees suffer for any reason whatsoever, including (not limited to) a shortcoming, negligence, error or serious fault on its part or its employees or suppliers.

8.4. Finally, Tuinen in Beweging cannot be held liable for delays or defects in the execution of the agreement if these delays or defects are the result of facts or circumstances that are independent of its control, that cannot be foreseen and that cannot be avoided ( force majeure), such as (non-exhaustive): illness or unavailability of the executing persons, blocking of distribution or the out-of-stock of certain products. If Tuinen in Beweging is affected by a force majeure situation, it will immediately inform the Customer in writing.

8.5. To the extent that any liability is nevertheless retained, it is limited to reimbursement of the price of the product or training.

8.6. The website is only intended to provide general information to the Customer about the products and activities of Tuinen in Beweging. Tuinen in Beweging only has a best efforts obligation with regard to access, the ordering process, delivery or other services.

8.7. Tuinen in Beweging may place links to other internet sites on the pages of its website. However, Tuinen in Beweging is not responsible for the content of these sites, the advertised products, services or other materials from external sources or for any alleged or actual damage or losses that may result from the use of or connection with such sites or external sources .

Article 9 – Cancellation of orders

9.1. The order for services such as training packages can only be legally canceled by the Customer by sending a registered letter or e-mail. In the latter case, the cancellation is only valid when Tuinen in Beweging has sent a confirmation of receipt to the Customer.

9.2. Cancellation means: canceling and/or not showing up (online or in person) for the training without prior cancellation for any reason, except in cases of proven force majeure.

9.3. In the event of cancellation of a service by the Customer 30 calendar days before the performance date, an additional EUR 50 in VAT and other costs and levies will be charged as a fixed cancellation fee. In the event of cancellation between 14 and 30 calendar days prior to the agreed execution date, the compensation is 75% of the total amount.

If the cancellation occurs later than 14 days before the agreed performance date, the compensation will be 100% of the total amount.

9.4. Orders for (online) products cannot be canceled nor returned once the product has been received, as the product was delivered during the withdrawal period of the digital purchase. Some online products have a 14-day price guarantee, but only on online products where this is explicitly stated. After this 14 day period, the product cannot be canceled or returned.

9.5. Specifically for the membership/subscription of the Online Atelier Garden Design (OAT), which you can take out after your access to the OAT ends, you can easily cancel it at any time, but at least 3 working days before the next payment takes effect. This can easily be done by sending an email to info@tuineninbeweging.be with 'cancel subscription' in the title and stating your name and email address used for this subscription.

Article 10 – Intellectual property

Designs, concepts, creations, choice of materials, illustrations, logos, drawings, photos, images, design and manufacturing methods, (product) descriptions, data, product or company names, texts, etc. that are developed and/or used by Tuinen in Beweging, in whatever form, are and remain the property of Tuinen in Beweging, as well as any documentation that would be made available to the Customer in this regard or would be placed on the webshop. Publication or other forms of disclosure of this are only possible after written permission has been obtained from Tuinen in Beweging.

Article 11 – Processing personal data

11.1. By placing an order or booking a training course, the Customer gives his express permission to Tuinen in Beweging to process his personal data with a view to the preparation and shipment of the products ordered by him or the delivery of the ordered service. In addition, the data provided can also be used for customer management, the newsletter, advertising or marketing purposes and statistical information collection about Tuinen in Beweging customers. In this context, Tuinen in Beweging also refers to its privacy statement at www.tuineninbeweging.be/privacy.

11.2. The controller, Tuinen in Beweging, respects the General Data Protection Regulation of 24 May 2016 regarding the protection of private life in the processing of personal data.

In accordance with this Regulation, the Customer has a legal right to inspect and correct his personal data, as well as the right to have his data completely deleted. To this end, the Customer must send a written, dated and signed request to Tuinen in Beweging, with proof of identity (copy of identity card).

11.3. All personal data obtained and processed via the website or webshop will be treated confidentially and will under no circumstances be passed on to third parties.

Article 12 – Complaints

Any complaints should be addressed to Tuinen in Beweging.

info@tuineninbeweging.be

Article 13 – Applicable law and competent authorities

13.1. These general terms and conditions and the overall legal relationship between Tuinen in Beweging and the Customer are governed by Belgian law, even if an order is placed from abroad. The application of the Vienna Sales Convention on International Sales Contracts (1980) is expressly excluded.

13.2. The customer accepts electronic evidence.

13.3. Any disputes arising from or related to the legal relationship between Tuinen in Beweging and the Customer will be settled exclusively by the courts of the judicial district of Leuven.

Leuven, January 2022.