General Terms and Conditions of Sale

Nathalie Gerard, residing at the address 26 Sint Jansstraat, 3080 Tervuren, Belgium, VAT number: BE 0507 628 318 

Email address: nathalie@nathaliegerard.be 

Phone number: +32 478/22.37.47

General terms and conditions of sale of services and products sold on nathaliegerard.be

Last updated: 01/09/2024

Article 1 – Scope

These general terms and conditions of sale or provision of services apply, without restriction or reservation, to all products and/or services offered for sale, to all transactions concluded via the website nathaliegerard.be and directly with Nathalie Gerard.

A “customer” is considered to be any individual or legal entity making an order with Nathalie Gerard and/or nathaliegerard.be, validated via Paypal, credit card, bank transfer to the account IBAN No. BE64 9734 1481 2652 BIC ARSPBE22, or in cash.

Any order placed on the website nathaliegerard.be and/or made during a consultation or a discovery session with Nathalie Gerard implies full and unconditional acceptance of these general terms and conditions of sale.

Article 2 – Prices

The applicable rates are indicated in euros, including all taxes (VAT and other applicable taxes on the day of the order). We reserve the right to apply any new tax or rate increase.

All orders, regardless of their origin, are payable in euros.

In the case of an order to a country other than Belgium, you are considered the importer of the product(s) concerned. Customs duties or other local taxes, import duties, or state taxes may be payable. These fees and charges are not the responsibility of Nathalie Gerard.

The price of articles or services can be changed at any time. However, the price applied to an order will be the one indicated at the time of the order, whether it is full price or discounted (launch offer, limited-time offer, etc.).

Article 3 – Order Validation

Any order placed on the nathaliegerard.be website implies acceptance of these General Terms and Conditions. Any confirmation of an order means your full and unconditional acceptance of these general terms and conditions of sale, without exception or reservation.

All data provided and the recorded confirmation will serve as proof of the transaction.

You declare that you are fully aware of this.

The order confirmation will be considered as a signature and acceptance of the transactions carried out.

A summary of your order details and these General Terms and Conditions will be sent to you in PDF format via the email address used to confirm your order.

Article 4 – Payment

By validating your order, you agree to pay the indicated price.

Full payment, or partial payment in the case of installments, for the training or service requested is required immediately upon order. Payment for your purchases can be made by credit card through the secure Woocommerce system, credit card (via Paypal and Stripe platforms), bank transfer, or in cash. Any guarantee regarding the security of this system is the sole responsibility of our partners and cannot be attributed to Nathalie Gerard.

The bank transfer must be received before any delivery of an access code or physical or digital product.

By providing their banking information at the time of the sale, the customer authorizes the seller to debit their card for the amount corresponding to the indicated price. The customer confirms that they are the legal holder of the card to be debited and are legally entitled to use it. In the event of an error or inability to debit the card, the sale will be automatically canceled, and the order annulled.

Invoices must be paid in full.

In the case of late payment, the first and second reminders will be charged at 50 euros (excluding VAT) each, the third reminder and formal notice at 75 euros (excluding VAT), and the opening of a debt recovery file with a bailiff at 150 euros (excluding VAT). Bailiff fees will be charged in addition. Legal and attorney fees will be at your expense.

Article 5 – Installment Payments

In the case of installment payments, the customer agrees to a fixed payment amount and duration, which cannot be altered until the entire debt is cleared, except in cases of the legal withdrawal period and termination.

In the event of a problem with an installment payment, the client will only have access to the service once the issue or payment incident is resolved. The entire training course must be paid for full access.

Article 6 – Withdrawal

For professional training courses aimed at individuals with a professional objective, the right of withdrawal does not apply.

In accordance with the provisions of the Economic Law Code, you have a withdrawal period of 14 days starting from the day the contract is concluded, in the case of a service, or the day you receive your products, in the case of a sale, to exercise your right to withdraw without having to provide a reason or pay any penalty.

If the customer wishes to exercise this right, they must write a clear declaration expressing their intention to withdraw and send it to Nathalie Gerard at the address mentioned at the beginning of these terms by registered letter with acknowledgment of receipt.

In case of withdrawal, Nathalie Gerard will refund the amounts paid within 14 days of the notification of your request using the same payment method used for the order.

However, if the customer has caused depreciation of the goods received due to handling that was unnecessary to establish the nature, characteristics, and proper functioning of the goods, the right of withdrawal will be excluded.

In addition, any advantages or promotional offers linked to the original purchase for which the customer exercises their right to withdraw will automatically be canceled.

In any case, this right cannot be exercised for a service that has been fully or partially executed with the customer’s consent.

EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

Some of the products and services offered are not subject to this right of withdrawal. The Economic Law Code specifies:

“The right of withdrawal cannot be exercised for contracts:

1° For the supply of services fully executed before the end of the withdrawal period and where execution has begun after the consumer’s prior express consent and waiver of their right of withdrawal;

(…)

9° For the supply of audio or video recordings or computer software unsealed by the consumer after delivery;

(…)

13° For the supply of digital content not provided on a physical medium where execution has begun after the consumer’s prior express consent and waiver of their right of withdrawal.”

Thus, when the customer explicitly accepts these general terms and conditions by ticking the box acknowledging they have read them, they understand they will not be able to exercise their right of withdrawal for any digital content not provided on a physical medium.

Article 7 – Access to Member Areas

After purchasing access to a member area, you will be able to access this area as long as the site remains online.

The site administrators may revoke your access to a member area if malicious behavior towards the site or its users is observed.

Article 8 – Proper Conduct of Services and Sessions / Rules

Here are a few points to ensure our treatments or sessions proceed as smoothly as possible:

Appointments for treatments (massages, energy treatments) are arranged by mutual agreement or when booking online. In case of cancellation, please notify me 48 hours in advance. After 24 hours, the treatment will be due. In case of no-show, the treatment is due.

Appointments for support sessions are arranged in advance by mutual agreement via phone, email, WhatsApp, SMS, or Messenger.

For organizational reasons, in case of cancellation, please notify me 48 hours in advance. Otherwise, the session will be due or deducted from the program.

In case of a no-show, the session is due or deducted from the program.

In case of delay, please notify me via SMS or call at +32 475 22 07 65. The lost time will not be rescheduled or extended, out of respect for the next client and for scheduling reasons.

Article 9 – Limitations and/or Exclusions of Liability

Nathalie Gerard’s liability cannot be engaged for any inconvenience or damage inherent in the use of the internet, such as service interruptions, external intrusions, or computer viruses.

The customer and/or participant and/or subscriber and/or user acknowledges and agrees that:

– Any content delivered by Nathalie Gerard, in any form (ideas, concepts, strategies, advice, etc.) comes with no promises or guarantees of any kind (results, gains, benefits, success, performance, etc.).

– Nathalie Gerard is not responsible for or bound by any promises or guarantees.

– The customer and/or participant and/or subscriber and/or user is solely responsible for their level of participation/involvement, decisions, actions, and results.

The customer and/or participant and/or subscriber and/or user will not, in any way, hold Nathalie Gerard responsible for their level of participation/involvement, decisions, actions, or results.

Nathalie Gerard cannot be held liable under any circumstances for any loss or damage caused, or alleged to be caused, in connection with the use of her advice, products, or services, regardless of their form.

Nathalie Gerard does not offer professional advice, whether medical, psychological, or financial, and any content delivered by Nathalie Gerard, in any form (ideas, concepts, strategies, advice, etc.), cannot substitute for the opinion or intervention of a duly authorized professional.

Therefore, Nathalie Gerard cannot be held liable for any damage of any kind (physical, financial, illness, death, etc.).

In any case, Nathalie Gerard’s liability, if applicable, would be contractually limited to compensation that could not exceed the amounts spent on the purchase of the good or service, whether for damages (including physical) or losses suffered or other causes.

Article 10 – Invalidity – Force Majeure – Applicable Law

If one or more stipulations of these General Terms and Conditions of Sale are held to be invalid or declared as such under a law, regulation, or following a final decision of a competent court, the other stipulations will retain their full force and scope.

In case of force majeure, the performance of services and obligations by Nathalie Gerard may be suspended, deferred, or modified as necessary.

These General Terms and Conditions of Sale are governed by Belgian law.

In case of a dispute or conflict, both parties agree to find an amicable solution first. If no solution can be found, only the Belgian courts will be competent to rule on the case.

Article 11 – Intellectual Property

All elements of the website Nathaliegerard.be are and remain the intellectual and exclusive property of Nathalie Gerard. No one is authorized to reproduce, exploit, redistribute, or use in any manner, even partially, any elements of the website, whether software, visual, or audio, without the express written permission of Nathalie Gerard. Any simple or hypertext link is strictly prohibited without the express written consent of Nathalie Gerard.

Article 12 – Personal Data

Nathalie Gerard reserves the right to collect personal information and data about you. These are necessary for the management of your order, as well as for the improvement of the services and information we provide to you.

These data may also be transmitted to companies that contribute to these relationships, such as those responsible for executing services and orders for their management, execution, processing, and payment.

This information and data are also stored for security purposes to comply with legal and regulatory obligations.

In accordance with the law of January 6, 1978, you have the right to access, rectify, and oppose personal information and data concerning you, directly on the website.