Applicability

The legal relationship between The House of Coaching VOF, with registered office at Mosseveldstraat 34b, 9290 Overmere, Belgium and any person wishing to make a purchase through the Website ("the Buyer") shall be governed exclusively by these General Terms and Conditions of Sale. Any other conditions or modifications to these Terms and Conditions shall only apply when approved in writing by The House of Coaching.

If you have any questions or complaints in relation to The House of Coaching provided website the products offered on the Website or these Terms and Conditions of Sale, please contact The House of Coaching Customer Service:

• through the Contact form provided on the Website;
• by sending a letter to the following address: The House of Coaching, Customer Service, Mosseveldstraat 34b, 9290 Overmere, Belgium;
• by telephone to the following number: +32 9 396 80 48. From Monday to Thursday, from 09:00 to 17:00 and on Friday, from 09:00 to 15:00.

To place an order, you must be at least 18 years old.

By placing an order on the Website, the Buyer expressly confirms having read, approved and accepted these General Terms and Conditions of Sale. To this end, the Buyer ticks the provided Box stating "I agree with the general terms & conditions & privacy policy".

The House of Coaching reserves the right to amend these General Terms and Conditions of Sale as appropriate. Each time the Buyer wishes to order products through the website, the Buyer should review these terms and conditions to ensure that he/she understands the Terms and Conditions applicable at the time the Buyer enters into the agreement with The House of Coaching.

Object and conclusion of the agreement

The House of Coaching offers through its Website the possibility to purchase the Products and Services offered there.

The purpose of these General Terms and Conditions is to define the modalities regarding the sale through the Website between The House of Coaching and the Buyer. Among other things, with regard to the order, payment, delivery and revocation.

Unless otherwise stated in writing, the offers on the Website are for information purposes only. These offers are therefore always without obligation. Furthermore, the offers always apply as long as stocks last.

Within the framework of the online shop, the Buyer has the possibility to select individual products from the The House of Coaching online offer, according to desired quantity, and to collect them in an electronic shopping basket by clicking on the "add to basket" button.

The Customer must register for each purchase. After successful registration, the Customer will be asked to enter contact and payment details.

Finally, the customer will make his payment by one of several payment methods. Upon acceptance of the payment, the buyer will obtain a summary of his order as well as a summary sent to his e-mail address.

Each transferred order is binding on the Buyer in its entirety, but The House of Coaching is only bound from the sending of an order confirmation by e-mail. We recommend printing and saving this e-mail.

The House of Coaching reserves the right to refuse any order. An order is deemed to be processed and approved by The House of Coaching from the moment the Buyer has received confirmation from The House of Coaching via e-mail. After sending the e-mail, an agreement ("Agreement") between The House of Coaching and the Buyer is established.

Any or alleged inaccuracies in this order confirmation must be notified in writing by the Buyer within 8 days from the date of dispatch of this order confirmation, under penalty of cancellation.

If The House of Coaching is unable to provide the Buyer with a product or service, e.g. because it is no longer available or because an error has occurred in the display of the price, The House of Coaching will inform the Buyer of this by email as soon as possible and The House of Coaching will not process the Buyer's order. However, The House of Coaching reserves the right, if an ordered Product is out of stock, to propose the Buyer an alternative that is equivalent in quality and price.

In case the Buyer has already paid for the Products, The House of Coaching will refund the Buyer this amount as soon as possible using the same payment method the BUYER used when placing the order.

Product info Website

Images of products on the Website are for illustrative purposes only.

Although The House of Coaching has made every effort to be as accurate as possible, the characteristics of products or services displayed on The House of Coaching's Website may have a reasonable deviation.

Right of withdrawal

The Buyer has the right to withdraw from the agreement within a period of 14 days without giving reasons. The withdrawal period expires 14 days after the day on which the Buyer or a third party designated by the Buyer, who is not the carrier, takes physical possession of the good.

To exercise the right of withdrawal, the Buyer must inform The House of Coaching Customer Service of his/her decision to withdraw from the contract by an unequivocal statement (e.g. in writing by post or e-mail). This can also be done by using the model form provided in Appendix 2 of Book VI of the Economic Law Code.

To comply with the withdrawal period, it is sufficient for the Buyer to send his/her communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

The Buyer must notify The House of Coaching Customer Service via email that he/she wishes to return the products, indicating the relevant order number, the products and the quantity. A refund will be issued after the products have been received and inspected at the premises of The House of Coaching. The Buyer shall bear all direct costs incurred as a result of such return.

If the Buyer withdraws from the contract, he/she shall receive back from The House of Coaching all payments made by him/her up to that point, including delivery costs (with the exception of any additional costs resulting from your choice of a mode of delivery other than the cheapest standard delivery offered by us) without delay and in any event no later than 14 days after The House of Coaching has been informed of the Buyer's decision to withdraw from the contract. The House of Coaching will refund the Buyer using the same means of payment with which the Buyer made the original transaction, unless the Buyer has expressly agreed otherwise; in any event, the Buyer will not be charged for such refund.

The Buyer shall only be liable for the depreciation of the goods resulting from the use of the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods.

In addition to the cases listed in Article VI. 53 of the Economic Code, finally, he/she may not invoke his/her right of withdrawal if:

• the delivered products or services were customised to the Buyer's instructions and wishes;
• the products or services provided are of a personal nature;
• the products or services provided are made available for a limited time;
• the delivered products were incomplete, damaged, soiled or significantly used by the Buyer.

In the event of excessive recalls by the Buyer, The House of Coaching reserves the right to refuse future orders.

Price and payment

The price of products and services is indicated in euros (EUR) and is always stated inclusive and exclusive of VAT. Shipping costs are not included unless otherwise stated. The prices are those in force on the day of the offer on the Website.

The House of Coaching makes every effort to ensure that payments via the Website are made as efficiently and securely as possible. For this purpose, The House of Coaching relies on the secure and reliable payment environment.

The Buyer pays the price when placing his/her order. The Buyer makes his/her payment obligation by debit or credit card as desired.

The House of Coaching does not charge management and/or collection fees for the payment of orders, unless explicitly stated.

Payment of the full price must be made when the order is placed. Shipping of products or provision of services by The House of Coaching will follow only after The House of Coaching has received full payment.

In case of non-payment or late payment or other types of payment problems, the entire amount due to The House of Coaching shall become due and payable by operation of law. This amount shall also be increased by right with annual interest in the amount of 7% of the original amount due.

The House of Coaching takes all reasonable steps to ensure that the prices of products and services are correctly displayed when they are entered into the system. However, the Website contains a large number of products and services and it is possible that, despite The House of Coaching reasonable efforts, some of the products on the Website may be incorrectly priced. If The House of Coaching discovers an error in the price of the products ordered by the Buyer, The House of Coaching will notify the Buyer of this error and offer the Buyer the opportunity to continue the purchase at the correct price or allow the Buyer to cancel the order. The House of Coaching will not process the Buyer's order until The House of Coaching has received instructions from the Buyer. If The House of Coaching is unable to contact the Buyer using the contact details communicated by the Buyer during the ordering process, The House of Coaching will consider the order cancelled and The House of Coaching will notify the Buyer in writing. It should be taken into account that if the error on the price is clear and unmistakable and could reasonably have been recognised by the Buyer as an error on the price, The House of Coaching does not have to deliver the products to the Buyer at the incorrect (lower) price.

Delivery

During the ordering process, the Buyer can choose to collect the ordered product(s) free of charge from a The House of Coaching branch of his/her choice or have the ordered product(s) delivered to the address mentioned during the order. Unless otherwise agreed in writing, a fee of €3.90 will be charged for each delivery in Belgium and Luxembourg. The cost for the delivery of the Products ordered in the Netherlands will be communicated at the time of the order.  

Products ordered will be delivered as soon as possible and in any event within a period of thirty (30) days from the date of receipt of the e-mail confirmation in accordance with article 2.4. The House of Coaching is only obliged to deliver if full payment for the order has been received. If it is not possible for The House of Coaching to deliver the products in the specified period or quantities, The House of Coaching must notify the Buyer in writing. Failing this, the Buyer may terminate the agreement.

Delay in the delivery of the Products may in no case, by operation of law, entail the annulment of an order and/or the dissolution of the Agreement, or the payment of damages of any kind.

The Buyer is obliged to accept the Products delivered by The House of Coaching at the agreed time and place and must sign the delivery note for receipt. The House of Coaching does not deliver Products beyond the ground floor of the Buyer's building.

If no one is available at the Buyer's address to take delivery, an absence notice will be left, after which the Buyer will have to collect the ordered Products from the post office listed or contact the supplier to make a new delivery appointment.

Visible defects in the outer packaging or other possible problems related to the delivery must be communicated on the waybill or reported in writing by registered letter to The House of Coaching within a period of thirty (30) calendar days, including a detailed description of the defect as well as the wish for a refund or exchange. The Product in question must also be returned to The House of Coaching within this thirty (30) calendar day period.

Notwithstanding the foregoing, the Buyer's use of the Products delivered implies irrevocable acceptance.

Risk of loss and damage to the Products as well as ownership of the Products shall pass to the Buyer upon delivery.

Intellectual Property

The Buyer acknowledges that The House of Coaching or one of its affiliates remains the exclusive owner of all intellectual property rights relating to all parts of its Website, the production and ordering process, the textual, audiovisual and graphic segments, the E-books, reports and syllabi, the software and electronic tools and the technical specifications of the products.

In addition, The House of Coaching remains the exclusive owner of the name, trademark and logo under which the products are sold. The Buyer undertakes not to make any claim regarding the aforementioned intellectual rights.

The participant accepts that all audiovisual recordings, which occur during the training, are the exclusive property of The House of Coaching, and that The House of Coaching may edit and publish such material at its sole discretion. The participant thereby waives all intellectual rights, including portrait rights.

Warranties and liability

The House of Coaching liability and warranties are limited to the extent permitted by Belgian law.

The House of Coaching is responsible for hidden defects and defects in workmanship relating to the purchased goods that occur within a period of two (2) years from the date of delivery. If a defect occurs during this period, The House of Coaching shall replace or repair the product, at the Buyer's option. To invoke this warranty, the Buyer must report the defects to The House of Coaching by registered letter within a period of sixty (60) days after they were discovered or should have been discovered by the Buyer, and must return the defective product to The House of Coaching Customer Service via the online contact form within that sixty-day period. This guarantee only applies to products acquired by a consumer based in Belgium. This guarantee does not affect the Buyer's right to invoke the legal guarantee provided for in Article 1649ter of the Civil Code.

The House of Coaching will not be liable to the Buyer if:

• the latter has not used the products in accordance with the purpose for which they are intended;
• the Product in question was modified, altered or repaired;
• the Product in question was damaged by intent or negligence of the Buyer;
• the Product shows defects resulting from normal wear and tear.

The House of Coaching shall not be liable for or obligated to compensate any intangible, indirect or consequential damages, including (but not limited to) lost profits, lost revenues, limitations on production, administrative or personnel costs, loss of customers or third party claims.

The limitations on liability in the 2 paragraphs above do not apply in the event of fraud, wilful intent or gross misconduct committed by The House of Coaching or bodily injury or death at the hands of The House of Coaching negligence.

The House of Coaching is not liable for any technical issues that impact the communication of information through its Website. The House of Coaching shall not be liable to the Buyer for any modification, interruption, defect or termination of its Website. Nor is The House of Coaching liable for any websites referred to on its Website.

For general use of the Website, please refer to the General Terms of Use of the Website relating thereto.

Personal data

The House of Coaching stores Buyer's personal data in accordance with the Privacy Protection Act of 8 December 1992 ("Act of 8 December 1992 on the Protection of Privacy") and The House of Coaching Privacy Policy.

The Buyer may address any questions relating to the processing of its personal data to: customer service at the following email address: info@thehouseofcoaching.com 

Force majeure

Neither The House of Coaching nor the Buyer shall be liable for any delay or failure to perform the agreement if it is due to force majeure. Force majeure means , without this enumeration being restrictive: governmental order, mobilisation, war, epidemic, lockout, strike, demonstration, technical defects in the transmission of communications, fire, flood, explosion, lack of raw materials or labour, changed global economic conditions, vandalism, exceptional weather conditions and all circumstances beyond the control of The House of Coaching and disrupting the normal course of business, without requiring The House of Coaching to demonstrate the unexpected nature of these circumstances.

The party claiming force majeure shall notify the other party and take all reasonable measures to overcome the temporary force majeure situation.

If the force majeure situation lasts for a period of more than ninety (90) days, each party shall have the right to terminate the Agreement without any compensation being payable to the other party.

Transfer

The House of Coaching may assign the agreement or any part of it to any person, firm or company.

The Buyer shall not be entitled to assign the Agreement or any part thereof, without the prior written consent of The House of Coaching.

Other

Failure or delay by The House of Coaching in enforcing or partially enforcing any provision of the agreement shall not be construed as a waiver of any of its rights under the agreement, now or in the future.

If at any time any provision of these terms and conditions of sale should be or become illegal, invalid or unenforceable in any way under applicable law, neither the legality nor the validity or enforceability of the remaining provisions of these terms and conditions of sale and of the agreement shall be affected or impaired in any way. The House of Coaching and the Buyer shall use all reasonable endeavours and take all necessary steps to replace any unlawful, invalid or unenforceable provision of these general terms and conditions of sale with a lawful, valid and enforceable provision, having substantially the same economic scope to the parties and, to the extent permitted by law, containing the original intent.

The original of this General Terms and Conditions of Sale version is drawn up in Dutch. In case of dispute, these General Terms and Conditions of Sale should be interpreted and construed according to the text and spirit of the Dutch version.

Any notification, complaint, enquiry, etc. relating to or based on these Terms and Conditions must be made in writing to the above address. The respective sender is responsible for proof of receipt of any notice.

These Terms and Conditions apply for as long as The House of Coaching sells Products online through its Websites.

Applicable law - Competent court

These Terms and Conditions are subject to Belgian law.

Both parties undertake, in the event of possible discussions or disagreements regarding the application or interpretation of these General Terms and Conditions of Sale, to first seek an amicable solution before initiating legal proceedings.

The competent court for taking cognisance of disputes concerning these General Terms of Sale shall be determined on the basis of the Buyer's legal domicile.

In the event of out-of-court settlement of the dispute, the Consumer Ombudsman Service of the Federal Government is authorised to receive any application for out-of-court settlement of consumer disputes. The latter, in turn, will either process the application itself or forward it to a qualified entity. You can reach the Consumer Ombudsman Service via this link: http://www.consumentenombudsdienst.be//nl  ;

For disputes of a cross-border nature, you can also use the European Union's Online Dispute Resolution platform via this link: http://ec.europa.eu/odr