General conditions

THE COMPANY

Steve Verleure, a one-man business (trading under the commercial name “Spa Différent”), with its registered office at Dikkebusseweg 91, 8900 Ypres and registered in the Crossroads Bank for Enterprises under the number 0704.481.997.

Email address: info@spadifferent.be

ARTICLE 1: GENERAL PROVISIONS AND DEFINITIONS

Spa Différent offers body care services including but not limited to private wellness, spa treatments, massages, facial and body care, personal coaching, online sales of personal care products.

Any Contract of any kind between SPA Différent and the Customer is subject to the following General Terms and Conditions. Deviations from these general terms and conditions are valid only if expressly agreed in advance and in writing.

Prior to any order, the Customer is asked to approve our terms and conditions, so they are assumed to be known by the Customer. Any order or request for a Service implies full acceptance on the part of the Customer and waiver to refer to his/her own general terms and conditions.

In these general terms and conditions, the following definitions shall apply:

Terms and Conditions: Current Terms and Conditions

Consumer: a Customer, natural person acting for purposes outside his trade, business, craft or profession

Service(s): the services provided by SPA Différent

Customer: any person who enters into a Contract with SPA Différent and thereby accepts the General Terms and Conditions

Offer(s): An offer or quotation originating from SPA Différent (via website, social media or email)

Contract: The Contract for service and/or sale of products between SPA Différent and the Customer following the Customer’s acceptance of the Quotation or the Contract to purchase a Service or product

Parties: SPA Différent and the Customer together

Product(s): goods and/or services provided by SPA Différent

Written: the written communication such as e-mail or by registered mail where appropriate

Webshop: www.spadifferentonlineshop.be

Website: www.spadifferent.be

ARTICLE 2: GENERAL OBLIGATION OF THE CUSTOMER

The Customer is expected to promptly inform and keep SPA Différent informed of all information that is (reasonably) useful and necessary in the execution of the Service.

ARTICLE 3: THIRD PARTY SERVICES

Spa Différent, in fulfilling the Service(s), will call upon the services of third parties as it deems necessary or useful.

ARTICLE 4: PRICE

All prices stated on the Website or the Quotation are expressed in EURO and are always inclusive of VAT and all other taxes and duties that the Customer is obliged to pay.

Our delivery, reservation or other administrative fees are also stated, which are irrevocably part of these terms and conditions.

The statement of price refers only to the items as it is described verbatim. Some of the accompanying photographs are for decorative purposes and may contain elements not included in the price. The cost of delivery is not included in the price. These additional costs will be listed on the order form in each case before you submit the order. This should therefore be product proofread.

Prices of purchase may vary upon exchange. For an exchange for the same item, just for a different color, the amount of purchase may differ regardless of whether it was deducted online. When exchanging for another item, the purchase price will simply be deducted from the new item.

ARTICLE 5: OFFER

Despite the fact that the brochure and the e-commerce website are compiled with the utmost 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 do not bind SPA Différent. SPA Différent can only be held accountable for the accuracy and completeness of the information provided. SPA Différent shall under no circumstances be held liable in the event of obvious material errors, misprints or typographical errors. SPA Différent is entitled to modify errors, even when an order has already been confirmed at the corrected price or condition. If the Customer does not confirm the purchase within the week, SPA Différent will assume that the Customer is abandoning the purchase.

All offers are subject to availability and may be modified or withdrawn at any time by SPA Différent. SPA Différent cannot be held responsible for the unavailability of any product. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.

ARTICLE 6: ONLINE PURCHASES

When you confirm the order on the Webshop, you agree to our Terms and Conditions, prices and descriptions of Services or products. We reserve the right to block your order if the delivery address is incorrect or if there are problems during payment. The order is accepted and confirmed by entering data on successive pages/screens.

The Customer has the choice between the following payment methods:

  • Credit card (Paypal)
  • iDeal
  • Bancontact / Mister Cash
  • Credit card (Visa)

SPA Différent reserves the right to modify payment methods at any time. These adjustments will be announced on the Website.

If a credit card payment method using PayPal is chosen, it is subject to the terms and conditions of PayPal (Europe) S.à r.l. et Cie, S.C.A.

SPA Différent is entitled to refuse an order due to a serious fault on the part of the Customer regarding orders involving the Customer.

ARTICLE 7: DELIVERY AND PERFORMANCE OF THE AGREEMENT

The order through the Webshop will not be shipped until payment is received. During the preparation of the shipment, your order is thoroughly checked by us so that your order leaves from us in perfect condition.

Items ordered through the Webshop are delivered in Belgium.

Delivery is made by Bpost.

Unless otherwise agreed or expressly provided, products will be delivered to the Customer’s residence within 30 days of receipt of the order. This is done at the address as provided by the Customer at the time of the order. Delivery deadlines are purely indicative: failure to meet these deadlines will not result in any damages on the part of SPA Différent, as the delivery deadlines are given for information purposes only and are not binding.

Any visible damage and/or qualitative defect of an article or any other shortcoming in the delivery must be immediately reported by the Customer to SPA Différent by e-mail. The Customer is obliged to check the delivered products upon receipt. If the Products delivered do not conform to the Contract (wrong or insufficient quantity delivered, or if they are damaged), the Customer must notify SPA Différent immediately upon delivery of the Products by e-mail. Then further arrangements are made as to what will happen.

Risk for loss or damage passes to the Customer as soon as he/she (or a third party designated by him/her, who is not the carrier) takes physical possession of the products. However, the risk already passes to the Customer upon delivery to the carrier, if the carrier has been instructed by the Customer to transport the Products and this choice was not offered by SPA Différent.

ARTICLE 8: RETENTION OF TITLE

Products delivered remain the exclusive property of SPA Différent until paid for in full by the Customer.

The Customer agrees, if necessary, to make third parties aware of SPA Différent’s retention of title, e.g. anyone who might seize items which have not yet been paid for in full.

ARTICLE 9: RIGHT OF WITHDRAWAL

The provisions of this article only apply to Customers who, in their capacity as Consumers within the meaning of Article I. 1, 2° of the Economic Code, purchase products online from SPA Différent.

In accordance with article VI.47 of the Code of Economic Law, the Consumer ordering products from SPA Différent has 14 calendar days from the date of delivery of the products or notification that they are available at the agreed pick-up point, to inform us of his/her wish to cancel the purchase, without having to justify his/her decision and without having to give any reason. If this period expires on a Saturday, Sunday or a holiday, it shall be extended to the next working day.

The Consumer may express her will to abandon the purchase by completing the following statement https://economie.fgov.be/sites/default/files/Files/Forms/Formulier-herroeping.pdf or by e-mail indicating the will to withdraw from the Contract in an unquestionable manner.

The withdrawal period expires 14 calendar days after the day:

  • on which the Customer or a third party designated by the Customer, other than the carrier, takes physical possession of the final product.
  • on which the Customer or a third party designated by the Customer, other than the carrier, takes physical possession of the last shipment or part.
  • on which the Customer or a third party designated by the Customer, other than the carrier, takes physical possession of the first product.

To comply with the withdrawal period, the Customer must send his communication concerning his exercise of the right of withdrawal before the withdrawal period has expired.

The Customer must return the products to SPA Différent without delay, and in any case no later than 14 calendar days after the day on which he communicates his decision to withdraw from the Contract to SPA Différent . The Customer is on time if he returns the products before the period of 14 calendar days has expired.

If the returned product is reduced in value in any way, SPA Différent reserves the right to hold the Customer liable and claim damages for any reduction in the value of the products resulting from the Customer’s use of the products beyond what is necessary to establish the nature, characteristics and functioning of the products.

Only items in their original packaging, along with all accessories, instructions for use and invoice or proof of purchase can be taken back.

Should the Customer withdraw from the Contract, SPA Différent will refund to the Customer all payments received to date from the Customer within a maximum of 14 calendar days of SPA Différent being informed of the Customer’s decision to withdraw from the Contract. For sales contracts, SPA Différent may delay reimbursement until it has received all the products back, or until the Customer has proven that he has returned the products, whichever comes first.

SPA Différent will refund the Customer using the same means of payment with which the Customer made the original transaction, unless the Customer has expressly agreed otherwise; in any event, the Customer will not be charged for such refunds.

Following items have no right of withdrawal :

  • Items purchased on sale or at a discount.
  • Items without original packaging, label.
  • Items that have been used beyond what is necessary to establish the nature, characteristics and function of the products and/or have been washed off.
  • Items that are damaged.
  • Hygiene items, which are products that:
  • cannot be sold permanently after opening the seal on the package
  • for reasons of health protection or hygiene,
  • because the very nature of the good makes it impossible or extremely difficult for the trader to take measures to re-offer it without compromising those requirements.

Article 10: WARRANTY.

This article applies only to goods that are not consumables.

Under Articles 1649bis to 1649octies old BW, the Consumer has legal rights. This legal warranty is valid from the date of delivery to the first owner. Any commercial warranty does not affect these rights.

To invoke the warranty, the Customer must be able to provide proof of purchase. Customers are advised to keep the original packaging of the goods.

For items purchased online and delivered to the Customer’s home, the Customer should contact SPA Différent and return the item to SPA Différent at the Customer’s expense.

If a defect is detected, the Customer must inform SPA Différent as soon as possible. In any case, any defect must be reported by the Customer within a period of 2 months after its discovery. Thereafter, any right to repair or replacement shall expire.

The legal warranty never applies to defects that arise as a result of accidents, neglect, falls, use of the item contrary to purpose for which it was designed, non-compliance with instructions for use or manual, modifications or alterations to the item, heavy-handed use, poor maintenance, or any other abnormal or incorrect use.

Defects that manifest themselves after a period of 6 months following the date of purchase, if any, delivery, are deemed not to be hidden defects, subject to proof to the contrary by the Customer.

The warranty is not transferable.

SPA Différent cannot be held responsible for any changes made to the products by the manufacturer.

SPA Différent’s liability will in all cases be limited to the amount of the order.

ARTICLE 11: PENALTIES FOR NON-PERFORMANCE OF COMMITMENTS BY THE CUSTOMER

SPA Différent may, without prior notice, suspend all or part of its Services to the Customer, or even terminate the Contract, in the event the Customer fails to meet his/her payment obligations, other obligations (such as the provision of required information) or the obligations resulting from the General Terms and Conditions.

“NO SHOW” fee

The Customer may cancel his appointment without charge as long as this is done at least 72h in advance.

In case of a late cancellation or no show, the agreed price is due in full, as we have not been able to reserve the premises and service provider(s) for third parties.

Without prejudice to SPA Différent’s other rights, in the event of non-payment or late payment, the Customer will be liable, ipso jure and without notice, to interest at 10% per annum on the amount unpaid. In addition, the Customer shall owe, ipso jure and without formal notice, a fixed indemnity of 10% on the amount involved, with a minimum of 25 euros per invoice.

Without prejudice to the foregoing, SPA Différent reserves the right to take back any items not (fully) paid for.

ARTICLE 12: INTELLECTUAL PROPERTY

Therefore, by purchasing a Service, the Customer expressly accepts that all course or workshop contents, techniques used, materials, diagrams, examples, modules, images and videos (“Intellectual Property”) are the property of SPA Différent and are protected by intellectual property rights. Thus, the Customer may not distribute or commercialize and thus sell this Intellectual Property itself. The Intellectual Property may only be used by the Customer for private purposes.

14.2 These intellectual property rights include but are not limited to patent, copyright, trademark, design or model rights and/or other (intellectual property) rights, such as patentable or non-patentable technical and/or commercial know-how, methods and concepts

ARTICLE 13: LIABILITY

SPA Différent may only be held liable in cases of fraud, deception and deliberate misconduct.

SPA Différent’s contract always contains obligations of means, not obligations to achieve a result. We will obviously do our best to provide our Service correctly and pursue the best result, however, we cannot be held liable if the intended result was not achieved.

We shall not be liable for or liable to compensate any intangible, indirect or consequential damages, including (but not limited to) loss of profits, loss of sales, loss of revenue, administrative or personnel costs, an increase in overhead, loss of clientele or third party claims.

We also cannot be held liable if we cannot provide our Services due to force majeure. If the force majeure is only temporary in nature, we will still attempt to provide our Services as soon as it is reasonably possible to do so again. If it proves impossible for us to complete or continue our Services, the Agreement will be revised or terminated by mutual agreement.

We are not liable for damages of any kind due to incorrect or inaccurate data provided by the Customer.

Advice given while providing a Service does not replace financial or medical advice.

The Client is solely responsible for whether or not the advice is implemented. The final responsibility lies with the Customer.

SPA Différent has taken out civil liability insurance, the maximum amount for which we can be held liable is limited to the amount covered by our civil liability insurance.

ARTICLE 14: INDEMNIFICATION

The Customer guarantees SPA Différent against all third party claims related to the Services provided by us.

ARTICLE 15: COMPLAINTS

If the Customer is dissatisfied with the services provided by SPA Différent and/or has a complaint regarding the treatment and/or supervision, this should be reported in writing to SPA Différent as soon as possible, but within 8 calendar days. The expression of a complaint the Client does not in itself release him/her from his/her payment obligation.

ARTICLE 16: PRIVACY

The controller, the Vendor, respects the European Regulation of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.

The personal data communicated by You will only be used for the processing of Your order, the opening of a customer account or in the context of contacting us yourself.

This data remains stored after the end of agreement for the purpose of tax and commercial law deadlines, but is deleted after these deadlines.

Your personal data collected by us will be communicated to the transportSPA Différent responsible for delivery in the framework of the execution of the contract, if necessary. Bank information is given to the credit institution in charge of execution as part of the settlement of payments.

You have a legal right to inspect and possibly correct Your personal data. With proof of identity, You may obtain written notification of Your personal data free of charge by sending a written, dated and signed request to the Seller. If necessary, You may request that incorrect, incomplete or non-pertinent info be corrected.

If You have any further questions regarding the collection, processing, use of Your personal data, requests regarding the blocking or erasure of Your personal data or revocation of Your given consent, please contact Us using the details at the top of the Terms and Conditions.

The Vendor maintains anonymous online visitor statistics to enable analysis of website usage.

You as a Consumer have the right to lodge a complaint with the data protection authority regarding the processing, disclosure, rectification, blocking, erasure or other use of Your personal data by the Seller.

ARTICLE 17: USE OF COOKIES

During a visit to the site, “cookies” may be placed on your computer’s hard drive. A cookie is a text file placed by a website’s server in your computer’s browser or on your mobile device when you consult a website. Cookies cannot be used to identify individuals; a cookie can only identify a machine.

Indicate what type of cookies are used and for what purpose:

  • ‘First party cookies’ are technical cookies used by the site visited itself and whose purpose is to make the site function optimally. Eg: settings that the user has made during previous visits to the site, or even : a pre-filled form with data that the user has done during previous visits.
  • ‘Third Party cookies’ are cookies that do not come from the website itself, but rather from third parties, e.g. a marketing or advertising plug-in present. E.g., cookies from Facebook or Google Analytics. For such cookies, the site visitor must first consent – this can be done via a bar at the bottom or top of the website, referring to this policy, which however does not prevent further browsing of the website.

You can set your Internet browser to not accept cookies, to alert you when a cookie is installed, or to delete cookies from your hard drive afterwards. You can do this through your browser’s settings (via the help function). Keep in mind that certain graphics may not appear correctly, or you will not be able to use certain applications.

By using our website, you agree to our use of cookies.

ARTICLE 18: ENCROACHMENT VALIDITY – NON-RENUNCIATION

If any provision of these Terms is declared invalid, illegal or null and void, this will in no way affect the validity, legality and applicability of the other provisions.

Failure at any time by Seller to enforce any of the rights enumerated in these Terms, or to exercise any right hereunder, shall never be deemed a waiver of such provision and shall never affect the validity of such rights.

ARTICLE 19: MODIFICATION OF TERMS AND CONDITIONS

These Conditions are supplemented by other conditions expressly referred to, and the General Conditions of SPA Différent

The Seller may change these terms and conditions at any time without further notice. Any purchase after the change, constitutes an acceptance by the Customer of these new terms and conditions.

ARTICLE 20: EVIDENCE

The Customer accepts that electronic communications and backups may serve as evidence.

ARTICLE 21: APPLICABLE LAW – DISPUTES

Belgian law applies, except for the provisions of international private law that lead to the application of another law.

The courts of the Consumer’s domicile shall have jurisdiction in case of legal disputes.

In all other cases, disputes of any kind are the sole jurisdiction of the courts and justice of the peace with its headquarters in Ypres, even when payment is made by check or bill of exchange.

Version February 3, 2023