Terms & Conditions - Voice Training Centre

  1. DEFINITIONS

  1. Terms of Use’: these terms of use that apply to your purchase of Services with us;

  2. ‘Agreement’: every agreement in which we undertake to provide the Services to you and our offer off Products, provided that the Terms of Use have been complied with;

  3. Party/Parties’: you and/or we;

  4. ‘Consultations’: all therapy sessions offered on the Website;

  5. ‘Service’: all services offered on the Website, including online courses, webinars, group programs and Consultations;

  6. ‘Additional Products’: the goods provided in addition to the delivery of the online courses and group programs;

  7. ‘Products’: any physical moveable good, which is provided on the webshop; 

  8. ‘Consumer’: a consumer within the meaning of article I.1,2° of the Belgian Code of Economic Law, being a natural person acting for purposes that fall outside his trade, business, craft or profession;

  9. ‘Professional Customer’: any natural or legal person who enters into an Agreement with us and who acts for purposes that fall within his business or professional activity; 

  10. You/your’: any natural person or legal entity that is or will be in a contractual relationship of any kind with us, including, but not limited to: Consumers and Professional Customers;

  11. Website’: https://www.voicetrainingcentre.org/

  12. ‘We/us/our’: the company as mentioned in article two of these Terms of Use.


  1. OUR IDENTIFICATION

Who we are:

Voice Training Centre bv.

Lambermontlaan 147

1030 Schaarbeek

Belgium

KBO 0760.499.992

KMO-portefeuille: DV.O241659 



Contact:

Reachable only by sms (whatsapp) on the following phone number: +32 479 68 88 53

Reached only by e-mail at the following e-mail address: info@voicetrainingcentre.org



  1. APPLICATION

    1. These Terms of Use apply to all purchases of our Services and Products. When placing an order, indicates that you agree with these Terms of Use drafted by Voice Training Centre. These Terms of Use apply to the exclusion of any other Terms of Use, which means that any of your general or special Terms of Use are expressly excluded. Notwithstanding the foregoing, these Terms of Use do not affect the statutory rights that are compulsorily granted to you under Belgian Consumer protection law.

    2. We reserve the right to amend these Terms of Use from time to time. However, the version of these Terms of Use that was applicable at the time the order was placed will continue to apply between you and us with regard to the purchase.

  2. OFFER AND ACCEPTANCE

    1. We make all reasonable efforts to make the information on the features of the Services and Products as accurate as possible, to the extent permitted by technical means. However, the online courses, webinars, group programs and consultations that are the subject of our Services remain a human effort commitment and certain non-substantial characteristics of a Service, or its personal experience, may differ from the descriptions displayed on the Website. 

    2. We cannot guarantee that all Services and Products will be available at all times. If you order a Service or Product through the Website that we are unable to provide, we will inform you as soon as possible by e-mail and you have the right to cancel your order. We are not liable for the temporary or permanent unavailability of any Service or Product on our Website and/or for any damage that would result from the unavailability of a particular Service or Product. We have the ability to apply specific Terms of Use to a particular offer, such as a limited period of validity. 

    3. We are not bound by an offer of our Services and Products, if this offer is clearly affected by a mistake or error. Obvious or clear errors in the quotation, such as obvious inaccuracies, can also be corrected after the conclusion of the contract. We cannot be held liable for any (typing) errors in our prices or conditions.

    4. Your acceptance of our offer is done by placing the order on our Website or by booking an appointment on our Website. This purchase is binding. We will send a confirmation of the order within the fourteen (14) calendar days to the e-mail address you have provided.

    5. We reserve the right to refuse an order due to a serious breach by you in relation to the order in which you are involved.

    6. In accordance with the Belgian Code of Economic Law, the Parties expressly acknowledge that electronic forms of communication create a valid Agreement. We may use any electronic file at our disposal, within the limits of the law, to prove the existence of the Agreement. An ordinary, digital or electronically qualified signature is not an essential requirement of proof.

  3. OUR PRICES

    1. The prices of our Services are listed on the Website and are fixed at the time of the order or appointment. The indication of the price refers exclusively to the Services and Products as described verbatim. All prices mentioned there are expressed in EURO and are inclusive of VAT and any other taxes or duties to be borne by you. Any other costs charged will be stated separately. 

    2. We have the right to change the prices at any time, but we undertake to apply the rates indicated on the Website at the time of your order. However, if the price change is due to changes in VAT rates, it will be charged to you.

  4. PAYMENT

    1. For the payment of our Services and Products, we accept Bancontact, Visa, Mastercard, Payconiq, iDeal, Paypal and KMO-portefeuille. In case of Consultations, you are requested to pay immediately and at the latest 48 hours before the agreed time. If we have not received your payment on time and/or in full, we have the right to cancel your appointment. The online courses, webinars, group programmes and Products will only be made available or sent after receiving full payment unless explicitly agreed otherwise with us.

    2. In case you make use of the option KMO-portefeuille when purchasing a Service, you are personally responsible for submitting your application to the Flemish Government. This must be done within fourteen (14) calendar days after registration. If you fail to do so, you will only be able to pay on the account number of Voice Training Centre. 

    3. In the event of a double payment for the purchase of online courses, webinars, group programmes and Consultations, you will be charged an administrative fee when one payment is to be refunded. A double payment in this context means that you make two payments using the same method or a combination of methods including Bancontact, Visa, Mastercard, Payconiq, iDeal, Paypal and KMO-portefeuille. The administrative cost is 10% of the full invoice amount with a minimum of 50 EURO. The refund will only be made as soon as we have received this administrative fee from you on the account number of Voice Training Centre. The reason for this administrative cost can be found in the complex procedure we have to set up for you, which involves a cost. 

    4. We may extend the payment options in the future. We will take all reasonable measures to ensure the security of your online transactions. We provide security through the use of specialized Parties such as authorized credit card issuers and payment partners.

    5. If a payment is not received by the due date, ten (10) calendar days after purchase, a fixed and irreducible compensation is charged of 10% of the full invoice amount with a minimum of 25 EURO per invoice to be increased with 1% of the full invoice amount for each week that the payment is not made after the start of this clause. You will also be denied access to the course once these ten (10) calendar days have passed.

  5. DELIVERY AND EXECUTION

A. CONSULTATIONS AND SERVICES

  1. We process every order as soon as possible. We provide the Services with the necessary care and skills, in accordance with the standards of our industry. We will take all reasonable steps to ensure that the Services are provided in accordance with the Agreement and in accordance with the best business practice. 

  2. If you have opted for a Consultation, you have to make an appointment at our Website. The date of execution can be found in the confirmation of your appointment that we will send you.

  3. If you have opted for an online course, webinar or group programm for the provision of the Service, you will receive a unique security code via the e-mail address you have provided prior to the provision of the Service. The security code can be used to log on to the Teachable application at the agreed time, in case of online courses, or to the Zoom application, in the case of group programs or webinars, at which performance of the Service will commence. By using these applications, you expressly agree to the Terms of Use of the Teachable and/or Zoom applications. However, we cannot guarantee that the Teachable and/or Zoom applications will work at all times. Indeed, we use the Teachable and/or Zoom platforms “if available” and “with all faults”.  However, if the Service cannot be performed due to a defect due to the Teachable and/or Zoom platforms, we will use Microsoft Teams. In that case, the Terms of Use of this application shall apply. 

  4. It is your responsibility to enable delivery of the Services at the agreed time. If the Service cannot be performed due to a shortcoming on your part, it cannot be cancelled or refunded. If you cancel a Consultation in advance, you have the right to make a new appointment. However, if you cancel the Consultation less than 48 hours prior to the agreed upon time, or if the performance of the Consultation cannot be performed at the agreed upon time due to a shortcoming on your part (such as a no-show), the payment to us already received is deemed to be fully acquired.

  5. If we are unable to provide the Services at the agreed time, we will set an additional deadline that is appropriate in the circumstances. If we do not commence the performance of the Service within the additional term, you have the right to terminate the Agreement, knowing that this clause only refers to Consultations.

B. ADDITIONAL PRODUCTS 

  1. If Additional Products are provided prior to the delivery of a Service, we will use all reasonable efforts to deliver such Additional Products within fourteen (14) business days once the full payment of the order has been received on the bank account number of Voice Training Centre. 

  2. We call upon a third Party, Bpost, for the delivery of these Additional Products. In case Bpost loses these Additional Products, the compensation granted by the last-mentioned organisation will serve as the only compensation that will be paid to you. The loss of the package by Bpost cannot be recovered from Voice Training Centre afterwards. However, you can always order a new package, which involves a cost. 

  3. It is your responsibility to enable delivery of the Additional Products to the agreed location in your presence or in the presence of a third Party designated by you. Additional Products will be deemed to have been delivered once they have been offered to you. If a delivery of Additional Products is unsuccessful due to a failure on your part or a failure of your designated third Party, you will bear the full cost of any new delivery attempt.

  4. If we are unable to deliver the Additional Products within fourteen (14) working days, we shall suggest delivery within an additional period which is appropriate to the circumstances. If we do not deliver within the additional period, you are entitled to a compensation of the value of the Additional Products in the form of a voucher. Exceeding the delivery period does not give rise to any other compensation. 

C. PRODUCTS IN THE WEBSHOP 

  1. If you order Products in the webshop, we will use all reasonable efforts to deliver such Products within fourteen (14) business days once the full payment of the order has been received on the bank account number of Voice Training Centre. 

  2. We call upon a third Party, Bpost, for the delivery of these Products. In case Bpost loses these Products, the compensation granted by the last-mentioned organisation will serve as the only compensation that will be paid to you. The loss of the package by Bpost cannot be recovered from Voice Training Centre afterwards. However, you can always order a new package, which involves a cost. 

  3. It is your responsibility to enable delivery of the Additional Products to the agreed location in your presence or in the presence of a third Party designated by you. Additional Products will be deemed to have been delivered once they have been offered to you. If a delivery of additional prducts is unsuccessful due to a failure on your part or a failure of your designated third Party, you will bear the full cost of any new delivery attempt.

  4. If we are unable to deliver the Products within fourteen (14) working days, we shall suggest delivery within an additional period which is appropriate to the circumstances. If we do not deliver within the additional period, you have the right to terminate the contract. In such case of termination, we shall refund the payment made for the Products within thirty (30) calendar days after the termination of the Agreement. Exceeding the delivery period does not give rise to any other compensation. 

  1. RIGHT OF WITHDRAWAL

A. CONSUMERS.

  1. This clause only applies to Consumers, as defined in clause 1 of these Terms of Use. This clause only applies in the case of distance selling. Distance selling means that an Agreement is concluded without the simultaneous physical presence of us and the Consumer, and that until the conclusion of the Agreement, only means of distance communication are used. 

  2. Based on the right of withdrawal, the Consumer may renounce the purchase within fourteen (14) calendar days from the day following the conclusion of the Agreement and this for the purchase of a Product or Service, excluding courses and programmes that the Consumer  already started. The Consumer  is not obliged to pay any compensation or to state a motive. Of course, we would like to hear the feedback so that we can improve our Service.

  3. If you have agreed that the performance of the Consultations will start during the revocation period, this shall be considered as a waiver of your right of revocation.

  4. If the Consumer  wishes to invoke the right of withdrawal, a form must be filled in, which must be communicated to us within fourteen (14) calendar days of the conclusion of the contract. The Consumer  must send the form by e-mail to info@voicetrainingcentre.org. 

  5. If the Consumer invokes the right of withdrawal in accordance with these Terms of Use and the legal provisions, we will refund the amount actually paid to the Consumer at a time of our choosing. In any event, no charge will be made for the refund.

  6. The Consumer shall not have the right of withdrawal for Services which have already started or which have not been fully performed. This shall be the case where the performance of a Service has begun with the consumer’s prior express consent and provided that the Consumer  has acknowledged that he will lose his right of withdrawal once the business has commenced the contract.

  7. If the Consumer  invokes his right of withdrawal, concerning a Product purchased in the web shop, the Product must be returned to us within fourteen (14) calendar days after you have notified us of the receipt of the Product. The costs for this return cannot be recovered from Voice Training Centre, the Consumer  is responsible for the return costs himself. If you fail to meet this deadline, the Product can no longer be returned and refunded.

B. PROFESSIONAL CUSTOMER 

  1. This clause shall only apply to Professional Customers, as defined in Article 1 of these Terms of Use. As you are a Professional Customer, the law on withdrawal which is only registered for Consumers, does not apply. You do not have the right to withdraw after you have received the Product or when you have started a Service, such as a course or programme. The only exception is the Consultation, which can be revoked, provided that the professional client notifies us at least 48 hours before the agreed start of the appointment. 

  1. DEFECT PRODUCTS 

    1. When purchasing a Product from the web shop or an additional Product to a Service, by a Professional Customer, no guarantee is given. You will only be given compensation when you prove that the Product has defects that are visible when delivered, which have to be proven by an independent expert report. Normal wear and tear, defects (whether hidden or not), lack of maintenance and destruction of the Product by external factors do not qualify for compensation. 

    2. As you are a Professional Customer, the legal guarantee does not apply. You are also reminded that you must always follow the instructions for use carefully, which means that you are responsible for the correct use, maintenance, safety instructions and the purchase of replacement and spare parts. In addition, you have a duty to do everything reasonable to prevent damage. 

    3. When a Consumer purchases a Product from the web shop or an Additional Product to a Service, the law is followed, knowing that normal wear and tear, lack of maintenance and the destruction of the Product by external factors do not qualify for compensation.

  2.   CUSTOMER SERVICE

    1. We strive to keep our customers satisfied. You can reach us by text message on the medium whatsapp at +32 479 68 88 53. You can also reach us by e-mail at info@voicetrainingcentre.org.

    2. Any questions, complaints or comments about Services, the ordering process or the use of the webshop can be directed to this address.

  3.   LIABILITY

    1. We cannot be held liable for indirect or consequential damages. Unless excluded by mandatory law, we shall only be liable for damage caused by our failure to comply with our obligations if and to the extent that such damage is caused by our willful and serious fault. We are not liable for any other errors.

    2. Nothing in these Terms of Use is intended to exclude or limit your statutory rights. In addition, nothing in these Terms of Use is intended to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees) or for fraud or fraudulent misrepresentation.

    3. Should we be held liable, the amount of compensation shall be limited to the total amount you paid for the purchased Service or Product.

  4.   PROTECTION OF PERSONAL DATA

    1. The information provided by you is necessary for the processing, handling and completion of your orders and the drafting of the accounts. If this information is missing, your order cannot be carried out. Submitting incorrect or false personal data is considered a breach of the present Terms of Use. Your personal data will only be processed in accordance with our privacy policy, which can be found at our Website.  

  5.   INTELLECTUAL PROPERTY 

    1. We guarantee to have the necessary rights to provide our Services and Products. All intellectual property rights and derivative rights in these Services and Products shall remain with us and/or the actual entitled Party. These intellectual property rights are understood to mean copyright, trademark, design and model rights and/or other (intellectual property) rights, including whether or not patentable technical and/or commercial know-how, methods and concepts.

    2. The content of the Website is our property. This includes: texts, graphs, photographs, images, moving images, sounds, illustrations and software. The content is protected by copyright or other rights. It is forbidden to copy, publish, reproduce or use this content in any other way without written consent from us. 

  6.   FORCE MAJEURE

    1. We are not responsible for compliance with our obligations under these Terms of Use in the event of force majeure. Force majeure is defined as the situation in which the performance of our obligations is fully or partially, temporarily or otherwise, prevented by circumstances beyond our control.

    2. In the event of force majeure, these obligations will be suspended, and we will make all reasonable efforts to limit the consequences of the force majeure situation. In the event that the force majeure lasts longer than two (2) months, each Party shall be entitled to terminate the Agreement by giving written notice to the other Party, without the Parties owing each other any compensation.

    3. Tickets for events cannot be returned or refunded. If, due to force majeure, the event cannot take place, we will inform you of a new date. 

  7.   GENERAL

    1. If any provision of these Terms of Use (or part thereof) is declared null, invalid or unenforceable, such nullity, invalidity or unenforceability shall in no way affect the validity or enforceability of the remaining provisions of these Terms of Use. In the event of nullity, invalidity or unenforceability, the Parties will, to the fullest extent possible, negotiate to replace the null, invalid or unenforceable provision (or part thereof) with an equivalent provision that complies with the spirit of these Terms of Use.

    2. The fact that we fail to demand the strict application of one of the provisions of these Terms of Use cannot be considered as a tacit waiver of our rights and does not prevent us from subsequently demanding strict compliance with these provisions.

    3. These Terms of Use, including any references included in the Terms of Use, fully reflect the rights and obligations of the Parties and replace all previous Agreements and proposals, both oral and written, including any Terms of Use of the Parties.

    4. The Terms of Use apply at all times and exclusively to all present and future Agreements between the Parties, except in the event of an express deviation. An explicit deviation is only valid to the extent that it is the result of a mutual Agreement between you and us that is expressly recorded in writing, which must be explicitly confirmed by us in writing. Express deviations are only valid to replace or supplement the clause(s) to which they relate. The other provisions of these Terms of Use shall remain in full force and effect.

  8.   APPLICABLE LAW/COMPETENT COURT

    1. To the extent permitted by law, all contracts to which these Terms of Use apply shall be governed by Belgian law, to the exclusion of the Vienna Convention on Contracts for the International Sale of Goods. 

    2. Any dispute concerning the interpretation or application of these Terms of Use shall be subject to the exclusive jurisdiction of the courts where our registered office is located, unless another court is mandatorily required by law.