GENERAL TERMS AND CONDITIONS
Details of the company
Energy NV – entity within the Golazo Group
Schoebroekstraat 8, 3583 Beringen
Article 1: General provisions
The website www.letsmove.com (hereinafter called the " Website") by Energy NV (hereinafter called " Energy NV"), entity within the Golazo Group, offers its visitors the option to purchase products from its online shop.
These General Terms and Conditions (hereinafter called the " Terms and** Conditions") apply to any order placed by visitors of the Website or by phone (hereinafter called the "Customer"). The Customer can book one or more of Energy NV's services (the "Services") and/or purchase one or more items such as vouchers, etc. (hereinafter called the "Items**") either via the Website or by phone. When placing an order on Energy NV's webshop or by phone, the Customer agrees that these Terms and Conditions shall apply and that all other terms and conditions are excluded. Any other terms and conditions by the Customer are excluded, unless accepted by Energy NV by means of express prior written consent.
Article 2: Price
All listed prices are in EURO and always inclusive of VAT and all other mandatory duties and taxes to be borne by the Customer. Any delivery, booking or administrative fees charged shall be listed separately.
The listed prices only apply to the Items and Services as verbatim described. The accompanying images are intended for illustration purposes only and may include elements that are not included in the price.
Article 3: Offer
Although the online catalogue and the Website have been compiled as accurately as possible, it is possible that the information offered is incomplete, contains material errors or is not up-to-date. Energy NV is not bound by any obvious errors or mistakes in the offer. Energy NV is only bound to an obligation of means with regard to the correctness and completeness of the information offered. Under no circumstance is Energy NV liable in case of manifest material errors, typos or printing errors.
If the Customer has specific questions about the Items or Services on the Website, they should contact our Customer Services department in advance. Contact details for our Customer Services department can be found in Article 12 of these Terms and Conditions.
The offer is always valid while stocks last and may be amended or withdrawn by Energy NV at any time. Energy NV cannot be held liable for the unavailability of an Item or Service. If an offer is only valid for a limited time or under certain conditions, this shall be expressly stated.
Article 4: Online purchases and realisation of the agreement
If the Customer wants to purchase one or more Items or book a Service, they must first create an account on the Website.
When the Customer is logged in, they can purchase Items and book a Service, if applicable. The Customer can do this by clicking on the desired Item or Service and indicating the desired place and time. The Customer than completes their personal details and adds the desired Item to the shopping cart. Alternatively, the Customer books the desired Service.
By repeating these steps and selecting the desired Items or booking the desired Services, the Customer can fill his or her shopping cart with purchases. When selecting the shopping cart, a full overview will be displayed of the following:
- The Items or Services included in the order and their quantity;
- The booking time and place of the chosen Service, if applicable;
- The individual price of the respective Items or Services;
- The total purchasing price including VAT.
The Customer also has the option of a discount by adding a voucher code. Discounts are only granted providing the Customer enters the correct voucher code in the field provided when entering their purchase. They are included in the price and any remaining balance on the order shall be paid by the Customer. If the Customer confirms the order without registering the voucher, any discount shall not be reimbursed after the order has been placed. If a voucher's period of validity has expired, the amount will not be discounted or reimbursed. If a voucher code is entered which exceeds the value of the order, the excess amount shall not be reimbursed.
The Customer is responsible for registering the correct email address in order to prevent any delivery errors.
The Customer must pay the full purchasing price using an online payment method selected from the list of available payment options.
By clicking "Place order and with payment obligation" the Customer's order is final and they are committed to paying the corresponding amount. Energy NV reserves the right to cancel the order of an Item and/or booked Service without prior notice if payment was not received in a timely manner.
Every order is confirmed by email sent to the email address provided when ordering. The confirmation of the order constitutes an agreement concluded between the Customer and Energy NV. The Customer is advised to check his or her spam folder. If the Customer has not received the confirmation within 48 hours after purchase, the Customer should contact Energy NV immediately.
Energy NV has the right to refuse an order if the Customer has committed a serious breach in relation to orders involving the Customer.
Article 5: Delivery and execution of the agreement
Energy NV shall send the Customer the following information, no later than upon delivery of the Item or Service to the Customer, in writing or in such a way that the Customer can save and access it on a sustainable data carrier:
- The Item or Service purchased by the Customer, including the price and all taxes on the Item or Service and the payment method;
- The visiting address of Energy NV's registered office, where the Customer has their appointment, if applicable;
- The time of the Customer's appointment, if applicable.
Article 6: Right to withdrawal
The provisions of this article only apply to Customers who purchase Items or Services from Energy NV via the Website or by phone in their capacity as consumers.
The Customer has the right to withdraw the agreement, without stating reasons, within a period of fourteen (14) calendar days.
De fourteen (14) day period commences:
- For service agreements, on the day the agreement was concluded, i.e. the day the Customer purchased the Service;
- For sales agreements, on the day the Customer, or a third party assigned by the Customer, who is not the transporter, physically takes possession of the Items. The Customer is deemed to take possession of a gift voucher on the day Energy NV sends the gift voucher to the Customer at the email address provided by the Customer.
The cancellation period expires fourteen (14) calendar days after the day the Customer purchased the Item or no later than 5 days before the day the booked Service takes place or before the booked date of the event included in the gift voucher, but no later than before such a time as the gift voucher is activated by the Customer.
The right of withdrawal may be excluded, however, for certain Items or Services, as stipulated in Art. VI.53 WER (Belgian Code of Economic Law).
If the customer wishes to withdraw the purchase of a Service, the relevant Service or event must logically not have taken place yet at the time of notification of the withdrawal by the Customer to Energy NV.
In order to exercise the right of withdrawal, the Customer must inform Energy NV of their decision to withdraw the agreement by means of an unequivocal statement (such as a letter or email). The Customer may wish to use the enclosed standard withdrawal form, but this is not mandatory.
To comply with the withdrawal period, the Customer must send their notification regarding exercising their right of withdrawal before the period of withdrawal has expired.
If the Customer withdraws the agreement, Energy NV shall reimburse the Customer for all payments received from the Customer up to that point within no more than fourteen (14) calendar days after Energy NV has been informed of the Customer's decision to withdraw the agreement.
Energy NV shall reimburse the Customer by means of the same payment method used by the Customer in the original transaction, unless the Customer has expressly agreed otherwise; in any case, the Customer shall not be charged any fees for such reimbursement.
Article 7: Cancellation of/moving a booked Service by the Customer
The Customer may cancel or move their booked Service without giving any reasons up to five (5) calendar days before the booked time of the Service in question. Where appropriate, the Customer shall receive a voucher in the amount of the value of the cancelled Service so they can book a new time or a different Service. The Customer may no longer cancel or move their booked Service during a period of five (5) calendar days immediately prior to the planned date of the Service, except in the cases stipulated in this article.
In case of illness or another form of Force Majeure (as defined in Article 9), the Customer may cancel their booking for free within a period of five (5) calendar days before the booked timed of the Service in question, if able to provide the necessary evidence. The Customer must inform Energy NV of the situation in accordance with this article as soon as the situation has been established and no later than two (2) hours before the start of the Service. The Customer must provide Energy NV with evidence of their situation of Force Majeure together with their request to cancel the booking or no later than within five (5) calendar days thereafter. Failing that or in case of insufficient evidence, and at Energy NV's sole discretion, Energy NV reserves the right to charge full compensation for the Service.
If a booking is cancelled successfully due to illness or another form of Force Majeure on the part of the Customer, the Customer shall receive a voucher in the amount of the cancelled booking, so they can book a new Service.
The applicable cancellation options are subject to misuse. If Energy NV suspects misuse or a lack of good faith on the part of the Customer, Energy NV reserves the right to refuse the request to cancel and/or to block the Customer from any further access to the Services, without the Customer being entitled to any reimbursement of monies paid or vouchers used. The following are (non-exhaustive) examples of suspected misuse: booking and cancelling or moving bookings frequently rather than exceptionally and in such a way that this causes a nuisance, without any evidence of Force Majeure.
Article 8: Cancellation of a booked Service by Energy
When a booked Service is cancelled due to Force Majeure (as defined in Article 9) on the part of Energy NV, the Customer shall receive a voucher in the amount of the cancelled Service, so the Customer can make a new booking for a different time.
If the booking is cancelled due to an error on the part of Energy NV, the Customer shall receive a voucher in the amount of the cancelled Service, so they can book a new Service for a different time. If the Customer wishes to be reimbursed instead, Energy NV should be informed of this by email no later than ten (10) calendar days following cancellation of the Service, using the contact details listed in these Terms and Conditions. Providing the voucher has not been used yet, the voucher shall then be revoked, if applicable, and the corresponding amount shall be reimbursed. If the Customer booked the Service by means of a voucher originally, they shall not be entitled to a monetary reimbursement.
The compensation as provided for in these Terms and Conditions is the only form of compensation the Customer is entitled to if Energy NV cannot honour a booking, for whatever reason. Any damage other than the value of the booking is considered to be indirect damage and does not qualify for any damages or compensation.
Article 9: Force majeure
Energy NV is not bound to fulfil the agreement if and insofar they are prevented from doing so due to a situation of Force Majeure. The arrangement stated in Article 8 applies. If the execution of the agreement is prevented for more than thirty (30) calendar days due to Force Majeure on the part of Energy NV, each of the parties has the right to terminate the agreement in writing.
The following are considered cases of Force Majeure under these Terms and Conditions: a situation which prevents the normal execution of the agreement, either in part or in whole, beyond the control of the party involved, such as (but not limited to) illness of the Customer; fires; floods; natural disasters; blockades; legal limitations; government instructions; unforeseen unavailability of Energy NV's infrastructure; electrical failures not caused by error or negligence on the part of the party invoking the situation of Force Majeure; etc.
Article 10: Disclaimer
Energy NV's Services are provided in the context of leisure activities and are not intended as a professional training programme. The Services (including advice and recommendations) and consequent results (including any plans and schedules) are not intended and should not be viewed as or used instead of:
- advice by a doctor or other medical or paramedical professional; or
- a visit, conversation or discussion to or with a doctor or other medical or paramedical professional.
Energy NV's Services by no means constitute medical or paramedical advice or treatment. The Customer understands and recognises that (i) the content and/or results arising from the Services must not be used for the diagnosis or treatment of a health problem, and the Customer should not ignore medical advice or fail to seek medical advice, (ii) a Service by Energy NV does not constitute a doctor-patient, therapist-patient or other caregiver relationship between Energy NV and the Customer, and (iii) Energy NV does not assume any responsibility for any potential consequences of the Customer's activities as part of which they apply information from a Service (for example injury during a workout or a food allergy).
Energy NV is only bound to an obligation of means with regard to the correctness and completeness of the information offered and the results obtained.
During the course of a Service, the Customer shall inform Energy NV about any specific information that may be relevant for the execution of the Service, including but not limited to level of experience, injuries, allergies and intolerances (e.g. in case of a nutritional service). Energy NV trusts that the information provided is correct, complete and up-to-date.
Article 11: Intellectual property rights
The website and all texts, illustrations, videos, drawings, names, logos, brands, trademarks and domain names and all other components of the Website are protected by the intellectual property rights of Energy NV or third parties, including copyrights and trademark rights. Energy NV does not transfer any rights to the Customer in relation to the Website and its content.
None of the Website's components may be stored (other than what is necessary in order to be able to view the Website), reproduced, modified, disclosed, distributed, transmitted, sold, transferred or in any way used, unless Energy NV has given its prior written consent to do so. Energy NV only grants users and Customers a limited, non-exclusive, non-transferable licence, which cannot be sub-licensed, for the user's and Customer's personal, non-commercial use of the Website.
Article 12: Customer service
Energy NV's Customer Services department can be contacted by email on email@example.com or by post on the following address: Schoebroekstraat 8, 3583 Beringen. Any complaints can be submitted to the same points of contact.
Article 13: Privacy
The personal data provided by the Customer shall only be used for the following purposes: customer management, order processing, sending newsletters, to keep the Customer informed of our activities and for advertising and/or marketing purposes.
The Customer has the legal right to request access to their data, the right to correct their data or to have them corrected, the right to delete their data, the right to object against the processing of their data, the right to limit the processing of their data and the right to data portability. The Customer may obtain a written copy of their personal data for free by sending a written, dated and signed request to Energy NV, Schoebroekstraat 8, 3583 Beringen, firstname.lastname@example.org and including proof of their identity (a copy of the front of their ID card).
The Customer may object for free against the use of their data for direct marketing purposes. To do so, they may contact Energy NV, Schoebroekstraat 8 Beringen, email@example.com.
Energy NV treats the Customer's data as confidential information and shall not transfer, lease or sell them to any third parties. In certain cases, the Customer's personal data may be shared with third parties who provide services to Energy NV, or who provide services on behalf of and for the account of Energy NV.
The Customer bears the sole responsibility for keeping their login details and the use of their password confidential. The password is saved in encoded form, therefore Energy NV does not have access to the password linked to the Customer's profile.
Energy NV monitors online (anonymous) visitor statistics to determine which pages of the Website are visited and to what extent.
We collect sensitive personal data (health information, ethnicity) when supplying our Services. We only do this with the Customer's express consent, which they will be asked for in a consent form provided by Energy NV.
Article 14: Liability
In any and all cases where Energy NV can demonstrably be held liable, this liability shall be limited to the amount actually paid by the Customer for an Item or Service, to the extent permitted by law. These Terms and Conditions in no way aim to limit or exclude Energy NV's liability in case of wilful misconduct or gross negligence. Energy NV can in no way be held liable for indirect or consequential damage, such as but not limited to financial losses, reputational damage, injuries, loss of chances or expected information, etc.
Article 15: Affecting validity - Non-renunciation
Should a provision of these Terms and Conditions be declared invalid, unlawful or null and void, this shall in no way affect the validity, lawfulness and applicability of the other provisions. If applicable, the invalid or ineffective provision shall be replaced by a valid provision which approximates the goal of the original provision to the greatest extent possible.
Should Energy NV fail to enforce any of the rights listed in these Terms and Conditions or to exercise any of these rights at any given time, this shall never constitute a renunciation of such a provision and shall never affect the validity of any of these rights.
Article 16: Modification of the terms and conditions
These Terms and Conditions are supplemented by the other terms and conditions explicitly referred to as well as Energy NV's General Terms and Conditions of Sale. In case of inconsistencies, these Terms and Conditions shall have precedence.Energy NV may also modify these Terms and Conditions for the future at any time, without prior notification. When the Customer places an order, the Terms and Conditions in force at that time shall apply to the execution of that order.
Article 17: Evidence
The Customer agrees that electronic communication and backup may serve as evidence.
Article 18: Complaints mechanism - Disputes
If the Items or Services do not meet the Customer's expectations and if they want to formulate a complaint, they may contact Energy NV's Customer Services department. Energy NV shall endeavour to process the complaint within seven (7) working days. The Customer also has the right to submit their complaint using the ODR platform (https://webgate.ec.europa.eu) of the European Commission. This is a platform created by the EU for all consumers throughout Europe.
Only Belgian law shall apply to these Terms and Conditions, regardless of the Customer's place of residence. In case of disputes that cannot be resolved out of court, the courts of the legal area of Energy NV's registered office shall have sole jurisdiction.
Annex 1: Standard withdrawal form
Dear Customer, please only fill out and submit this form if you wish to withdraw the agreement.
To Energy NV, Schoebroekstraat 8, 3583 Beringen
I/We (*) would hereby like to inform you that I/we (*) withdraw the agreement regarding the sale of the following goods/provision of the following service:
Ordered on (*)/Received on (*):
Name(s) of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s):
(*) Delete as appropriate.