Terms and Conditions
Last update: 30 January 2021
Ms Heather Gorham, acting under the name HEALTHFULLY HEATHER, with registered office at 9520 SINT-LIEVENS-HOUTEM, Oordegemstraat 8 and company registration number 0694.867.319
My email address is: hello@healthfullyheather.com
Part 1: General
In these general terms and conditions, the following shall be understood to mean:
Offer: all offers and quotes coming from me, either via my website or via email.
Service: the services I provide and the Customer purchases.
Service provider: Heather Gorham or Healthfully Heather
Right of withdrawal: the right of a consumer within the statutory cooling-off period of 14 calendar days to waive a distance contract and this in accordance with article VI.47 and following of the Economic Law Code.
Customer: The entrepreneur or consumer who enters into an agreement with me and thereby accepts the terms and conditions.
Agreement: the agreement entered into between the Customer and the Service provider
Practice addresses: Oordgemstraat 8, 9520 VLIERZELE
Products: the online e-books, workshop, online courses and products I sell through my website
Written: written communication such as email or by registered mail where necessary.
Website healthfullyheather.com
Article 2 - Applicability of the general terms and conditions
2.1. In these general terms and conditions, I describe the rules on the basis of which I, as a Service provider, will provide my services to you, the Customer. These terms and conditions apply to all my quotes, offers, online programmes, workshops, programmes, agreements, services and products, and contain important information about your rights and obligations.
2.2. These general terms and conditions always take precedence over any general terms and conditions of the Customer. This in so far as these terms and conditions are not deviated from in writing.
2.3. The latest version of these general terms and conditions always applies.
Article 3 - Offer and acceptance
3.1. The Service provider always makes an offer via the website (Part 2, 3 and 5) or a quote (Part 4).
3.2. The Service provider has the right at all times to adjust the rates and/or terms and conditions. The offer existing at the time the Customer accepts it, i.e. purchases it, is the current offer.
3.3. The Service provider cannot be held to the offer if the Customer could reasonably understand that the offer, or any part thereof, contains an apparent material error or clerical error, such as an unrealistically high discount or unusually low asking price.
3.4. By accepting the offer or placing an order, an agreement is created, and the Customer agrees that the agreement will be implemented and fulfilled immediately. The Customer-consumer, hereby waives the right of withdrawal (if applicable).
Services or products purchased through the website must be paid immediately and through the website. For services or products not purchased through the Website, the Service provider shall send an invoice, unless otherwise agreed.
Part 2 - Provisions Applicable to the Consultations, Programmes, and Workshops
Article 4 - Performance of the agreement and provision of information Customer
4.1. The Service provider offers different types of services: Memberships, one-one coaching, group coaching, VIP coaching, meal prepping, personalised meal plan, etc.
The customer can find the necessary information regarding the different types of services on the website.
4.2. Unless otherwise agreed in writing, the Service provider's activities shall consist of giving advice on movement and/or guidance of the Customer in the broadest sense of the word.
The Service provider's activities shall take place, unless otherwise agreed in writing at the Service provider's site or online.
The Service provider has the right to change the location unilaterally if this is necessary for the exercise of the business and/or treatment of the Customer.
4.3. At the start of the process, the Service provider shall, in consultation with the Customer, notify the times when the training sessions or consultations shall take place.
4.4. The Service provider carries out the commission to the best of its knowledge and ability. The Service provider shall not be liable for the failure to achieve the result intended by the Customer. The intended result always depends on the Customer's efforts.
4.5. The performance of the agreement takes place in mutual consultation and after written agreement and payment of the amount due.
4.6. The Service provider can only carry out its work properly if the Customer provides all requested information for the performance of the commission in a timely manner, i.e. during the intake interview. The Customer is therefore responsible for the correctness, completeness and reliability of the data made available, even if they originate from third parties. The Service provider shall, of course, treat these data confidentially.
4.7. If the Customer does not make the requested data available or does not do so on time and the performance of the commission is delayed as a result, the resulting additional costs shall be borne by the Customer.
4.8. The Service provider shall not be liable for damage of any nature whatsoever due to incorrect or inaccurate information provided by the Customer.
4.9. If the Customer is unable to participate in an activity due to illness, the Customer is expected to inform the Service provider as soon as possible. All appointments must be cancelled no later than 24 hours in advance, otherwise the Customer will lose the appointment or a fee to the amount of 50% of the normal fee shall be charged. The compensation must be paid before the next consultation.
The same appointment can only be rescheduled once if this is notified within 24 hours, in mutual consultation between the Service provider and the Customer. If the Customer reschedules the same appointment more than once, he/she will have to pay for the appointment.
4.10. In case of unforeseen circumstances, the Service provider has the possibility to interrupt, move or cancel a programme or consultation. Unforeseen circumstances include illness of the Service provider and circumstances that occur with regard to materials that are necessary for the proper performance of the agreement. The Service provider shall notify the Customer of a change as referred to in this paragraph as soon as possible.
4.11. The Service provider works in English. The Customer acknowledges this.
Article 5 - Rates and payments
5.1. The work is started after full payment of the principal amount of the chosen programme or by means of a monthly fee. The customer has the possibility to pay by bank transfer after receiving the invoice, by credit card or paypal.
If monthly payment is chosen, the first payment must be made before the chosen programme begins.
5.2. If the customer fails to pay on time, the Service provider shall be entitled to discontinue the services until the amount due has been received. The obligation to pay remains unchanged in this situation.
5.3. In the absence of payment on the stipulated due date and if the Service provider has to proceed to collect its claim, the Service provider shall be entitled to immediately claim all amounts still due, regardless of the method of payment.
5.4. If no payment by direct debit has been agreed, the customer shall transfer the entire amount of the invoice in one payment to account number BE06363174443022 of the Service provider with specification of the invoice number at the bottom of the invoice. The invoice must be paid within 8 days.
In the event of non-payment or default of payment of the invoice within the stipulated term, all outstanding invoices shall become immediately due and payable by operation of law and without prior notice of default, and the Customer shall be liable from the due date, by operation of law and without prior notice of default, to default interest of 10% per annum on the amount of the invoice, as well as to fixed compensation of 10% with a minimum of €75.00. In case of partial payment, full compensation remains due.
Article 6 - Modification or termination of the agreement
6.1. The Service provider is entitled to dissolve the Agreement in whole or in part with immediate effect without any obligation to pay damages if the Customer does not fulfil, or only partially fulfils, his/her obligations under the Agreement. The Service provider can only exercise its services properly if the Customer fulfils his/her contractual obligations.
The Customer can change the agreements made only once in principle. A made and paid appointment is binding.
6.2. In principle, the agreement cannot be terminated prematurely. The purchased programme has a duration as specified at the time of purchase. When purchasing the programme, the Customer agrees that the entire programme must be paid for, even if the Customer wishes to cancel over the course of the programme.
If the Customer chooses to cancel the programme, it shall not be entitled to any refund.
An (interim) termination of the agreement by the Customer is only possible on medical grounds with proof of a medical certificate by an accredited medical doctor. If necessary, the agreement shall be suspended as long as the medical condition persists.
Part 3 - Provisions Applicable to the Sale of E-Books, Online Courses, and Products
Article 7 - Price and payment
7.1. The prices are inclusive of VAT, but without delivery costs if applicable. Delivery costs are available to the customer and depend on the country to which the products are to be shipped.
7.2. Before the customer places an order on the website, the total price, including all costs and taxes, shall be available to the customer and will be specified.
7.3. Services or products purchased through the website must be paid immediately and through the website. For services or products not purchased through the Website, the Service provider shall send an invoice, unless otherwise agreed. This invoice must be paid within 8 calendar days after the invoice date.
7.4. The Service provider accepts the following types of payment options on its website:
Stripe
Paypal
Article 8 - Right of withdrawal
8.1. The provisions of this article only apply to Customers who, in their capacity as consumers, purchase articles online. This is therefore not applicable when the Customer purchases products at the Service provider's practice address.
The Customer has the right to cancel the purchase of the physical products purchased within a term of 14 calendar days. The Service provider has the right to ask the Customer for the reason for the withdrawal, but the Customer is not obliged to give a reason.
The cooling-off period in the previous paragraph commences on the day after the Customer, or a designated third party, has received the confirmation email.
8.2. The right of withdrawal does not apply to customised schedules or services or products other than physical products. The dissolution of downloads and other deliveries of digital content (e.g. e-books, online courses, etc.), not supplied on a material carrier, is not possible if the Customer has expressly agreed to the commencement of the performance of the agreement before the end of the cooling-off period and has acknowledged to lose the right of dissolution when giving this consent.
The right of withdrawal does not apply either when the Customer purchases tickets for a workshop.
Article 9 - Exercise of the right of withdrawal
9.1. To exercise the right of withdrawal, the Customer must inform the Service provider (by means of an unequivocal statement (e.g. in writing by post or email) of his/her decision to withdraw from the agreement. This notice must reach the Service provider before the withdrawal period has expired.
To comply with the withdrawal period, the Customer must send the notice concerning his/her exercise of the right of withdrawal before the withdrawal period has expired.
9.2. The Customer must return the goods to the Service provider immediately, but in any event no later than 14 calendar days after the day on which he/she communicated his/her decision to withdraw from the Agreement. The Customer shall be on time if he/she returns the goods before the period of 14 calendar days has expired.
9.3. The direct costs of returning the goods shall be borne by the Customer.
9.4. If the returned product has in any way diminished in value, the Service provider reserves the right to hold the Customer liable and to claim damages for any diminished value of the goods resulting from the Customer's use of the goods beyond what is necessary to determine the nature, characteristics and operation of the goods. Only items in their original packaging, together with all accessories, instructions for use and invoice or proof of purchase can be taken back.
9.5. If the Customer withdraws from the Agreement, the Service provider shall refund to the Customer all payments received from the Customer up to that time, including the standard delivery charge, within a maximum of 14 calendar days of being informed of the Customer's decision to withdraw from the Agreement. In the case of sales agreements, the Service provider may wait until it has received all the goods again, or until the Customer has proved that he/she has returned the goods, whichever is the earliest.
9.6. The Service provider shall reimburse 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 shall not be charged any fee for such reimbursement.
Article 10 - Delivery
10.1. The following provisions apply to the purchase of products:
The shipping address is the address or email address provided by the Customer. The Service provider is not liable for errors in delivery due to errors in the provided delivery information.
10.2. The Service provider ships the physical products within 3-5 business days. The online products are delivered within 48 hours. If products are not in stock, the Customer shall be kept informed of the adjusted delivery time.
10.3. If the delivery is delayed, the Customer shall be notified as soon as possible. If the delivery takes longer than 30 calendar days, the Customer has the right to dissolve the agreement free of charge.
10.4. The Service provider delivers worldwide. There is no limit for online products.
Article 11 - User account for online training courses
11.1. To access online Services, including online training courses, the Customer must create an account on the website.
The Customer shall ensure that the information in the account is always current and up to date. In addition, the Customer shall also ensure a secure and unique password.
11.2. Access to the user account is strictly personal. Access to the account, account data and login data may not be shared with third parties.
11.3. In the event of a suspicion that account data is shared with third parties, access to the account shall be blocked for an indefinite period of time, without any compensation or payment being due by the Service provider to the Customer.
11.4. If the Customer should act in violation of these general terms and conditions or otherwise act unlawfully or cause damage to the Service provider, the Service Provider shall be entitled to deny access to the account, without being liable to pay any compensation.
Article 12 - Online training
12.1. Access to online training is personal. Access to the online training or content of the training may not be shared with third parties.
12.2. In the event of a suspicion that access to an online training is shared with third parties, access to the online training shall be blocked for an indefinite period of time, without the Service provider owing the Customer any compensation or payment.
12.3. The Service provider designed the online training on the basis of its experience and knowledge in the field of exercise and diets. With the online training, the Service provider wishes to provide the Customer with the necessary tools.
12.4. The offered online training, in which online course material is provided, is through the Website.
12.5. The Customer must at least have an email address and an Internet connection, a web browser and suitable equipment to use the online training.
12.6. After the end of an online training, the content shall remain available "for life" as long as the Service provider and the online training continue to exist. If the Service provider chooses no longer to offer the online training, the Customer shall be informed of this in good time.
12.7. The Service provider provides no guarantees of any progress or improvement, nor does it offer any guarantee of result. The results always depend on the Customer's efforts.
12.8. The Customer must refrain from any use of (the content of) the online training that is unlawful or may be harmful to the Service provider.
Part 4 - Provisions Applicable to B2B Relationships and Specific Coaching Programmes
Article 13 - Quotes
13.1. If the customer is interested in one of the Service provider's services, a quote will happily be provided. This quote is without obligation and cannot be considered as an offer. Unless otherwise agreed, a quote is valid for 15 days.
The Service provider shall only be bound after you, the Customer, have declared in writing that you agree with the quote and the Service provider has accepted the commission. When placing the order, the customer explicitly agrees to these terms and conditions and you waive your own terms and conditions.
13.2. To determine the scope of the commission, only the description of the quote with possible additions and changes shall apply if they have been agreed in writing.
Any change at the Customer's request, any additional delivery or performance, whether agreed in writing or orally and not included in the quote, shall be charged separately at the customary rates.
Article 14 - Performance of the agreement
14.1. The Service provider shall perform the agreement to the best of its knowledge and ability.
14.2. If and insofar as this is required for the proper performance of the Agreement, the Service provider has the right to subcontract certain activities to a third party.
14.3. The Service provider can only carry out its work properly if the Customer provides all requested information for the performance of the commission in a timely manner, i.e. during the intake interview. The Customer is therefore responsible for the correctness, completeness and reliability of the data made available, even if they originate from third parties. The Service provider shall, of course, treat these data confidentially.
14.4. If the Customer does not make the requested data available or does not do so on time and the performance of the commission is delayed as a result, the resulting additional costs shall be borne by the Customer.
14.5. The Service provider shall not be liable for damage of any nature whatsoever due to incorrect or inaccurate information provided by the Customer.
Article 15 - Delivery terms
15.1. The delivery term is purely indicative and does not offer any guarantee. The obligation entered into by the Service provider does not concern a best-efforts obligation The Service provider must, of course, do everything necessary to provide our services within the set period of time. However, a delay in delivery may not give rise to a claim for compensation or dissolution of the agreement.
15.2. Furthermore, if we are hindered by force majeure, the Service provider has the right, without judicial intervention, to suspend the performance or to dissolve in whole or in part without any compensation being due.
Article 16 - Invoicing and payment
16.1. The Service provider shall always draw up an invoice for the services provided. Payments are due in accordance with the provisions of the quote and invoices are payable at the company's registered office within 30 days of the invoice date unless expressly agreed otherwise.
16.2. In the event of non-payment or default of payment of the invoice within the stipulated term, all outstanding invoices shall become immediately due and payable by operation of law and without prior notice of default, and the Customer shall be liable from the due date, by operation of law and without prior notice of default, to default interest of 10% per annum on the amount of the invoice, as well as to fixed compensation of 10% with a minimum of € 150.00. In case of partial payment, full compensation remains due.
16.3. Failing timely payment, we have the right to suspend work or services still in progress until the amounts due have been paid. If our invoice (plus any interest and damages) one week after a notice of default is sent, has still not been paid, we have the right to deactivate the products offered by us (including but not limited to the website, domain name, and email server) until payment of the amount still due.
Part 5 - Provisions Applicable to Membership
Article 17 - Access
Membership means that the customer gets access to the membership and this against payment of a fixed monthly fee.
Article 18 - Term
18.1. A membership is concluded for 1 or 3 months and cannot be terminated in the intervening period. If the customer wishes to terminate the agreement, he/she can terminate the agreement up to 1 week before the end without further notice.
18.2. If the customer does not terminate the agreement on time, the agreement shall be renewed on a monthly or quarterly basis, depending on the chosen programme.
Article 19 - Payment
19.1. Payment can be made per month or per quarter (three months).
Unless otherwise agreed, the monthly or quarterly fee is paid monthly/quarterly in advance by invoice or credit card and is the start date of the membership. Subsequent monthly or quarterly payments are due in advance by invoice or credit card prior to the start of a new month or quarter.
19.2. If the customer does not pay on time, the Service provider is entitled to terminate the membership until the amount due has been received. The obligation to pay remains unchanged in this situation.
19.3. In the absence of payment on the stipulated due date and if the Service provider must proceed to collect its claim, the Service provider shall be entitled to immediately claim all amounts still due, regardless of the method of payment.
19.4. In the event of non-payment, a compensation clause of 10%, with a minimum of 50 euros, and a conventional default interest of 10% shall be owed by the customer by operation of law, regardless of all judicial and extrajudicial costs.
19.5. If no payment by direct debit has been agreed, the customer shall pay the full amount of the invoice in one payment, with specification of the invoice number, at the bottom of the invoice. The invoice must be paid within 8 days.
Article 20 - User account for membership
20.1. To access the membership, the Customer must visit the website or the chosen learning platform (e.g. Teachable) to create an account.
The Customer shall ensure that the information in the account is always current and up to date. In addition, the Customer shall also ensure a secure and unique password.
20.2. Access to the user account is strictly personal. Access to the account, account data and login data may not be shared with third parties.
20.3. In the event of a suspicion that account data is shared with third parties, access to the account shall be blocked for an indefinite period of time, without any compensation or payment being due by the Service provider to the Customer.
20.4. If the Customer should act in violation of these general terms and conditions or otherwise act unlawfully or cause damage to the Service provider, the Service Provider shall be entitled to deny access to the account, without being liable to pay any compensation.
Article 21 - Access to membership
21.1. Access to membership is personal. Access to, or the content of, the membership may not be shared with third parties.
21.2. In the event of a suspicion that access is shared with third parties, access shall be blocked for an indefinite period of time, without the Service provider owing the Customer any compensation or payment.
21.3. The Service provider designed the membership based on its experience and knowledge in the field of nutrition. The Service provider therefore tries to provide the Customer with the necessary tools.
21.4. Membership and access to this membership are through the Website.
21.5. The Customer must at least have an email address and an Internet connection, a web browser and suitable equipment to use the online training.
21.6. The Service provider shall always notify how long the customer has access to the chosen online training platform. If the Service provider chooses no longer to offer the online training, the Customer shall be informed of this in good time.
21.7. The Service provider provides no guarantees of any progress or improvement, nor does it offer any guarantee of result. The results always depend on the Customer's efforts.
21.8. The Customer must refrain from any use of (the content of) the information made available that is unlawful or may be harmful to the Service provider.
Article 22 - Liability
The Service provider shall not be liable for any damage caused to the Customer as a result of the misuse of the membership or the community.
Part 6 - Provisions Applicable to All Services and Products of the Service Provider
Article 23 - Disputes
The customer is obliged to notify the Service provider in writing of any complaints about invoices and/or services or products delivered within 8 days after the complaint arose.
Payment, even partial payment of the final invoice, or the mere taking into use, may also be considered as a presumption that you have tacitly accepted the delivery, unless you lodge a complaint by registered letter within 8 days after one of the aforementioned occasions.
If a defect is reported of a physical product at a later time, the Customer shall no longer have any absolute right to repair, replacement or compensation.
The customer-consumer may also always choose to lodge a complaint with the Consumer Ombudsman service of the Federal Government. This can be done via this link http://www.consumentenombudsdienst.be//nl.
Article 24 - Liability
24.1. Force majeure
The Service provider does not accept any liability when it is unable to fulfil its obligations due to force majeure or an external cause. If the force majeure is only of a temporary nature, we will try to fulfil our contractual obligations from the moment that this is reasonably possible again.
If it appears that a continuation is no longer possible, the agreement shall be reviewed or dissolved by mutual agreement.
24.2. Relations with third parties
Insofar as the Service provider were to be dependent on the cooperation, services and deliveries of third parties, the Service provider can in no way be held liable for damage arising from these relationships or the termination thereof.
24.3. Contractual shortcomings
If, in the performance of our agreement, a serious shortcoming should be attributable to the Service provider, you may give the Service Provider notice of default in writing, giving it a reasonable period of time to still fulfil our obligations. The Service provider can only be held liable for replacement damages that cannot exceed the invoice amount. We are not responsible for any failure of an employee or third party.
Any liability for any other form of damage is excluded, including any compensation for indirect damage, consequential damage or damage due to loss of turnover or profit.
24.4. Technical problems website
The Service provider cannot guarantee any particular uptime of the Website. The digital content may therefore not be available for short periods of time. The Customer shall not be entitled to claim compensation for this if it remains within reasonable proportions.
The Service provider makes every effort to ensure that the website and online services are available again as soon as possible. However, the Service provider cannot offer any guarantee.
24.5. Website
The Service provider is not liable for damage caused by burglary or hacking of the Website. The Service provider shall take all reasonable security measures in accordance with the state of the art currently available.
The Service provider shall not be liable for damages resulting from phishing, farming or other forms of Internet fraud or other criminal activity.
24.6. Liability Meal Plans & Recipes
The Service provider shall not be liable for damage suffered by the Customer as a result of the incorrect use of the services provided by the Service Provider.
Should the Customer have certain allergies, he/she is obliged to inform the Service provider so that the Service Provider can check whether or not he/she can eat the included foods/recipes.
Article 25 - Intellectual property law
25.1. By accepting these general terms and conditions, the Customer expressly acknowledges that all designs, information, images, emails, downloads, diagrams, modules and/or materials, and other content on the website are the product property of the Service provider and are protected by the relevant intellectual property rights, including but not limited to copyrights, trademark rights, database rights, related rights, patents and design rights.
25.2. The Service provider grants the Customer a limited, personal, non-exclusive, non-sub-licensable, non-transferable and irrevocable right to use the services and products for personal purposes and under the conditions set out in these general terms and conditions. This only during the term of the agreement.
25.3. The Customer is expressly prohibited from copying, changing, disclosing, using for direct or indirect commercial purposes or transferring to third parties any designs, information, images and other content drawn up by the Service provider.
The Customer is also prohibited from transferring the licence to third parties. The Customer may download and save and/or print the works for strictly personal use.
25.4. The Parties can always deviate from this by means of a written agreement.
Article 26 - Data processing
26.1. By accepting an offer, the Customer agrees to the processing of his/her personal data in accordance with the Service provider's privacy policy. These general terms and conditions should be read in conjunction with this general privacy statement accessible on the website
26.2. By creating an account, the Customer unreservedly accepts these general terms and conditions. In addition, the Service provider must process personal data to create the user account or to draw up certain documents. The circumstances in which this happens are described in more detail in the privacy policy.
26.3. In the context of the services provided by the Service provider, the Service Provider processes, as the 'Controller', personal data relating to the contacts specified by the Customer. The contact data of these persons may be processed within the context of our Customer Management, for marketing purposes, and serve to properly perform our agreement with the Customer.
Article 27 - General
27.1. Parties are obliged to maintain the confidentiality of all confidential information obtained from the other party in the context of this agreement.
No one can transfer his or her rights and/or obligations under these general terms and conditions or our agreements to a third party without the other party's consent.
27.2. If any provision of these terms and conditions should be wholly or partially contrary to a statutory provision, and therefore invalid, these terms and conditions shall remain in full force and effect in all other respects. If necessary, the parties shall jointly agree on a new provision that is in line with the purpose of the void provision.
27.3. This agreement is governed by Belgian law. Any dispute relating to the interpretation or performance of a contract and to our invoices falls within the exclusive jurisdiction of the courts where the Service provider's registered office is located.