General Terms and Conditions for Kindercentrum De Groeitrap

Article 1 - Scope of application

These are the general terms and conditions (hereinafter: "General Terms and Conditions") of Kindercentrum De Groeitrap, with registered office at Aarschotsesteenweg 465, 3012 Wilsele, registered with the Crossroads Bank for Enterprises (CBE) under number 0820.085.906. (Hereinafter: "Kindercentrum De Groeitrap"). The website of Kindercentrum De Groeitrap is www.degroeitrap.be

The General Terms and Conditions of Sale govern the current and future contractual relationship(s) between Kindercentrum De Groeitrap and the Customer and form an integral part of the agreement between the parties. The General Terms and Conditions apply to all information provided by Kindercentrum De Groeitrap regarding our quotes, offers, online programs, workshops, courses, agreements, services, and products, and contain important information about the Customer's rights and obligations.

In all cases, the Customer's acceptance of the General Terms and Conditions constitutes a waiver of their own terms and conditions, unless expressly agreed otherwise in writing. Deviations from and additions to the General Terms and Conditions are only enforceable against Kindercentrum De Groeitrap upon written confirmation.

Article 2 - Offer and acceptance

The Client has registered himself (or his child) or has been referred to Kindercentrum De Groeitrap via the treating (GP) doctor or others.

During an initial consultation, the client's details are reviewed and a decision is made about which care provider can best provide the care they need. The purpose of the intake consultation is to get to know each other and assess the client's needs and any necessary assessments. The further course of therapy/support is then discussed to achieve a predetermined goal together. Please note: this intake consultation will also be charged to the client at the applicable rates at that time.

Treatments will continue as standard in the practice unless otherwise agreed and with adjusted reimbursement, to make the treatment more efficient.

A strict quality law applies to all WUG professions. All disciplines (including non-WUG professions) working at Kindercentrum De Groeitrap agree to comply with this law.

Article 3 - Price and payment

The prices of Kindercentrum De Groeitrap services, as described on the website or in the center, are expressed in euros and include VAT if they fall under the VAT system. Kindercentrum De Groeitrap reserves the right to adjust the rates and/or terms and conditions at any time. Changes will be communicated at least 30 days in advance. In this case, the Client always retains the right to terminate the agreement.

Appointments that cannot be kept by the Client—except due to illness—must be cancelled at least 48 hours before the start of therapy/counseling. If there is no answer or the appointment is outside of opening hours, the Client can leave a voicemail or send an email. If the appointment is not cancelled within the specified timeframe, Kindercentrum De Groeitrap reserves the right to charge a €30 fine, without any intervention from the health insurance fund.

All invoices are payable within 30 days of receipt, unless otherwise agreed. If Kindercentrum De Groeitrap requests a deposit, activities will only commence after receipt of the deposit. Payments are made after receiving a payment invitation via bank transfer, QR code, or Bancontact and are received in a central disciplinary account.

In the event of non-payment by the due date (or 30 days after the invoice date), the Customer will first receive a free payment reminder. A new payment term of 14 days commences on the date of receipt. If the reminder is not paid, the Customer will automatically and without prior notice owe default interest equal to the statutory interest rates applicable at that time. These can be found at: Statutory interest rate applicable in the event of late payment in commercial transactions | FPS Finance

In addition, in the event of full or partial non-payment of the debt on the due date, a fixed compensation will be due by operation of law and without notice of default of:

• €20.00 for claims less than or equal to €150.00

• €30.00 + 10% on the debt amount in the bracket between €150.01 and €500.00

• €65.00 + 5% on the debt amount in the bracket above €500.01, with a maximum of €2,000.00

Any complaint must be made within eight days of delivery or invoice date.

This must be done by registered mail and must include a reasoned explanation. If no objection is received within the specified period, the invoice is deemed accepted.

If Kindercentrum De Groeitrap is required to make a payment to the Customer and fails to do so within 15 days of becoming aware of the payment, the above clauses will also apply in the event of a delay in the payment to be made by it.

For all disputes, only the courts of the district of Leuven have jurisdiction.

Article 4 - Duration of the agreement and termination of individual therapies/guidance

The duration of the agreement between Kindercentrum De Groeitrap and the Client depends on the reason for registration, the requests for assistance, and the progress made during therapy/counseling. A guideline for the duration will, if possible, be provided by the therapist/coach at the start of the therapy/counseling, but this may vary.

Kindercentrum De Groeitrap is entitled to terminate the agreement in whole or in part with immediate effect without any obligation to pay damages if the Customer does not, or only partially, respect the general terms and conditions.

The Client is entitled to terminate the agreement in whole or in part with immediate effect, without any obligation to pay damages. Invoices for therapies/guidance already received, as stated in Article 3, must be paid within 30 days of the invoice date.

After termination of the agreement, contact and file data will be retained for at least 30 years in a designated archive.

Article 5 - Group courses, lectures, workshops

The provisions of this article apply only to those Customers who purchase services (group courses, lectures, workshops, etc.) in their capacity as consumers.

The Customer has the right to cancel the purchase of the purchased services. This can only be done by notifying Kindercentrum De Groeitrap in writing. If the cancellation takes place at least five business days before the start of the service, no costs will be charged. In the event of late cancellation, costs will be charged. Kindercentrum De Groeitrap reserves the right to ask the Customer for the reason for cancellation, but the Customer is not obligated to provide a reason. The cooling-off period begins on the day after the Customer, or a designated third party, receives the confirmation email.

If the Customer revokes the agreement in a timely manner, Kindercentrum De Groeitrap will refund all payments received from the Customer up to that point within a maximum of 13 calendar days after being informed of the Customer's decision to revoke the agreement. Kindercentrum De Groeitrap will reimburse the Customer using the same payment method used for the original transaction, unless the Customer has expressly agreed otherwise.

The duration always depends on the service chosen. Kindercentrum De Groeitrap will always inform you in advance how long the service will last. The agreement cannot be terminated prematurely unless otherwise agreed in writing. When purchasing a service, the Customer agrees to pay the full price, even if the Customer wishes to cancel after the service has commenced.

Kindercentrum De Groeitrap reserves the right to cancel a service at any time, without giving reasons. Kindercentrum De Groeitrap will refund the full amount paid by the customer within a maximum of 13 days of notifying the customer.

If the Customer chooses to cancel the journey, he/she is not entitled to any refund.

Article 6 - Webshop and returns policy

1. Orders and age limit
   The Customer may place an order if they are at least 18 years old. If the Customer is a minor, the order must be placed by a parent or legal guardian. Kindercentrum De Groeitrap reserves the right to refuse orders from minors.

2. Delivery area
   Kindercentrum De Groeitrap delivers exclusively to Belgium and the Netherlands. Orders to other countries may be refused.

3. Prices and payment
   a. All prices in the webshop include VAT, taxes and services, unless explicitly stated otherwise.
   b. If the Customer chooses shipping, additional shipping costs may be charged.
   c. Payments are made exclusively via the payment methods offered in the webshop.
   d. Online payments are secured via SSL technology.

4. Delivery and shipping time
   a. Orders will be sent to the address specified by the Customer, always via Bpost.
   b. Kindercentrum De Groeitrap bears the risk of loss or damage to the order until the moment of delivery to the Customer.
   c. Kindercentrum De Groeitrap strives to ship orders within 7 days, unless otherwise communicated in writing. If delivery cannot take place within 30 days, the Customer has the right to cancel the agreement free of charge.

5. Right of withdrawal (return policy)
   a. The Customer has the right to cancel the purchase of physical products within 14 days after receipt without giving any reason.
   b. During this period, the Customer may evaluate the product as if it were a physical store. The product must be returned unused and, if reasonably possible, in its original packaging.
   c. If the Customer exercises this right of withdrawal, Kindercentrum De Groeitrap will refund the full purchase price, including the standard shipping costs for the outward journey. Any additional costs for a more expensive delivery method chosen by the Customer will not be refunded. The return shipping costs are the responsibility of the Customer.
   d. Kindercentrum De Groeitrap will refund within 14 days of receiving the returned product.

6. Exceptions to the right of withdrawal
   The right of withdrawal does not apply to:

   • Digital products whose delivery (download or streaming) has started with the express consent of the Customer;

   • Products that are custom-made or manufactured according to the Customer's specifications;

   • Products which cannot be returned for reasons of health protection or hygiene and whose seal has been broken.

7. Legal warranty
   Kindercentrum De Groeitrap guarantees the statutory two-year warranty on physical products under normal use, in accordance with the provisions of the Civil Code. If a product is not in conformity, the Customer is entitled to free repair, replacement, or refund.

8. Complaints and disputes
   Complaints about orders or products can be reported via info@degroeitrap.be or by post via Kindercentrum De Groeitrap, Aarschotsesteenweg 465, 3012 Wilsele.
   b. If a dispute cannot be resolved amicably, the Customer may turn to the competent court.
   c. The Customer can also use the European ODR platform for online dispute resolution: https://ec.europa.eu/consumers/odr .

Article 7 - Intellectual property rights

The website, social media, logos, texts, photos, names, and generally all communications from Kindercentrum De Groeitrap are protected by intellectual property rights held by Kindercentrum De Groeitrap, its suppliers, or other rights holders.

Intellectual property rights include patents, copyrights, trademarks, design rights, and/or other (intellectual property) rights, including patentable and non-patentable technical and/or commercial know-how, methods, and concepts. It is prohibited to use and/or modify the intellectual property rights as described in this article. For example, the Customer may not copy or reproduce drawings, photographs, names, texts, logos, color combinations, etc., without prior express written permission.

Article 8 - Confidentiality and Privacy

By entering into an agreement, the Customer agrees to the processing of their personal data in accordance with the privacy and cookie policy of Kindercentrum De Groeitrap. This privacy statement , which is accessible on the website, must be read.

Kindercentrum De Groeitrap must process personal data to create patient/client records or prepare certain documents. The circumstances under which this occurs are described in more detail in the privacy statement .

The Client's privacy is protected in accordance with GDPR guidelines, as Kindercentrum De Groeitrap and its employees (as well as any observers, interns, or participants in a multidisciplinary consultation) are bound by professional secrecy.

The Client acknowledges that Kindercentrum De Groeitrap may share certain information on its social media channels. When taking images or videos, Kindercentrum De Groeitrap requests written permission to use them for various purposes.

The agenda of Kindercentrum De Groeitrap is public and accessible to all employees (as well as any observers, interns, or participants in a multidisciplinary meeting).

Article 9 - Liability

Kindercentrum De Groeitrap is not responsible or liable for any damage, loss, or theft of property in the building or in the immediate vicinity of this building.

Kindercentrum De Groeitrap is not liable except in cases of intent or gross negligence. Furthermore, Kindercentrum De Groeitrap is not liable for any direct or indirect damage for which they have not expressly stipulated liability in these terms and conditions.

Kindercentrum De Groeitrap makes every effort to provide access to the website 24/7. However, given the technical characteristics of the internet and IT resources, and the need for periodic maintenance, updates, or upgrades, they cannot guarantee uninterrupted access and service. In the event of a reasonably acceptable interruption or disruption to access or service, they will make every effort to resolve it as quickly as possible. Such reasonably acceptable interruptions or disruptions are inherent to providing services via the internet and cannot be considered deficiencies.

Kindercentrum De Groeitrap will always endeavor to perform the agreement to the best of its knowledge and ability, and in accordance with the requirements of good workmanship. The Client acknowledges that Kindercentrum De Groeitrap is only obligated to perform to the best of its ability, not to achieve results.

Article 10 - Force Majeure

Kindercentrum De Groeitrap accepts no liability whatsoever if it is unable to fulfill its obligations due to force majeure or an external cause. If the force majeure is only temporary, it will attempt to fulfill its contractual obligations as soon as this is reasonably possible.

If it appears that continuation is no longer possible, the agreement will be revised or terminated by mutual agreement.

Article 11 - Nullity and completeness

These Terms and Conditions constitute the entire agreement between the Client and Kindercentrum De Groeitrap, with respect to the subject matter contained therein.

If one or more provisions of these Terms and Conditions are at any time found to be unlawful, void or for any other reason unenforceable in whole or in part, then this clause shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.

Article 12 - Jurisdiction and applicable law

Belgian law applies to all disputes related to or arising from the agreements. In the event of disputes or disagreements, only the courts of the judicial district where Kindercentrum De Groeitrap has its registered office have jurisdiction.

Article 13 - Compliments and complaints

Childcare center De Groeitrap values customer satisfaction. However, it's possible that a customer may be dissatisfied. The customer can discuss this first with the therapist/coach involved or the managers of Childcare center De Groeitrap, so we can work together to find a suitable solution.

Kindercentrum De Groeitrap is always happy to hear any tips, comments, or feedback you may have. Customers can always share these personally, by email, or through their mailbox. Would you like to share a message for everyone to see? You can always do so by leaving a review on our Facebook page.

Article 14 - Reciprocity

1. Duty of care of Kindercentrum De Groeitrap
   Childcare center De Groeitrap undertakes to provide services (including intake, guidance, therapy, or trajectory guidance) carefully, professionally, and in accordance with relevant professional standards (such as WUG professions), taking into account good workmanship.
2. Customer's Duty to Provide Information
   The Client undertakes to provide all necessary information, such as medical background, current care questions or relevant circumstances, in a timely and complete manner to ensure high-quality and appropriate guidance.
3. Communication obligation of both parties
   Both parties undertake to inform each other promptly and clearly of circumstances that may affect the implementation of the care or support agreement, such as changes in planning, medical condition, or availability.
4. Code of Conduct and Mutual Respect

   a. Kindercentrum De Groeitrap undertakes to approach the Client (and, where applicable, their parent or legal representative) with respect and empathy, in full compliance with professional secrecy and privacy as set out in Article 8 of the General Terms and Conditions.
   b. The Client (or their parent or legal representative) must behave respectfully, constructively, and professionally towards the employees of Kindercentrum De Groeitrap and must adhere to, among other things, the financial and practical agreements as stated in Article 3.

5. Consequences of non-compliance
   If one of the parties fails to fulfil its obligations under this article, the other party shall have the right to demand fulfilment or, in the event of (repeated or serious) non-compliance, to terminate the agreement in whole or in part as provided for in Article 4.