WEBSHOP GENERAL TERMS AND CONDITIONS – GENERAL SALES TO CONSUMERS – SONGDANCE BV
COMPANY DETAILS
SONGDANCE BV
Achterdreef 80, 9270 Laarne
Belgium
VAT BE 0743.5750.76
www.songdance.co
info@songdance.co
Last update: 7 August 2023
Article 1: General provisions
1.1 In these terms and conditions of SONGDANCE BV, having its registered office at Letterkouter 4, 9620 Velzeke, SONGDANCE BV is hereinafter referred to as SONGDANCE and its clients/customers/resellers as the customer.
1.2 All agreements concluded between SONGDANCE and the customer are subject to the following general terms and conditions, barring express written deviations from these provisions. The general terms and conditions of the customer shall at all times be disregarded and are therefore considered to be completely null and void in respect of SONGDANCE. The customer is deemed to have taken note of the general conditions of SONGDANCE.
1.3 In addition to these general terms and conditions, additional special terms and conditions may be drawn up depending on specific circumstances of transactions or activities. These additional terms and conditions will then form an integral part of these general terms and conditions.
1.4 Any customer who makes a purchase at SONGDANCE in any way whatsoever must accept these general terms and conditions. Each order is subject to the general terms and conditions that were published on the website and/or order included in the confirmation at such time, to the exclusion of any former or more recent provisions.
1.5 With every electronic order of products, programs and bookings for workshops and retreats, the customer explicitly declares to agree with these general terms and conditions of SONGDANCE.
Those who place an order declare that they have taken note of and accept the general terms and conditions of SONGDANCE. An electronic order without this declaration of acceptance is, except in the case of fraud, technically impossible so that these terms and conditions are always binding on the customer. The terms and conditions of sale also apply each time a reservation or order is placed via the webshop.
1.6 The buyer explicitly declares that he is of age. SONGDANCE reserves the right to cancel the purchase if it appears that the buyer is a minor. In that case, a claim will be made, equal to the costs incurred by SONGDANCE.
Article 2 : Tenders
2.1 Quotations are always submitted without obligation.
2.2 Price announcements and prices on websites do not constitute an offer.
Article 3 : Establishment
3.1 Every agreement is at all times entered into in writing and is only final after acceptance of these general terms and conditions, the prices and the description of the product.
The start on the performance of the contract is considered just as much a confirmation.
3.2 SONGDANCE undertakes to process orders placed on the site as long as stocks last/as long as places are available and within the limits set out in these terms and conditions.
3.3 SONGDANCE reserves the right to refuse orders in case of serious suspicion of abuse of rights or bad faith, serious suspicion of commercial purposes unacceptable to SONGDANCE or in case of exhaustion of the stock of a certain article.
Article 4: Graphic material, images and content
4.1 All images, videos, tutorials,sound fragments,technical properties, descriptions, compatible articles or products and data of such nature are displayed in order to give the best possible picture of the intended product or service and in no way give the right or cause to claim damages and/or dissolution of the purchase.
4.2 The above product description is offered as truthfully as possible. The statement of the price refers exclusively to the articles as described verbatim. The accompanying photo is intended to be decorative and may contain elements of articles that are not included in the price.
4.3 All information developed by SONGDANCE as referred to in article 4.1 remains the property of SONGANCE and may not be copied or reproduced in any way or used in any way without written permission.
4.4 In the event of infringement of the above provisions, SONGDANCE will be entitled to a compensation of € 1000 per day for each day that the wrongful user uses these data.
Article 5: Price clauses
5.1 All prices on the SONGDANCE websites include VAT for end users.
5.2 Certain prices/offers may be limited in time. This will be indicated in the price display.
5.3 Prices are valid as long as stocks last.
Article 6: Delivery of the product
6.1 Unless otherwise agreed, SONGDANCE will determine the way in which the products/services are dispatched.
6.2 When sending to an address/email address specified by the customer, the customer is responsible for receiving the services/products.
Article 7: Delivery period
7.1 The agreed delivery dates are stated for information purposes only and do not bind SONGDANCE. Delays can never give cause the dissolution of the agreement or the enforcement of any fines or compensation.
7.2. If the delivery period is more than 3 months, the customer has the right to dissolve the agreement free of charge, by written notification.
Article 8: Payments
8.1 Payment is made electronically via Paypal orcredit card. For customers from Belgium and the Netherlands, payment can also be made via iDeal, Bancontact or a bank transfer. Each order is immediately payable at the time of conclusion of the agreement. In case of payment by instalment, the amount will be automatically deducted from the account or card. When using Coupons (awarded by SONGDANCE), only one coupon per order can be used.
8.2 In case of a purchase of participation in a course or retreat, the student will be due the full participation fee when registering, unless otherwise stated on the website.
8.3 All payments made by the customer shall always serve to settle the longest outstanding costs and interests and invoices, in that order, even if the customer states a different invoice number with the payment reference.
8.4 Cancellation and refund policy:
8.4.1 Live courses and retreats: an advance payment made when registering for a course or retreat is never refundable, regardless of the period of cancellation. The remaining balance is 50% refundable up to 8 weeks before the activity and up to 25% up to 2 weeks before the activity. In the event of cancellation less than 2 weeks before the activity, no reimbursement will be made unless the customer can prove that the cancellation is the result of a serious medical condition.
If there is no advance payment, the activity is 100% refundable up to 2 months in advance. After that, 50% is refundable up to 2 weeks in advance. After that there is no reimbursement, except for serious medical reasons.
8.4.2 On all electronic products: you can apply for a refund within 14 days after your purchase by emailing a refund request to info@songdance.co. For certain progams, we extend this period to 30 days in which case it is mentioned on the program landing page. After that, there is no possibility to get a refund.
8.4.3 In case of a monthly or yearly membership, you can cancel anytime. A cancellation request must be sent to info@songdance.co, no later than 7 days before the next renewal payment. After cancellation, the customer will no longer have access to the membership platform (with the content library) and is no longer entitled to any member benefits.
8.4.4 In case payment is done by installments: not paying all the installments does not count as a cancellation. The product will be removed from the account zone until the full amount has been paid, and the money remains due.
8.5 If the invoice has not been paid by the customer on the due date, an interest of 12% per annum on the outstanding amount is due without prior notice of default.
8.6 In the event of late payment, compensation of 10% of the outstanding amount shall moreover be due, with a minimum of € 75 per invoice, without prejudice to the principal sum, default interest, all collection, reminder and prosecution costs.
8.7 In case of non-payment, SONGDANCE has the right to suspend any agreement with the customer and deliveries to the customer of products or services without any notice, without the customer being able to claim any damages or having the right to dissolve the agreement.
8.8 In the event that SONGDANCE would be obliged to (repay) any sum to the customer, SONGDANCE will be subject to the same fees as provided for in articles 8.3 and 8.4.
Article 9: Retention of title
9.1 As long as an invoice has not been paid in full, the title to the goods and services charged on this invoice shall be vested with SONGDANCE.Full payment also includes any interest and costs.
9.2 The customer is not permitted to alienate, rent or pledge the goods/products in advance without the written consent of SONGDANCE.
9.3 SONGDANCE will provide the customer with the title to the said goods in accordance with clause 9.1 from the moment the customer has fulfilled all his obligations, yet subject to other claims SONGDANCE has on the customer. At SONGDANCE’s first request, the customer will cooperate as required in this respect, under penalty of 500 € per day for each day the customer remains in default.
Article 10: Complaints
10.1 Any non-conformity or visible defects must be reported at the latest upon delivery of the products and services, under penalty of forfeiture. Complaints that are only related to the invoice must be notified in writing by e-mail within 8 days of the invoice date.
This complaint must be clearly defined. After the expiry of this period, SONGDANCE shall consider its obligations as having been properly performed and the customer is deemed to acknowledge the performance / invoice as correct.
10.2 Complaints do not entitle the customer to suspend payment of an invoice.
10.3 If a complaint is accepted by SONGDANCE as valid, SONGDANCE has the right to make the following choice:
Revise and amend the invoice.
Provide an equivalent alternative.
10.4 In the event of a complaint, the customer must give SONGDANCE the opportunity to repair any defects or offer another solution.
Article 11: Limitation of liability
11.1 Neither SONGDANCE nor any third party it engages for the purpose of the conclusion or execution of any agreement is liable for any damage arising from and with respect to the agreement which the customer or any third party involved in the execution of the agreement may suffer, either directly or indirectly, irrespective of the cause.
11.2 SONGDANCE is in any case never liable:
Due to non-delivery or late delivery.
For information in documentation, leaflets, website, quotations, etc.
In case of force majeure.
In case the customer should suffer any physical or mental problems after using SONGDANCE’s products/services. Please see our Health Weaver below.
If existing mental problems (e.g. depression) would worsen after the use of one of SONGDANCE’s products/services.Please see our Health Weaver below.
For any form of damage caused by data loss.
11.3 The customer shall indemnify SONGDANCE against all claims of third parties against SONGDANCE.
11.4 The limitations of liability adopted in these exclusions do not apply insofar as the damage is the result of intent or gross negligence on the part of SONGDANCE.
Article 12: Force majeure
12.1 If, after the conclusion of the agreement, SONGDANCE cannot fulfil the agreement as a result of circumstances that could not reasonably have been anticipated at the time of conclusion of the agreement or could not have been known to SONGDANCE, this will be regarded as a non-attributable shortcoming (force majeure) for SONGDANCE in respect of the customer.
12.2 Circumstances as referred to under 1 include in any case strikes, government measures, delays in supply, export bans, riots, war, mobilisation, transport impediments, import impediments, negligence of suppliers and/or manufacturers of SONGDANCE as well as auxiliary persons, illness of personnel, defects in auxiliary devices or means of transport, exclusions or other work disruptions and events that cannot reasonably be insured by SONGDANCE.
12.3 SONGDANCE has the right to suspend its obligations in case of force majeure. SONGDANCE is furthermore entitled to dissolve the agreement in whole or in part, or to demand that the contents of the agreement be changed in such a way that implementation remains possible. SONGDANCE is under no circumstances obliged to pay any fine or compensation. SONGDANCE retains the right to payment of work already performed and the costs incurred.
12.4 If execution is permanently impossible or the temporary impossibility continues for more than six months, the agreement can be dissolved by either party, however, without the customer being entitled to compensation for any damage.
Article 13: Dissolution of the Agreement
13.1 If the customer fails to fulfil his obligations in respect of SONGDANCE, or does not fulfil them on time or properly, as well as in the event his bankruptcy has been/is applied for, he is declared bankrupt, he applies for a judicial reorganisation (WCO), or he offers his creditors or a number of them an arrangement or an agreement, furthermore in the event of attachment of his assets or part of them, or in the event he proceeds to sell or liquidate (part of) his company, as well as in the event of his death, being placed under legal restraint or provisional administration, or if he loses the management or control of his company, business or part thereof in any other way, any claim that SONGDANCE has or obtains against him, shall be immediately payable in once without any notice of default being required.
13.2 In cases mentioned under 13.1, SONGDANCE has the right, subject to written notification, yet without any notice of default and without judicial intervention, to suspend the further execution of the agreement or to dissolve it in whole or in part, without being liable for any termination fee.
13.3 SONGDANCE is at all times entitled to claim damages from the customer.
13.4 In the event that the customer wishes to dissolve the agreement, he must at all times first give SONGDANCE notice of default in writing and grant it a reasonable period of time to still fulfil its obligations, or to remedy any shortcomings, which shortcomings the customer must accurately specify in writing.
13.5 The customer is not entitled to dissolve the agreement in whole or in part or to suspend his obligations if he himself has already failed to fulfil his obligations.
13.6 In case of partial dissolution, the customer cannot claim cancellation of services already performed by SONGDANCE, and SONGDANCE is fully entitled to payment for the services already performed.
Article 14: Right of renunciation
14.1 In accordance with Articles VI 47-52 of the Economic Law Code, the consumer has a period of 14 days to withdraw from the contract without stating reasons.
14.2 This provision only applies to sales to customers via SONGDANCE’s website, without any contact between the customer and SONGDANCE at any time with respect to a “distance contract” in accordance with article VI 45 of the Economic Law Code. If this is not the case, the customer cannot invoke this provision.
Any right of renunciation is subject to the following conditions:
The consumer as defined in the Economic Law Code.
The product(s) or service(s) purchased is/are not custom-made, are not personal or are not specially ordered for the customer as no stock is kept of such product or service.
The customer may only invoke this right of renunciation if it is invoked in accordance with the following formalities:
14.3.1 The right of renunciation must be exercised within 14 calendar days, the period within which SONGDANCE must be notified of the renunciation request and of the request to reimburse any amount already paid and with presentation of proof of payment; this amount will be refunded within 30 days of receipt of the notification of renunciation,to the account, card or the PayPal account used for the payment.
14.3.2 If the product is already in the possession of the customer, access to the product will be immediately withdrawn. Any files that have already been downloaded must at such time be deleted by the customer.
14.4 If the customer decides to stop the course or retreat early during a course or retreat, no refund will be made for the part not attended.
Article 15: Liability for use of the website
15.1 The purpose of the SONGDANCE website is to provide the customer with general information about SONGDANCE’s products and activities. SONGDANCE has only a best-efforts obligation with regard to access, the ordering process, delivery or other services.
15.2 SONGDANCE has the right to suspend or discontinue all or part of the site at any time for maintenance, updating or any other reason, even without prior warning.
15.3 SONGDANCE cannot be held responsible for any hindrance or damage caused by the use of internet, by any breakdown of the system, intrusion by outsiders or by a virus, nor for any information placed or processed by third parties or by any fact that can be considered as force majeure.
Article 16: Protection of privacy
16.1 SONGDANCE reserves the right to collect data of the customer exclusively for internal use, both directly through collection of the data provided by the customer when registering and/or ordering and indirectly through e.g. the use of cookies, newsletter registration, booking request or order.
16.2 In accordance with the Law of 8 December 1992 on the protection of privacy, the customer has the right at all times to view and change this data and have it removed if he/she no longer wishes to receive information regarding the activities of SONGDANCE. For this purpose, the customer can contact SONGDANCE.
Article 17: Intellectual property
17.1 All parts of the SONGDANCE site, including the technology used, are the exclusive property of SONGDANCE and protected by copyright.
Users with a website of their own and who wish to set up an automatic link between their own site and the SONGDANCE website, even for purely personal use, must request express permission from SONGDANCE.
SONGDANCE may moreover change the content of the product at any time, even after purchase; old sessions can for example be replaced by new sessions or new sessions can simply be added. Only the audio sessions are the main component of the online product; the knowledge database and other offers (such as live streams) are optional.
17.2 All intellectual property rights related to the products of Songdance remain the exclusive property of Songdance
17.3 License
Customer is granted a personal, non-transferable and non-exclusive license on the online material (images, video’s, tutorials, audio, exercises, courses, etc.) to view, to listen, to save and to print. This license is strictly personal and can only be used for the purpose of attending the sessions and learning. The royalty for the license is included in the price of the Product.
17.4 Pro-License
When the Customer buys a Pro-License of the product, the Customer is granted, additional to the rights to use the Products for its professional activities. This entails the right to play the audio sessions (Product) during yoga- or relaxation sessions, mantra evenings or alike, that the customer organises. The pro-license does not grant the Customer the right to grant or sublicense nor to record the material/sessions, nor to use the sessions online. The royalty for the pro-license is included in the price of the Product.
Article 18: Participants’ good conduct
18.1 SONGDANCE or one of its employees may deny participants access or further participation in an online programme/course or live workshop/retreat at anytime if the behaviour of these participants could be harmful to the group dynamics or to themselves.
Article 19: Special conditions for participants — Health Waiver
19.1 In certain circumstances it is mandatory to contact us prior to registration. A non-exhaustive list of such circumstances is:
people taking medication;
in case of mental disorders
physical complaints
Certain persons must request express written consent (via email) prior to registration to participate in an online programme/course or live workshop/retreat if the person in question suffers from a mental condition (depression) or physical disability, which may make participation more difficult or which may cause harm to the person. Especially if medication is used, the doctor or therapist of the person in question should be notified and SONGDANCE should be informed. SONGDANCE will then decide on a case by case basis whether or not participation is possible. An individual conversation be necessary for a proper assessment. A price proposal will be communicated.
19.2 Although our products and workshops/retreats can bring about physical, emotional, mental and spiritual growth, they are never a substitute for medical or psychological treatment. The testimonials on the website are of a personal nature and the effects mentioned are purely illustrative and never guaranteed.
19.3 Specifically for the dancing practices during live retreats or with our Magical Movement Journey, for most people, physical activity should not pose a problem. However, if you have any of the following conditions please ensure you have sought medical advice before participating:
Diabetes
Epilepsy
Asthma
High Blood Pressure
Joint problems(knees, hips, spine)
Surgery in the last 6 months
Pregnant or recently had a baby
Fainting / dizziness
By purchasing and participating in Songdance’s Magical Movement Journey or any related sessions, you confirm and agree to the following Terms & Conditions:
You have read the Health questionnaire above and have received medical advice with regards to exercise and accept full responsibility for your own health.
You agree to practice ‘kind to the body’ movement by listening to your body and adapting/stopping/changing any movement that causes pain/discomfort or unease.
You accept full responsibility for your own health & safety whilst taking part in classes.
You release any liability for any claims, demands, injuries, actions or cause of actions to your person connected to Songdance.
You have carefully read the above with a full and clear understanding and freely enter into the agreement of this waiver’s release.
Article 20 : Disputes
20.1 All disputes are subject to Belgian law and are exclusively subject to the jurisdiction of the courts of the court district where SONGDANCE’s registered office is located.