General Sales Terms and Conditions
1. Application and opposability
The present Terms of Sale (hereinafter: “TS”) govern the relationship between The Loft Group SRL, a company incorporated and existing under the laws of Belgium, with registered offices at Place Du Tomberg, 1200 Woluwe st lambert, listed in the Belgian Trade and Companies Register under n°0838,112,959, (hereinafter “The Loft Group”) trading as the “Brussels Yoga Academy” and its clients (hereinafter: “Clients”).
These TS apply to all services, products, offers, orders, contracts and invoices rendered or issued by The Loft Group to the Client unless otherwise agreed in writing.
The Loft Group is only bound by the conditions set out in these TS and The Loft Group’s General Terms of Use.
The application of any other conditions is excluded. This applies, in particular, to any written or oral communication or negotiation preceding the acceptance of an order.
By purchasing any product or service of The Loft Group, the Client explicitly confirms to have read and accepted the TS without any reservation.
The Loft Group reserves the right to modify these TS at any time, without any prior warning, to comply with the (changing) legal obligations or to improve our service for you.
Each time the Client wishes to place an order, he or she must ensure to have read and understood the TS applicable when he or she agrees with The Loft Group.
If you have any questions or complaints concerning the present TS, please contact The Loft Group at info@brusselsyogaloft.com.
2. Purchasing The Loft Group’s products and services
2.1. General
Purchasing products or services.
The Loft Group offers the possibility to purchase any products or services offered on the website www.brusselsyogaacademy.com (the “Website”), on The Loft Group application (the “Application”) or at the front desk of a The Loft Group studio.
Pricing options and formulas. The Loft Group offers different pricing options and formulas (drop-in, sessions pass, membership subscriptions, gift cards,...). The different formulas are accessible on The Loft Group’s website under the “Pricing” section:
“drop-in” grants access to a single session. They are valid for one specific session and cannot be refunded if unattended.
“Credits” grants access to an unlimited number of sessions. They involve either a single payment or periodic payment. The pass is non-transferable and non-refundable. Their use is limited in time.
“Memberships” grants access to a limited or unlimited number of sessions. The number of sessions depends on the package (e.g. 10-session, 20-session or 50-session packages). Their use can be limited in time.
Any purchase (except for pre-sales, which give access to a new studio only) gives you access to sessions in all of our studios but excludes workshops or other special events.
The activation date of your pass or membership is the date of the first session booked and not cancelled, even if not attended. Or the date or purchase depending on the service purchased.
Promotional and introductory offers can be subjected to specific terms for new or existing clients.
Anyone found using two different accounts to claim introductory or promotional offers more than once and against their terms - will have their account suspended immediately and lose access to the studios without compensation or refund.
In addition, The Loft Group may offer tailor-made solutions for which pricing will not be available on The Loft Group’s website but will be communicated directly by The Loft Group to the client.
All purchases are definitive and non-refundable unless under specific terms and conditions mentioned in the product or service description.
The Loft Group does not offer refunds on services or products for change of mind, injury, illness, change of address or any other reason. The Loft Group, however, grants a suspension right subject to conditions outlined in Article 3.4.
Fee increases.
Fees may increase.
An increase in fees applies to new passes or new packages.
Concerning the membership subscriptions, changes in fees shall only apply as from their automatic renewal, except as expressly stated otherwise in writing by The Loft Group.
Gift cards.
Gift cards can be redeemed for drop-ins, passes, subscription memberships, events or products. They are in no case redeemable for cash.
Age.
To register or purchase from The Loft Group online booking system and attend regular sessions, you must be over eighteen (18).
Sessions for children must be purchased by someone over eighteen on behalf of the child. Clients under eighteen years of age may only participate in dedicated sessions.
2.2. Conclusion of an agreement
Non-binding offers.
The offers are always non-binding unless otherwise mentioned in writing. Pricing options and formulas may change over time.
Furthermore, the offers are valid for thirty (30) days unless otherwise stated by The Loft Group.
Steps to conclude an agreement.
Each purchase by the Client is wholly binding on the Client, but the sale is only final when The Loft Group has sent a confirmation via e-mail.
We advise you to print and save this confirmation e-mail. The Loft Group reserves the right to refuse each sale without stating any reasons.
After receiving the e-mail, an agreement (hereinafter the “Agreement”) is established between The Loft Group and the Client.
Potential inaccuracies and errors.
The Client must report any inaccuracies or alleged inaccuracies in the confirmation email in writing within eight (8) days from the date of dispatch of the confirmation email.
Suppose The Loft Group is incapable of delivering a good or service, for example, because the availability has expired or because of an error in displaying the price. In that case, The Loft Group will contact the Client immediately.
If a product is unavailable, The Loft Group reserves the right to offer a replacement suitable to the Client of equivalent quality and price.
In case the Client has already paid for the goods and does not wish to receive replacement goods of equivalent quality and price, The Loft Group will reimburse the Client as soon as possible using the same payment method as the Client when placing the order.
2.3. Price and payment
Applicable price.
The prices are indicated in euros (EUR) and include VAT.
The prices are applicable on the day of the offer, on the Website, the Application or in the studio, depending on whether it is an online or an offline sale.
Online sales.
Regarding online sales, The Loft Group will undertake the utmost effort to ensure that the payments will proceed as efficiently and safely as possible.
To ensure this, The Loft Group relies on the safe and reliable services of Squarespace and Momence.
Squarespace and Momence provide The Loft Group with an online e-commerce platform which allows The Loft Group to sell the services on the Website and the Application.
Payment timing.
The Client will pay the price when buying the products or services unless specifically otherwise mentioned in writing.
Suppose The Loft Group and the Client explicitly agree that payment will not be performed at the time of the sale. In that case, the Client will receive further information from The Loft Group concerning the timing and payment modalities.
The Client shall fulfil the requirements of which he or she shall be informed to fulfil his/her payment obligation.
In any event, payment for all sessions, workshops and events must be received before the scheduled session, workshop and event date.
Payment means.
Regarding online sales, the Client will perform his or her payment obligation by choosing one of the payment methods indicated when placing the order (such as Visa, Mastercard, Bank transfer, Paypal ...).
Regarding offline sales, the Client will perform his or her payment obligation using the payment methods indicated at the studio (such as example Visa, Mastercard, Maestro or in cash).
Formulas involving periodical payments.
Some of the formulas offered by The Loft Group (for example, monthly or yearly membership subscriptions), require payments to be made on a regular basis. To ensure that the Client does not experience any interruption, its subscription shall be renewed automatically on its expiration date unless terminated by written notice following the membership terms and conditions.
The renewals shall be conducted for a renewal period equal in time to the last valid subscription.
In case of notice of termination, the notice shall be sent by email and shall only be deemed valid after The Loft Group has sent the confirmation receipt to the Client.
The Client is not entitled to cancel its subscription or obtain a reimbursement hereof unless agreed otherwise in writing between parties.
The Client agrees to approve such regular payment by credit or debit card on the predetermined dates and under the conditions stipulated in these TS.
Difficulties in processing the periodical payments.
It is the Client's responsibility to ensure sufficient funds are available to cover the payment.
The transaction will fail if a payment is declined due to insufficient funds.
In case of rejected or refused payment, our policy is to automatically retry your payment method seven (7) days later.
Failure to pay will result in your membership being suspended until payment is received.
The Loft Group reserves the right to suspend the Client's membership or to prohibit the Client from attending sessions until the unpaid participation or negative balance is settled.
The Loft Group is in no way responsible for additional bank fees that may incur from the Client’s bank.
Non-payment or late payment. In case of non-payment, late payment, or any other problem relating to the payment, the entirety of the payments owed to The Loft Group shall become immediately due and payable by operation of law.
This amount will be increased by operation of law with yearly interests of three per cent (3%) of the originally owed amount.
Incorrect price.
Regarding online sales, The Loft Group will undertake all reasonable measures to ensure the correct presentation of prices of goods and services on the Website. Despite these efforts, it is still possible that certain goods mentioned on the Website are displayed with an incorrect price.
If The Loft Group discovers this error in the pricing in the goods ordered by the Client, The Loft Group will inform the Client and offer to continue the sale at the correct price or allow the Client to cancel the sale.
The Loft Group will not process the Client's order until The Loft Group receives instructions from the Client.
If The Loft Group cannot contact the Client via the contact information provided by the Client when placing the order, The Loft Group will consider the order to be cancelled and The Loft Group will inform the Client in written form.
2.4. Withdrawal right for online sales
Withdrawal right.
Regarding online sales, the Client has the right to withdraw from the Agreement within fourteen (14) days without giving any reason.
The withdrawal term expires fourteen (14) days from the day of the conclusion of the contract.
Exercising the withdrawal right.
To exercise his or her withdrawal right, the Client must inform The Loft Group about his or her intention to withdraw from the Agreement using an unambiguous statement (e.g. a letter sent by post, or e- mail).
To meet the withdrawal deadline, it is sufficient for the Client to send the aforementioned statement or communication concerning the exercise of the withdrawal right before the withdrawal period has expired.
Reimbursement.
If the Client withdraws from this Agreement, The Loft Group shall reimburse the Client all payments received from the latter without undue delay and in any event not later than fourteen (14) days from the day on which The Loft Group is informed about the decision of the Client to withdraw from this Agreement.
The Loft Group will carry out such reimbursement using the same means of payment as the Client used for the initial transaction unless the Client has expressly agreed otherwise; otherwise, the Client will not incur any fees due to such reimbursement.
Exceptions to the withdrawal right. The Client can, as outlined in article VI.53 of the Belgian Code of Economical Law, not invoke his/her right of withdrawal in the following cases:
- service contracts, after the service has been entirely performed, if the performance has begun with the Client’s prior express consent. Indeed, once the contract has been fully performed, the Client loses his right of withdrawal;
- the supply of goods made to the consumer’s specifications or personalised.
3. Attending the sessions
Booking policy
Sessions should be booked in advance.
Sessions are available for online booking from at least 7 days before the session, and it is possible to register either through the Website or Application.
“Book” allows you to book a session.
“Add to Waitlist” allows you to put your name on the waiting list in case the
The session is fully booked.
A notification is sent to you by email once you are confirmed at the session. You are confirmed at the session if (i) you booked, or if (ii) after registration on the waitlist a space becomes available for you.
Booked sessions are valid until 5 minutes before the session starts.
Clients that booked a session must do the check-in at the front desk by then.
After those 5 minutes, your booking will be cancelled, and any spots left will be offered to members who have been added to the waitlist or are waiting at the front desk.
3.2. Cancellation policy
Cancellation method.
If the Client can’t attend a session for which he/she booked space or has been added to the waitlist, the Client must cancel the booking in due time to make the space available to other clients. Cancellations must be made via the Website or Application within a maximum of one (1) hour before a session. Cancellations will not be accepted via phone or email.
Cancelled classes are refunded as credits on the client’s account - no cash refund for cancelled classes will be given.
The Loft Group insists that being on a waiting list for a session is like a commitment to joining that session.
If the Client is waiting for a mat but has changed his/her plans in the meantime or can’t make it to the session, the Client must promptly remove himself/herself from the waitlist.
Impact of the failure to cancel in due time.
The Loft Group account status of the Client will be marked with a “Late Cancel” if the Client fails to cancel in due time or a “no show” if the Client fails to cancel.
Any class pass will be automatically deduced as one class pass.
Memberships
Late cancellations for membership holders will have 75% of the price of a drop-in class pass applied to their next membership payment.
3.3. Studio(s) rules
Sessions delivery.
As announced, the Loft Group makes every possible effort to deliver sessions and services on time. However, the schedule is subject to change or cancellation, with notice when possible. The Loft Group will refund, transfer or offer compensation for sessions that are changed or cancelled for any reason.
Studio access. The studio opens 15 minutes before sessions and closes 30 minutes after sessions.
To respect each other’s practice, no late entry is permitted and leaving sessions early is strongly discouraged. The Loft Group reserves the right to refuse entry to the studio(s).
Studio security. The Loft Group is not responsible for any loss, damage or theft of personal property within the studio(s).
3.4. Suspension Policy
Client’s right to suspend their membership.
All Clients (except beginner package members) have the right to suspend their membership without any suspension fee due in line with the terms and conditions of their specific membership package.
Requests for suspension must be made via info@brusselsyogaloft.com with a 5-day notice period before the start of the suspension.
For Medical Suspensions, the doctor’s note must be submitted a maximum of 10 days after the start date of the suspension.
The Loft Group’s right to suspend its obligations. If the Client fails to comply with its obligations under the agreement - including these TS and the Terms of Use - The Loft Group will be entitled to suspend its obligations without this constituting a cancellation of the agreement.
When the Client has executed its obligations, The Loft Group will remain free to proceed with the execution of its contractual obligations without prejudice to any changes of prices and terms induced by this suspension.
Moreover, in case of total or partial persistence of the deficiencies for a period of fifteen (15) days after the notice, The Loft Group will be regarded as legally dissolved from any of its obligations to the prejudice of the Client.
3.5 Pass extension policy
Class passes need to be consumed within their relevant validity period, and it is the client's responsibility to ensure that they take notice of the validity of their pass.
To be fair to clients who respect the validity of their passes, we do not accept extension requests due to forgetfulness, holidays, moving away from the studios or life issues.
We do accept requests for Medical suspensions.
Requests for Medical extension must be made via info@brusselsyogaloft.com.
For Medical Suspensions, the doctor’s note must be submitted a maximum of 10 days after the start date of the extension.
4. The Loft Group’s rights and liabilities
4.1. Intellectual property
Without prejudice to the Terms of Use of the Website and the Application, the Client acknowledges that The Loft Group, or any company aligned with The Loft Group, remains the exclusive owner of all intellectual property rights concerning all elements of the Website and the Application, and the services (this includes sessions, workshops, and any other activity organized by The Loft Group). Furthermore, The Loft Group remains the sole owner of the name, trade mark and logo used to sell the products and provide the services, whether online or offline.
4.2. Waiver and liability
The Loft Group makes every effort to provide the services according to the rules of art and the highest level of professionalism (obligation of means). The Loft Group cannot be held liable for any damage or theft inside or outside the premises/the studios.
The Loft Group shall not be liable for any material, immaterial or corporeal damage caused by a third party. The Loft Group cannot be held liable for indirect consequential damages, including (but not limited to) loss of profits, loss of revenue, production limitations, administrative or personnel costs, loss of customers or claims by third parties.
The Client is only entitled to hold The Loft Group liable for damage resulting from The Loft Group's intentional or grossly negligent breach of the Agreement, in the event of fraud or willful misconduct by The Loft Group or personal injury or death caused by The Loft Group. This waiver does not affect the statutory rights of the consumer.
The Loft Group is not liable for technical problems that impact the communication of information through its Website or Application. The Loft Group is not liable to the Client for any modification, interruption, defect or termination of its Website or Application. Nor is The Loft Group liable for websites referenced on its Website or Application. For the general use of the Website, we refer to the Terms of Use of the Website.
4.3. Personal data
Data accuracy. Every member ensures that the details provided on registration or at any time at The Loft Group are correct and complete.
Processing of personal data. The Loft Group processes and stores the personal data of the Client in accordance with the General Data Protection Regulation (EU Regulation 2016/679 of 27 April 2016) and all other applicable data protection legislation such as the Belgian Act of 30 July 2018 regarding the protection of natural persons in relation to the processing of personal data (“Applicable Data Protection Laws”), and as further detailed The Loft Group’s Privacy Policy. The Client can ask any questions related to the processing of personal data using the Contact Us form, or by sending an e-mail to the following address: privacy@mind-collective.com.
4.4. Force Majeure
Neither The Loft Group nor the Client is liable for any delay or failure in performance of the Agreement if it is due to force majeure. Force majeure shall be deemed to be what is generally considered by the case law of Belgian courts in this respect, and in particular, any event beyond the express will of the parties which prevent the normal execution of the TS, including a total or partial strike within or outside the company, lock-outs, exceptional weather conditions, epidemics, blocking distribution or stocking for any reason, earthquake, fire, storm, flood, water damage, freezing of computer systems or telecommunication, theft, pandemic, etc.
The party invoking force majeure shall notify the other party thereof and shall take all reasonable steps to overcome the temporary force majeure situation.
Should the situation causing the force majeure lasts for a period of more than ninety (90) days, each party has the right to terminate the Agreement without any form of compensation payable to the other party.
4.5. Assignment
In the framework of providing products and/or services to the Client, The Loft Group is entitled to enter into agreements with subcontractors (among other the teachers) for delivery hereof without the prior consent of the Client. The Loft Group can assign the Agreement or any part thereof to any person, firm or company.
All sales (including membership subscriptions and passes) are nominative and non- transferrable. They thus may not be shared. Anyone breaching this article will be denied entry and forfeit their membership permanently.
4.6. Insurances
Annual civil responsibility insurance covers the civil liability that may incur, on the basis of Belgian or foreign laws and regulations applicable in this matter to participants as a result of bodily injury and/or material damage caused to third parties during the course of the exclusion of any other type of liability.
We advise participants to take out additional “individual accident” type insurance with their insurer. Each participant or parent(s) or legal guardian will ensure their general physical condition before registering.
5. Miscellaneous
Failure or delay by The Loft Group in enforcing or partially enforcing any provision of the TS shall not be construed as a waiver of any of its rights under the TS, now or in the future.
If at any time any provision of these TS are in any way illegal, invalid or unenforceable, or would become so under applicable law, this will affect neither the legality nor the validity or enforceability of the remaining provisions of these TS and the Agreement, nor damage these in any way. The Loft Group and the Client shall make all reasonable efforts and take all necessary measures to replace any illegal, invalid or unenforceable provision of these TS by a lawful, valid and enforceable provision having substantially the same economic scope for the parties and, to the extent permitted by law, contain the original intention.
The original version of these TS is written in English.
In case of dispute, these TS shall be construed and interpreted according to the text and spirit of the English version.
6. Applicable law – jurisdiction
These TS are governed by Belgian law.
Both parties undertake to first seek an amicable solution in case of any discussions or disputes regarding the application or interpretation of these TS before starting any legal proceedings.
The competent courts for disputes regarding these TS will be the courts of Brussels, French-speaking section unless otherwise imposed by mandatory statutory provisions.