These general terms and conditions of sale apply to all commercial transactions relating to the services and products sold by Start To Sleep BVBA.
1. General
1.1 In these general terms and conditions of sale (“general terms and conditions”), Start To Sleep means: the website(s) of Start To Sleep, www.starttosleep.be and
Start To Sleep BVBA, with registered office at Wegvoerenstraat 40, 3500 Hasselt and with company number BE 0717.607.285.
1.2 In the general terms and conditions, client (“Client”) means:
Any natural or legal person, commercially capable, who purchases or orders a product from Start To Sleep.
1.3 In the general terms and conditions, order (“Order”) means:
The request by the client to conclude a sales agreement between Start To Sleep BVBA
1.4 In the general terms and conditions, service (“Service”) means:
online sleep coaching or (sleep) workshops from Start To Sleep BVBA
1.5 In the general terms and conditions, product (“Product”) means:
Books, light glasses, light boxes
1.6 In the terms and conditions, transaction (“Transaction”) means:
The entirety of the actions, security obligations, authorization processes and agreements inherent in the payment of products or services ordered via credit card or any other means of virtual transaction provided by Start To Sleep.
1.7 In the general terms and conditions, participant (“Participant”) means: Participant who participates in the (sleep) workshops or online sleep coaching of Start To Sleep.
2. Acceptance of the Terms
2.1 The client acknowledges that he has taken note of these general terms and conditions of sale and declares to accept them unconditionally by placing an order or service. The validation of the product or service order constitutes acceptance of the general terms and conditions of sale.
3. Order
3.1 All the information provided by the client and the validation by means of signature or payment binds him. Start To Sleep can in no way be held responsible for errors committed by the client while entering medical or destination data (delivery address, billing address included) such as delays in delivery or the inability to deliver the ordered products.
3.2 After receipt of the order request, Start To Sleep confirms to the client that the order has been accepted by sending a confirmation to the e-mail address provided by the client when registering his order. The sale will not be concluded until the dispatch or confirmation of the order.
3.3 In general and without further explanation being required, Start To Sleep reserves the right to refuse or cancel any order, including in the event of payment problems with the concerned order or a dispute regarding the payment of a previous order.
3.4 If the ordered product is not in stock or not immediately in stock, Start To Sleep will inform the client by e-mail about the delay in delivery. If the client does not agree with the delay, he can change or cancel his order.
3.5 Only competent persons under Belgian law can place an order.
4. Delivery and execution
4.1 After order and validation of the order by Start To Sleep, Start To Sleep undertakes to send the ordered products to the clients at the specified delivery address within a delivery period of 2 weeks, unless otherwise agreed. Terms of services to be performed by Start To Sleep must be agreed in advance in consultation between the Client and Start To Sleep. Start To Sleep will make every effort to perform its services as accurately as possible, but Start To Sleep is not liable if delivery times for services are exceeded.
4.2 If Start To Sleep cannot comply with the delivery period of 2 weeks for products, the customer has the right to return his order to Start To Sleep and to change or cancel it.
4.3 By placing an order for product or service, the client undertakes to arrange receipt of goods, all taxes, duties and other current and future costs due to the title of delivery of the ordered goods. The joint liability of Start To Sleep cannot play a role in that respect.
4.4 Delivery is made by a company chosen by Start To Sleep and is possible for Europe. Outside Belgium, a shipping cost will be charged for the shipment of products, which will be communicated to the client in advance and determined in all reasonableness by Start To Sleep.
4.5 Upon receipt of the ordered goods, the client or the consignee must carefully check the good condition of the delivered product and take note of the conditions of use and instructions that have been provided to him. In the hypothesis that one or more ordered products are defective or damaged. It is recommended that the customer or recipient immediately informs us of this at the time of delivery of the product by contacting us at [email protected]
4.6 If a package is not received despite the various passages of the carrier, it will be returned to Start To Sleep BVBA and the recipient will be notified by e-mail. An additional delivery can be requested by the client and the client will bear the costs thereof, even if the first shipment was carried out free of charge.
4.7 Start To Sleep undertakes to provide personal advice to individual users during the 6-week online sleep coaching, but is not obliged to provide personal advice.
5. Complaints
5.1 In order to avoid the risk of infringement of the rights of the consumer, it is recommended that claims relating to a visible and/or qualitative defect of an article or the lack thereof upon delivery, are reported to Start To as soon as possible. sleep. This should be done clearly and comprehensively. It is recommended to report any complaint via [email protected], by telephone or by letter.
5.2 Complaints submitted to Start To Sleep will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Start To Sleep will answer within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.
6. Refunds applicable when purchasing products or services
6.1 In accordance with the legislation in force on distance selling (law of 21 December 2013), the Client has the right to withdraw from his purchase without penalty and without stating reasons:
– The right of withdrawal applies to all products before or after the parcel has been dispatched by Start To Sleep. In the event of withdrawal, the Client bears the costs for any return to Start To Sleep BVBA. To submit the request for revocation, it is sufficient that the customer sends an e-mail within 7 days of purchasing the product or service to [email protected], Start To Sleep will answer this question within 7 days. The Client has seven calendar days from receipt of the ordered goods to return them to Start To Sleep BVBA for exchange or refund. Returning the delivered products is entirely at the expense and risk of the Client. In order to obtain the refund or exchange, the customer must (in accordance with Art. VI.51 § 1.) return the new products under his responsibility to the following address: Start To Sleep BVBA, Wegvoerenstraat 40, 3500 Hasselt (Belgium). Goods must be returned in the original packaging, in new condition and including accessories such as, for example, changes to use, cables, chargers, etc., documented with the proof of purchase.
6.2 If the goods have been returned to Start To Sleep under the correct conditions and within the correct time, Start To Sleep undertakes to reimburse the client’s payments and this at no cost. The shipping costs for returning the products will not be refunded by Start To Sleep (unless the error is attributable to Start To Sleep). The refund will be made within 14 days of receipt of the returned goods.
6.3 The client cannot exercise the right of withdrawal for:
– Online sleep coaching or online sleep therapy
6.4 If the online sleep coaching does not go according to the expectations that the participant could reasonably have on the basis of the agreement, the participant is not entitled to a refund.
7. Price
7.1 The price stated with the product on the website www.starttosleep.be is the final price expressing all associated costs and including VAT. That price includes the price of the goods, the handling costs, costs of packaging and storage of the products and the transport costs.
7.2 Prices stated on quotations between Start To Sleep and companies are exclusive of VAT (21%).
7.3 Start To Sleep reserves the right to change the price at any time, the products and services are invoiced on the basis of quotations and rates in effect at the time of registration of the order for the product or service.
8. Billing and Payment
8.1 The price of the services and products displayed on the Start To Sleep website is payable by credit card or any other means of virtual transaction provided by the website.
8.2 Orders for products and services placed by companies must always be paid by transfer to Start To Sleep, no later than 30 days after receipt, unless otherwise agreed and stated on the quotation.
8.3 In the event of non-payment of the invoices within the set term, from the due date, a default interest of 1% per month on the unpaid invoice amount will be owed by operation of law and without prior notice of default. A fixed compensation is also due by operation of law and without prior notice of default amounting to 10% of the invoice amount still owed, with a minimum of 50 euros, without prejudice to Start To Sleep’s right to claim a higher compensation, subject to proof of higher damage actually suffered. . All costs associated with a judicial recovery, including attorneys’ fees, will, if necessary, be fully recovered from the Client. In addition, all other outstanding claims against the Client become due by operation of law and without prior notice of default. In that case, Start To Sleep also reserves the right to suspend the execution of all current orders, without prior notice of default and without compensation.
8.4 Complaints about invoices must be sent to Start To Sleep by registered letter within eight (8) days after the date of dispatch of the invoices. The payment term is not suspended as a result of such a complaint. After expiry of the stated term of eight (8) days, the Client has forfeited his rights in this regard. The Client shall make the payments owed to Start To Sleep without suspension, discount or compensation, except for set-off against the deductible advances relating to the agreement, which the Client has provided to Start To Sleep.
9. Changes, cancellations, duration and termination of the agreement applicable to workshops
9.1 The general sales conditions of Start To Sleep apply when recording or booking workshop(s) on site at the client.
9.2 Agreements for workshop(s) are definitively accepted after receipt of the advance stated in the offer, which client pays in full no later than 30 days before the start of the workshop. Start To Sleep can suspend the workshop(s) if the client does not comply with this obligation, Start To Sleep cannot be held liable for this suspension for damage suffered on the part of the client.
9.3 Changes and cancellations must be communicated by the client to Start To Sleep no later than 30 days before the start of the workshop(s) via e-mail: [email protected], Start To Sleep is not obliged to accept them.
9.4 After accepting the offer, the client can only make changes to the date and time of the commencement with the explicit approval of this change by Start To Sleep via e-mail. Start To Sleep is not obliged to accept changes from the client and has the right to suspend workshop(s) if changes are not feasible. Start To Sleep and its employees cannot be held liable for damage arising from this on the side of the client.
9.5 If the client is unable to meet his obligations resulting in the cancellation of workshop(s), Start To Sleep is entitled to invoice the damage incurred on the part of Start To Sleep to the client: twenty-nine (29) days to twenty (20) days in advance: 20%, nineteen (19) to ten (10) days in advance: 50%, nine (9) to five (5) days in advance: 70%, four (4) to one (1) day in advance or the day itself : 80%.
10. Changes, cancellations, duration and termination of the agreement applicable to online sleep coaching(s)
10.1 Canceling or pausing online sleep coaching is not possible if the participant has confirmed and paid for his participation via www.starttosleep.be. If the participant does not wish to follow the online sleep coaching immediately but to continue at a later time, he must inform Start To Sleep at the latest on day 3 of the online sleep coaching. From day 3 of the online sleep coaching, Start To Sleep is in no way tied to any compensation.
10.2 Start To Sleep is an online program of 6 weeks. Start To Sleep reserves the right to disable Start To Sleep online user accounts for any reason after a period of 6 weeks.
11. Suspension and exclusion from online sleep coaching(s)
11.1 Start To Sleep BVBA reserves the right to suspend the online sleep coaching or to exclude a participant in the event of improper use of the online sleep coaching when copying and/or passing on login details to third parties. The resulting damage is for the account of the client.
12. Liability
12.1 Start To Sleep and their employees can in no case and in no way be held liable for damage of all kinds that may result from improper use of the services or products.
12.2 The liability of Start To Sleep and their employees can also not be withheld for possible changes to products made by manufacturers.
12.3 The liability of Start To Sleep and their employees will in any case be limited to the amount of the order and cannot be called into question for minor errors or omissions that could have persisted despite the precautions taken in the presentation of the goods or delivery of services. Including the photos presented on the site or in brochures are provided for exemplary purposes only. Under no circumstances can a modification of the packaging or of the content of a good be invoked in case of deviation from the photo available on the site. The client undertakes to carefully read all information about the product or service.
12.4 The website of Start To Sleep contains links to external internet sites. Neither Start To Sleep nor its employees can be held liable for current or future content on these sites, nor for content from external sites that have a link with Start To Sleep.
12.5 Start To Sleep cannot be held liable for incorrect data, conditions or prices stated on the various communication channels, both online and offline, of partners or customers.
12.6 Neither Start To Sleep nor their employees can under any circumstances be held liable for technical failures, server errors, server crashes and relatives for the online sleep coaching.
13. Warranty
13.1 All products purchased from Start To Sleep benefit from the legal guarantee arising from articles 1649bis et.seq. of the Civil Code, provided that the customer was not aware of the defect or is not deemed to be aware of it at the time of purchase of the product and this insofar as the defect occurs within two years after delivery, for a lack of conformity at the time of delivery of the product. The client must inform Start To Sleep in writing of his intention to invoke the legal guarantee, at the latest within fourteen days from the day on which he established the defect, documented with the proof of purchase. The return costs of the non-conforming product will be borne by the client. The customer shall bear all risks associated with the loss of the product for the entire duration of the return operation. The return costs will be credited in the form of money deposited into the client’s account.
13.2 Under no circumstances can Start To Sleep be held responsible for non-compliance with laws and regulations in force in the host country. Any liability of Start To Sleep is exclusively limited to the value of the product in question, determined according to the date of sale.
14. Personal data
14.1 The collection of personal data for the purpose of distance selling is mandatory. This information is essential for processing and sending orders. The lack of information leads to the non-validation of the order.
14.2 Start To Sleep is subject to the Personal Records Act and undertakes never to give the details of their clients to third parties, we refer you to our Privacy Policy.
14.4 The client has the option to inspect his personal data and to correct or delete it by submitting a request via [email protected].
15. Intellectual Property and Duplication
15.1 The use of texts, page listings, illustrations, photos, videos, listening exercises, data documents and other substantive and illustrative elements on the website of Start To Sleep are protected by copyright and in general by the principles of intellectual property law. The content produced by Start To Sleep and displayed on the website(s) of Start To Sleep may not be copied, placed in apps, not changed and nothing may be published in any form, except with express prior notice. written permission from Start To Sleep by letter or e-mail. It is possible that the website(s) contains texts, illustrations and other elements that are protected by the copyrights of third parties. Under no circumstances does Start To Sleep give permission in any way to use their intellectual property or that of third parties.
15.2 For copyright infringements, damages are determined according to the Sofam rate.
15.3 It is not permitted to record the workshop(s) in full without the express permission of Start To Sleep. All audio or video recordings must be reported and discussed before the start of the workshop(s), the speaker may refuse them if he deems this necessary.
15.4 It is not permitted to reproduce or distribute slides or powerpoints in any form whatsoever without the express permission of Start To Sleep.
16. Applicable Law in Disputes.
16.1 Start To Sleep undertakes to maintain a good relationship with its clients, if difficulties arise during the execution of an agreement, the client and Start To Sleep undertake, before taking legal action, to investigate the possibility of to reach an amicable settlement. If this does not provide a solution, all agreements to which these general terms and conditions of sale apply, as well as all other agreements resulting therefrom, are exclusively governed by Belgian law. All disputes between the parties regarding agreements that are subject to these general terms and conditions of sale fall exclusively within the jurisdiction of the courts of the district of Antwerp, Hasselt division.
16.2 If one or more provisions of these general terms and conditions of sale are or become void or voidable, the other provisions shall remain in full force and effect. The parties undertake to replace a void or voided provision with a provision that is legally valid and that deviates as little as possible from the void or voided provision.