1.1. These general terms and conditions apply to every agreement that is signed/entered into for Anna Salalaika with its registered office inMolenstraat 38A, 9940 Ertvelde , Belgium, company registration number BE0768705303, trading under the name “The Beauty Library” and hereinafter referred to as the ‘the provider”. These general terms and conditions therefore apply to any service and/or performance offered by the provider, as well on the invoices. The general terms and conditions are applicable regardless of the capacity of the contracting partner.
1.2. The provider offers information, training, workshops,…. and courses related to make-up and/or the “Beauty Industry” in the broad sense and this by granting access (whether or not part of) to the platform and its contents and against payment by the visitor of the platform (hereinafter referred to as “the client”) to the provider.
1.3. By purchasing the performance of service offered by the provider via the platform, the client agrees to the application of these general terms and conditions, to the exclusion of all other conditions.
2. ACCESS TO THE PLATFORM/PRICES AND PAYMENT
2.1. The minimum age to have access to the platform is 16 years. The access to the platform is personal. The content of the platform that is accessed may under no circumstances be shared with third parties.
2.2. All prices or compensations are expressed in euros, and include VAT. The services and performances purchased through the platform will be paid immediately through the platform. An invoice can always be obtained afterwards on request.
2.3. Payment can also be made by bank transfer upon explicit request and only after approval of the provider after receipt of the invoice. This invoice must be paid within 14 days. As soon as the provider receives the payment, the login will be transferred to the client.
2.4. In the event of non-payment of the invoice on its due date, the amount will automatically and without notice of default be increased by the default interest determined in accordance with article 5 of the Law of 2 August 2002 regarding the combat of late payments in commercial transactions and with 10 % as a lump sum compensation for the extrajudicial collection costs and contractual damage with a minimum of 25,00 EUR. The same interest and fixed compensation will be owed by the provider if the latter should fail to pay the co-contracting client in a timely manner (where appropriate back).
2.5. The client obtains temporary access to (a part of) the platform and the chosen content, after prior payment of the related fee and this by receipt (after payment) of a login which grants access to the chosen content and this for the chosen duration.
2.6. The duration of the access to the chosen content of the platform starts at the moment of sending the login by the provider to the client and this to the email address provided by the client. Any temporary (short-term) problems with the accessibility of (the content) of the platform), due to technical issues of updates or maintenance, cannot give rise to any compensation, refund or extension.
3.1. The agreement between the provider and the client, which is established at the time of the purchase of the performance or service offered by the provider via the platform, can be revoked by the client (customer) in accordance with the article VI.47 and following WER. This provides for a right of withdrawal that can be exercised within 14 calendar days and this by means of a written notification (for example by email), in which the client clearly and irrevocably states that he wishes to withdraw from the agreement. The notification of the decision to revoke must reach the provider within the aforementioned period of 14 calendar days. Any refund of fees paid will be made by the provider within a reasonable period of time.
3.2. Upon receipt and use by the client of the login giving access to the requested/ordered content on the platform, the client accepts the delivery of the performance or service and agrees that the agreement has been performed and complied with and the client waives the right of withdrawal.
3.3. When choosing a performance or service that extends over a longer period, whether or not in a subscription formula offered, the agreement cannot be terminated earlier by the client. A cancellation/termination during the course of the agreement cannot give rise to or open the right to any refund.
3.4. The provider is allowed to terminate the performance or service immediately and without prior notice if the client fails – in accordance with these general terms and conditions – to comply with his/her obligations, or in case of abuse. The client cannot claim any compensation in this regard.
4.1. The obligations of the provider are best efforts obligations and not obligations of result.
4.2. The provider is not liable for non-compliance with the obligations in case of force majeure. The provider is not liable for damage due to intrusion or hacking of the platform.
4.3. The advice and guidelines, which are given by the provider, also via the content of the platform, are provided on the basis of generally known and current data. The provider can in no way be liable for providing advice that is inappropriate for the client or for any damage that would result from this.
4.4. The client makes use of the content offered on the platform at its own risk, whereby the client will take into account his/her concrete situation, the presence of any allergies, medical diseases, …. The provider, who has no knowledge whatsoever in the matter, bears no responsibility whatsoever and the risk lies entirely with the client
4.5. Any liability on the part of the provider is in any case limited to the amount (excluding VAT) charged for the agreement that was concluded. Moreover, the provider can only be held liable for direct damage resulting from the serious mistake and/or intent on its part.
5. INTELLECTUAL RIGHTS
5.1. By accepting the general terms and conditions, the client acknowledges that the content of the platform, consisting of all data, information, video and images material,…..remains the property of the provider, who has the necessary intellectual rights and permissions for use in this regard.
5.2. The client is not allowed to share, reproduce, copy of further distribute, publish or use the content of the platform for commercial purposes.
5.3. The provider grants to the client a limited, personal and non-transferable, non-exclusive right to use the chosen content of the platform for personal purposes and this under the conditions as included in these general terms and conditions and for the duration of the agreement.
6.1. Parties expressly declare that the possible nullity or unenforceability of a provision of these general terms and conditions in no way affects the validity and enforceability of the other provisions of these general terms and conditions. Furthermore, the parties declare that the invalid or unenforceable provision will be replaced by a valid provision, that is closest to the will of the parties as it existed at the time of acceptance of the general terms and conditions.
7. PERSONAL INFORMATION
7.1. The personal information is intended solely for internal use and communication with the client. The co-contracting party has the right to inspect and rectify as provided for in the applicable legislation.
8.1. All contracts are subject to Belgian law. The place of delivery is deemed to be registered office of the provider.
8.2. Parties expressly agree, in the event of a conflict, to submit this to the courts in Belgium, located in the judicial district of Ghent (division Ghent)