ENVOLVE’S GENERAL SALES TERMS AND CONDITIONS.
TERMS & CONDITIONS
1. Application and opposability
The present Terms of Sale (hereinafter: “TS”) govern the relationship between ENVOLVE SRL, a company incorporated and existing under the laws of Belgium, with registered office at Cours Saint Michel 97 Boite 6, 1040 Etterbeek, listed in the Belgian Trade and Companies Register under n° 0779.297.505, (hereinafter “ENVOLVE ”) and its clients (hereinafter: “Clients”).
By purchasing any product or service of ENVOLVE, the Client explicitly confirms to have read and accepted the TS without any reservation. ENVOLVE reserves the right to modify these TS at any time, without any prior warning, in order 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 at the time when he or she enters into an agreement with ENVOLVE.
If you should have any questions or complaints concerning the present TS, please contact ENVOLVE at the following address email@example.com
2. Purchasing ENVOLVE’s products and services
Purchasing products or services. ENVOLVE offers the possibility to purchase any products or services offered on the website www.envolve-gym.com (the “Website”), via bank transfer to ENVOLVE or at the front desk of ENVOLVE Gym.
Pricing options and formulas. ENVOLVE offers different pricing options and packages (drop-in, sessions pass, membership subscriptions). The different formulas are accessible on ENVOLVE’s website under the “Pricing” section:
- “drop-in” sessions grant access to a single session. They are valid for one specific session and cannot be refunded if unattended.
- “membership subscription” grants access either to 5, 10 or unlimited number of sessions per week. There is an annual option (12 month commitment) or a flex option (option to terminate 10 days before end of each 3 months period). They involve periodic payment and cannot be shared.
- “pay as you go” packs grants access to a limited number of sessions. Their use is limited in time and cannot be shared.
- “Live coaching” grants access to a limited number of personal training session either online or live. Live coaching can also be held for two persons (“duo”)
- “Workshops” grants access to a 2 hour seminar on an area of expertise of ENVOLVE. They are valid for one session and cannot be refunded if unattended.
- Any purchase gives you access to sessions in our gym, but excludes workshops or other special events.
- The activation date of your membership is the date of the purchase, when the payment is made, or at a later date upon request of the client and upon approval of ENVOLVE.
- Promotional offers can be subject to specific terms.
- In addition, ENVOLVE may offer tailor-made solutions for which pricing will not be available on ENVOLVE’s website but will directly be communicated by ENVOLVE to the client.
All purchases are definitive. ENVOLVE does not offer refunds on services or products for change of mind, injury, illness, change of address or any other reason. ENVOLVE however grants a suspension right subject to conditions set forth in article 3.4.
Fee increases. Fees may increase. Increase in fees applies to new passes or drop-in sessions only. With respect to the membership subscriptions, changes in fees shall only apply as from their automatic renewal, except as specifically stated otherwise in writing by ENVOLVE.
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 ENVOLVE online booking system and to attend regular sessions, you must be over sixteen (16) years of age. Clients under sixteen years of age may only participate in dedicated sessions.
3. Conclusion of an agreement
Steps to conclude an agreement online. When it comes to online sales, each online purchase by the Client is wholly binding on the Client, but the sale is only final when a confirmation has been sent by ENVOLVE via e-mail. We advise you to save this confirmation e-mail. ENVOLVE reserves the right to refuse each sale without stating any reasons. After receiving the e-mail, an agreement (hereinafter the “Agreement”) is established between ENVOLVE and the Client.
Steps to conclude an agreement at the studio. The same applies as above, payment may be made at the studio or via bank transfer. The sale is final when a confirmation email or receipt has been sent by ENVOLVE.
4. Price and payment
Applicable price. The prices are indicated in euro (EUR), and include VAT. The prices are the prices applicable on the day of the offer, on the Website or in the studio, depending on whether it is an online or an offline sale.
Online sales. Regarding online sales, ENVOLVE will undertake the utmost effort to ensure that the payments will proceed as efficiently and safe as possible. To ensure this, ENVOLVE relies on the safe and reliable services of Fitogram.
Payment timing. The Client will pay the price when buying the products or services, unless specifically otherwise mentioned in writing. In case ENVOLVE and the Client explicitly agree that payment will not be performed at the time of the sale, the Client will receive further information from ENVOLVE concerning the timing and modalities of payment. The Client shall fulfill the requirements which he or she shall be informed in order to fulfill his/her payment obligation. In any event, payment for all sessions, workshops and events must be received prior to 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, …). Regarding offline sales, the Client will perform his or her payment obligation by means of the payment methods indicated at the studio (such as for example Visa, Mastercard, Maestro).
Formulas involving periodical payments. Some of the formulas offered by ENVOLVE (such as annual or flex memberships) require payments to be made on a regular basis. In order to ensure that the Client does not experience any interruption, its subscription shall be renewed automatically on their expiration date unless terminated by written notice 10 days prior to expiration thereof. 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 confirmation receipt has been sent by ENVOLVE to the Client[RL1] . 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 be made by credit or debit card or via bank transfer standing order on the dates predetermined and under the conditions stipulated in these TS.
Difficulties to process the periodical payments. It is the responsibility of the Client to ensure there are sufficient funds available to cover the payment. If a payment is declined due to insufficient funds, the transaction will fail ENVOLVE reserves the right to suspend the Client’s membership or to prohibit the Client from attending sessions until the unpaid participations or negative balance are settled. In case of failed payment the client will cover the administrative costs incurred by ENVOLVE of 5 EUR. ENVOLVE 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 or late payment or any other problem relating to the payment, the entirety of the payments owed to ENVOLVE shall become immediately due and payable by operation of law. This amount will be increased by operation of law with yearly interests of three percent (3%) of the originally owed amount.
Incorrect price. Regarding online sales, ENVOLVE 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 ENVOLVE discovers this error in pricing in the goods ordered by the Client, ENVOLVE will inform the Client thereof and offer to continue the sale at the correct price or allow the Client to cancel the sale. ENVOLVE will not process the order of the Client until ENVOLVE receives instructions from the Client. If ENVOLVE is incapable of contacting the Client via the contact information provided by the Client when placing the order, ENVOLVE will consider the order to be cancelled and ENVOLVE will inform the Client in written form.
5. 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 term of withdrawal 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 ENVOLVE about his or her intention to withdraw from the Agreement by means of an unambiguous statement (e.g. a registered letter with recorded delivery) in this regard. 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, ENVOLVE shall reimburse the Client all payments received without undue delay and in any event not later than fourteen (14) days from the day on which ENVOLVE is informed about the decision of the Client to withdraw from this Agreement. ENVOLVE 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; in any event, the Client will not incur any fees as a result of such reimbursement.
Exceptions to the withdrawal right. The Client can, as set forth 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 fully 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 clearly personalised.
6. Attending the sessions
Sessions should be booked in advance. Spots are available for online booking and it is possible to register through the Website.
- “Reserve” “Book” “Join this class” allow you to book a spot.
- “Add to Waiting list” allows you to put your name on the waiting list in case 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 a spot, or if (ii) after registration on the waitlist a spot becomes available for you.
Booked sessions are valid until 5 minutes before the session starts. Clients that booked a session are required to do the check-in at the front-desk by then. After those 5 minutes, your booking will be cancelled, and any spot left will be offered to members that have been added to the waitlist, or that are waiting at the front-desk.
2. Cancellation policy
Cancellation method. If the Client can’t attend a session for which he/she booked a spot or has been added to the waitlist, the Client must cancel the booking in due time in order to make the spot available to other clients. Cancellations must be made via the Website or Application within maximum 4 hours before a session. Cancellations will not be accepted via phone or email.
ENVOLVE 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 spot but has changed his/her plans in the meantime or can’t make it to the session, the Client must remove himself/herself from the waitlist in a timely manner.
Impact of the failure to cancel in due time. The ENVOLVE account status of the Client will be marked with a “Late Cancel” if the Client fails to cancel in due time, or “no show” if the Client fails to cancel. Late Cancels and No Shows credits will not be reimbursed and are not subject to a refund.
In case of unlimited memberships, if the client has a Late Cancel or a No Show, he will get a first, second and third (final) warning. At the third Late Cancel or No Show, the clients account will be blocked for 72h, resulting in no booking possibilities.
7. Gym rules
Schedule. Every possible effort is made by ENVOLVE to deliver sessions and services on time as announced. However, the schedule is subject to change or cancellation, with notice when possible. ENVOLVE will refund, transfer or offer compensation of any kind for sessions that are changed or cancelled for any reason. ENVOLVE reserves the right to cancel a class that has been scheduled or to change the ENVOLVE trainer mentioned in the schedule. In this case there will be no refund of any package. ENVOLVE is nearly always open but reserves the right to close its doors on public holidays or on other days.
Access. The studio opens 30 minutes before sessions and closes 30 minutes after sessions. In order to respect each other’s practice, no late entry is permitted and leaving session early is strongly discouraged. ENVOLVE reserves the right to refuse entry to the studio.
Security. ENVOLVE is not responsible for any loss, damage or theft of personal property within the studio.
Code of Conduct: The Client shall respect the behavioral and operating principles on all occasions. This includes, but is not limited to:
• Wearing appropriate and clean clothes and indoor shoes.
• Using a towel at every class and leaving machines, tools and surfaces clean after usage.
• Putting equipment away after the work out
• Behaving in a friendly and respectful manner towards the other members in the gym as well as the staff.
8. Suspension Policy
Client’s right to suspend their membership. Clients with annual or 10 session memberships valid for 1 year or 6 months respectively have the right to suspend their membership without any suspension fee being due under the following conditions:
- The suspension can be requested once every calendar year maximum and for a medical reason only.
- The suspension has to be taken in one go.
- The suspension can be applied for any Medical reason. Medical suspensions will fall under this policy (hereinafter “Medical Suspensions”).
- The Medical suspension request must mention a start and an end date. The suspension must be of minimum of 2 weeks and maximum 3 months upon submission of an official doctor’s note.
- Requests for suspension must be made via firstname.lastname@example.org with a 10-day notice period before the start of the suspension. For Medical Suspensions, the doctor’s note must be submitted maximum 10 days after the start date of the suspension.
- The suspension shifts the duration of the subscription in proportion to the duration of the suspension. No refunds are possible in the case of fixed-term suspension
ENVOLVE’s right to suspend its obligations. In case the Client fails to comply with its obligations under the agreement, ENVOLVE will be entitled to suspend its obligations without this constituting a cancellation of the agreement. When the Client has executed its obligations, ENVOLVE 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, ENVOLVE will be regarded as legally dissolved from any of its obligations to the prejudice of the Client.
9. Membership Cancellation
If a member wishes to cancel their membership before the end of their minimum term, e.g. for annual membership, before the end of 1 year, or for Flex membership, before the end of 3 month period, we would require written/email notice 10 days before the end of the month and payment of a suspension fee. The suspension fee would represent e.g. for annual membership, 3 months membership fee, or for flex membership, 1 month membership fee.
If a member wishes to stop their 3 month flex membership after a block of 3 months (e.g. after month 3 or 6 or 9) they should give written or email notice of 10 days before the end of the 3 month block indicating their desire to end their membership. For example during month 6 of their membership they should email 10 days before the end of the 6th month to stop. If however they want to stop during month 4 they should send written/email notice of their desire to suspend 10 days before the end of the month and they will be required to pay a penalty of 1 month of membership.
If a member wishes to stop their annual membership after the first 1 year period is completed, they should give written or email notice of 30 days indicating their desire to end their membership.
10. ENVOLVE’s rights and liabilities
1. Intellectual property
The Client acknowledges that ENVOLVE, or any company aligned with ENVOLVE, remains the exclusive owner of all intellectual property rights concerning all elements of the Website, and the services (this includes sessions, workshops, and any other activity organized by ENVOLVE). Furthermore, ENVOLVE remains the sole owner of the name, trade mark and logo used to sell the products and provide the services, whether online or offline.
2. Waiver and liability
ENVOLVE undertakes to make every effort to provide the services according to the rules of art and the highest level of professionalism (obligation of means). ENVOLVE cannot be held liable for any damage or theft inside or outside the premise/the studio. ENVOLVE shall in no event be liable for any material, immaterial or corporeal damage caused by a third party. ENVOLVE 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 ENVOLVE liable in the event of damage resulting from ENVOLVE’s intentional or grossly negligent breach of the Agreement, in the event of fraud or willful misconduct by ENVOLVE or personal injury or death caused by ENVOLVE. This waiver does not affect the statutory rights of the consumer.
ENVOLVE is not liable for technical problems that have an impact on the communication of information through its Website. ENVOLVE is not liable to the Client for any modification, interruption, defect or termination of its Website. Nor is ENVOLVE liable for websites referenced on its Website.
In attending classes at ENVOLVE, the Client agrees that neither him/her, hi/her heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against ENVOLVE or its members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise. The Client hereby states that he does not have a medical or physical condition that would prevent him/herself from properly using any ENVOLVE’s classes and facilities. If you have an injury or any other physical inconvenience, always inform your trainer about this before starting the class. Listen to and follow the instructions of the relevant trainer and ask questions if you do not understand an exercise. ENVOLVE provides the following guidelines for reducing the risk of an injury: Always consult a doctor before starting ENVOLVE classes if you are not sure that you are completely healthy or if you are pregnant.
3. Personal data
Data accuracy. Every member ensures that the details provided on registration or at any time at ENVOLVE are correct and complete.
4. Force majeure
Neither ENVOLVE 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 prevents 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, …
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 last 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.
In the framework of providing products and/or services to the Client, ENVOLVE is entitled to enter into agreements with subcontractors (among other the teachers) for delivery hereof without prior consent of the Client. ENVOLVE can assign the Agreement or any part thereof to any person, firm or company.
All membership subscriptions are nominative and non-transferrable. They thus may not be shared. Anyone breaching this article will be denied entry and forfeit their membership permanently.
Failure or delay by ENVOLVE 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 not 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. ENVOLVE 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.
7. 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.
Cours Saint Michel 97, 1040 Etterbeek
Belgian Trade and Companies Register n°0779.297.505