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GENERAL TERMS

AND CONDITIONS

These General Terms and Conditions govern the cooperation with Hilde Denayer, trading under the name “Radena”, with registered office at Muylebeekstraat 85, 1570 Tollembeek, Belgium, registered with the Crossroads Bank for Enterprises and the VAT register under number BE0891.540.064, email: info@radena.be (hereinafter referred to as “Radena”).

In addition, every legal relationship between Radena, or Hilde Denayer, and the customer (jointly referred to as the “Parties”) shall be governed by these General Terms and Conditions, possibly supplemented by specific conditions, unless expressly agreed otherwise in writing.

 

These Terms and Conditions supersede and replace all prior written or oral agreements, proposals and commitments relating to the same subject matter and preceding the date of the agreement between the Parties.

 

 

Article 1 – Scope of Application

1.1. These Terms and Conditions apply whenever a photoshoot or an atelier (online or in person – hereinafter referred to as the “Services”) is booked, or when products or digital products (hereinafter referred to as the “Products”) are ordered via the Radena webshop by a visitor of this website (hereinafter referred to as the “Customer”).

 

1.2. Radena reserves the right to amend or remove these General Terms and Conditions at any time without prior notice. Each order shall be governed exclusively by the General Terms and Conditions applicable at the time of the order as published on the website and included in the order confirmation, to the exclusion of any earlier or later versions.

 

1.3. If any provision of these Terms and Conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain fully valid and enforceable.

 

1.4. The Customer is solely responsible for the accuracy of all information provided. By placing an order or booking a service via the website, the Customer confirms that he or she is a natural person, legally competent, and at least 18 years of age. Radena accepts no liability for orders placed by persons or entities who do not meet these criteria or for incorrect information provided by the Customer.

 

 

Article 2 – Formation of the Agreement and Order Process

2.1. Commercial documents and offers do not constitute binding commitments on the part of Radena.

2.2. An agreement between Radena and the Customer is only concluded once the order for Products or Services, placed by completing the registration or order form, has been confirmed by Radena by email. The confirmation shall be sent to the email address provided by the Customer. It is the Customer’s responsibility to ensure that such emails do not end up in the spam folder. For the purchase of Products, confirmation is only possible after acceptance of these General Terms and Conditions and full payment of the ordered Products by the Customer. Radena remains the owner of all Products until full payment has been received.

2.3. Orders are not binding on Radena until they have been expressly confirmed by email or any other appropriate means of communication following completion of the order process.

Article 3 – Product Prices

3.1. The sales prices for Products indicated on the webshop at the date of the order are the applicable prices. These prices are also shown in the order overview. Prices are expressed in euros and are exclusive of VAT and other government-imposed taxes or charges. Upon payment, the Customer will receive an invoice.

 

3.2. Shipping or delivery costs are charged to the Customer.

 

 

Article 4 – Service Prices

 

4.1. The Customer will receive an invoice for the amount due. Radena’s invoices are subject to 21% VAT. The stated prices are inclusive of VAT.

 

4.2. In the event of payment by invoice and failure to pay within the specified term, the invoiced amount, including VAT and other costs and charges, shall automatically and without prior notice of default be increased by interest of 1% per month, calculated on the outstanding amount, with each commenced month being considered as a full month, and a fixed compensation of 10% of the outstanding invoice amount, with a minimum of EUR 100. All collection costs shall also be borne by the defaulting Customer. In case of late payment, Radena is entitled to deny the Customer access to the training or service until payment has been received. If the Customer remains in default with respect to one or more outstanding invoices, Radena reserves the right to suspend further performance of the agreement until all outstanding amounts (including compensation and late payment interest) have been settled, or to immediately terminate the agreement.

 

4.3. Any failure to pay a due invoice shall render all other invoices immediately payable. If Radena has explicitly and in writing granted payment by instalments, the entire outstanding amount shall become immediately due and payable without further notice or formal demand as soon as one instalment is not paid on time. All payments shall first be allocated to any outstanding late payment interest. In the event of non-payment, all outstanding amounts shall be recovered through legal proceedings.

 

4.4. Any dispute relating to an invoice must be submitted to Radena by registered mail within seven (7) calendar days of the invoice date. Radena is entitled to assign its claims to third parties and to transfer all or part of its obligations towards the Customer, while remaining responsible for the proper performance of those obligations. The Customer is not entitled to assign his or her rights and/or obligations towards Radena.

 

 

Article 5 – Online Payment

5.1. Payment is due immediately upon ordering. Radena offers various secure electronic payment methods for online orders via the payment system and payment conditions of payment provider Stripe. By placing an order and making payment via the Radena webshop, the Customer acknowledges having taken note of the payment provider’s general terms and conditions and agrees to be bound by them.

5.2. No order shall be validated without prior receipt of the corresponding payment.

5.3. Radena only accepts payments from accounts within the European Union.

Article 6 – Delivery and Transfer of Risk

6.1. Products ordered via the webshop and workbooks offered as part of a training package shall only be made available or delivered after receipt of payment in accordance with Articles 3 and 4 of these General Terms and Conditions.

6.2. Delivery of webshop Products and workbooks shall be carried out by postal services, by Radena’s own transport, or by an external transport company chosen by Radena.

6.3. The transfer of risk for the goods shall take place at the moment the agreement is concluded in the case of standard shipping. From that moment, the Customer bears the risk.

6.4. Radena cannot be held liable for deliveries arriving later than expected or for parcels lost due to the actions of third parties, unforeseen circumstances, or force majeure. Radena is also not liable for delays or non-delivery caused by the carrier. If an order is not delivered within the expected timeframe, Radena shall nevertheless make every reasonable effort to ensure that the ordered Products or workbooks are delivered as soon as possible.

6.5. If, despite all precautions, certain Products are damaged during transport, the Customer may contact Radena to seek an appropriate solution.

Article 7 – Liability, Indemnities, Force Majeure and Exclusions

7.1. Except for the explicit obligations undertaken by Radena under these General Terms and Conditions, Radena’s liability is limited to the liability mandatorily imposed by law.

7.2. Radena makes every reasonable effort to ensure that the website and webshop are accessible and available 24 hours a day, 7 days a week. However, access may be interrupted due to maintenance, website or network updates, or other causes beyond Radena’s control. Radena cannot be held liable for any loss or damage resulting from such interruptions. Nor shall Radena be liable for damage directly or indirectly caused by the use of the website or webshop, the ability to place an online order, or any act of the Customer or a third party, whether caused by fault or negligence, including (without limitation) design, material or manufacturing defects. Radena has no personal advisory obligation in relation to online orders.

7.3. Radena shall not be liable for any material or bodily damage, indirect damage or consequential loss suffered by the Customer and/or his or her appointees for any reason whatsoever, including (without limitation) any shortcoming, negligence, fault or gross fault on the part of Radena, its appointees or suppliers.

7.4. Radena shall not be liable for delays or failures in the performance of the agreement resulting from events or circumstances beyond its control that could not reasonably be foreseen or avoided (force majeure), such as (without limitation) illness or unavailability of performing personnel, disruption of distribution, or unavailability of certain Products. In the event of force majeure, Radena shall immediately notify the Customer in writing.

7.5. Insofar as any liability is nevertheless established, such liability shall be limited to reimbursement of the price of the Product or training.

7.6. The website is intended solely to provide general information to the Customer about Radena’s Products and activities. Radena only has a best-efforts obligation with regard to access, the order process, delivery, and other services.

7.7. Radena may include links on its website to other internet sites. Radena is not responsible for the content of such sites, the products, services or materials offered by external sources, or for any alleged or actual damage or loss resulting from the use of or connection to such sites or external sources.

 

 

Article 8 – Cancellation of Orders

8.1. Orders for Services, such as training packages, may only be validly cancelled by the Customer by registered mail or by email. In the latter case, the cancellation shall only be valid once Radena has confirmed receipt to the Customer.

8.2. Cancellation means deregistration and/or non-attendance (online or in person) at the training without prior notice for any reason whatsoever, except in cases of proven force majeure.

8.3. In the event of cancellation by the Customer thirty (30) calendar days before the execution date, a fixed cancellation fee of EUR 50 plus VAT and other costs and charges shall be payable. In the event of cancellation between fourteen (14) and thirty (30) calendar days before the agreed execution date, compensation shall amount to 75% of the total price. If cancellation occurs less than fourteen (14) days before the agreed execution date, compensation shall amount to 100% of the total price.

8.4. Orders for (online) Products cannot be cancelled or returned once the Product has been received, as the Product was delivered during the statutory withdrawal period for digital purchases.

Article 9 – Intellectual Property

All designs, concepts, creations, material selections, illustrations, logos, drawings, photographs, images, finishing and manufacturing methods, (product) descriptions, data, product or company names, texts, and similar materials developed and/or used by Radena, in any form whatsoever, are and remain the exclusive property of Radena, as does any related documentation made available to the Customer or published on the webshop. Publication or any other form of disclosure is only permitted with the prior written consent of Radena.

Article 10 – Processing of Personal Data

10.1. By placing an order or booking a training, the Customer expressly consents to Radena processing his or her personal data for the purpose of producing and delivering the ordered Products or providing the ordered Service. The data may also be used for customer management, newsletters, advertising or marketing purposes, and statistical analysis of Radena’s customer base. In this context, Radena also refers to its privacy policy available at
https://www.radena.be/gdpr

10.2. The data controller, Radena, complies with Regulation (EU) 2016/679 of 24 May 2016 (General Data Protection Regulation) concerning the protection of personal data. In accordance with this Regulation, the Customer has the legal right to access and rectify his or her personal data, as well as the right to request complete deletion of such data. To exercise these rights, the Customer must submit a written, dated and signed request to Radena, accompanied by proof of identity (copy of identity card).

10.3. All personal data obtained and processed via the website or webshop shall be treated confidentially and shall under no circumstances be disclosed to third parties.

10.4. When Customers participate in a Radena programme and interact with other participants in a closed Facebook group provided by Radena or in external mastermind groups, they shall at all times respect the privacy of other participants. All information shared by participants remains strictly within the group of participants.

Article 11 – Complaints

Any complaints must be submitted to info@radena.be.

Article 12 – Applicable Law and Jurisdiction

12.1. These General Terms and Conditions and the overall legal relationship between Radena and the Customer shall be governed exclusively by Belgian law, even if an order is placed from abroad. The application of the United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention, 1980) is expressly excluded.

12.2. The Customer accepts electronic evidence.

12.3. Any disputes arising out of or in connection with the legal relationship between Radena and the Customer shall fall within the exclusive jurisdiction of the courts of the judicial district of Brussels.

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