TERMS AND CONDITIONS OF SALE
ARTICLE 1: DEFINITIONS
In these general terms and conditions, the terms below have the following definitions:
Belgian Indoor Cycling Academy ASBL hereinafter referred to as BICA, whose registered office is located at Tubize, Belgium, 1480, rue de la Falize no. 46 and registered under BCE number 0766291585.
The Belgian Indoor Cycling Academy ASBL is recognized by the Fonds de sécurité d’existence CP 314 as a training provider within the framework of the Commission paritaire 314 covering the hairdressing, beauty care and fitness sectors.
The Candidate :
The natural or legal person who registers for a training course provided by BICA. This person is aiming for a professional or recreational goal, in this case training to become an indoor cylcing instructor.
Contract : a contract between BICA and the Candidate.
Training : Training, coaching, refresher or advanced courses, (home) studies, study or theme days, workshops, continuing education or any other form of training leading to indoor practice.
cycling.
This training takes two forms:
- E-Learning: distance learning where course material can be downloaded directly by the Candidate after payment of the training fee.
- Face-to-face training: training given in the physical presence of candidates, in compliance with government health requirements, at a BICA partner fitness center.
Course Materials: Training material, instructional course material, documentation, multimedia products or any other material, in whatever form, that is used as part of the training to become a certified indoor cycling instructor.
Website : the official website of the Belgian Indoor Cycling Academy ASBL published at https://www.indoorcyclingacademy.be
Minerval The cost of the indoor cycling instructor training course, including course materials, registration fee and examination fee organized by BICA.
ARTICLE 2: SCOPE OF APPLICATION
2.1. These terms and conditions apply to all BICA quotations, offers and services. These general terms and conditions also form part of all contracts entered into with the Candidate.
2.2. No deviating conditions will be applied without the explicit written agreement of both parties to the contract.
2.3. If any provision of these terms and conditions is invalid for any reason whatsoever, the remaining terms and conditions shall remain in full force and effect and the parties shall negotiate between themselves a new provision that is as close as possible to the content of the original provision.
2.4. The Candidate declares that he/she agrees with the general terms and conditions of sale and is obliged to accept and read them before paying the requested fee by ticking the box reserved for this purpose on the website and before paying for the Training Course.
ARTICLE 3: CONTRACT COMPLETION
3.1. The Candidate enters into a Contract with BICA by registering for a Training Course and completing the registration form available on the website.
3.2. Registration for a course is made via the “Reservation” button on the website, and the candidate validates this registration by clicking on the “Add to basket” button for the desired course.
3.3. The contract comes into being when the Candidate electronically completes and signs :
– mandatory consent
– image rights
– RGPD agreement
3.4 The contract takes definitive form once BICA has confirmed payment of the Minerval by the applicant. Confirmation also serves as proof of registration for the course in question.
3.5. When the order is placed electronically, BICA sends the Candidate electronic confirmation of his/her registration. The Candidate may cancel his/her electronic order until it has been confirmed by BICA, with the exception of E-Formation distance learning.
3.6. Each contract is concluded under the suspensive condition of the Candidate’s solvency.
3.7. The Applicant is not entitled to transfer the rights under the contract to a third party.
ARTICLE 4: IDENTIFICATION
4.1. Lhe Candidate is obliged to carry valid proof of identity with him/her during training sessions and/or examinations, and to show it at the request of one or more BICA trainers.
ARTICLE 5: PAYMENT
5.1. Payment of the Minerval must be made at the time of registration by validating the registration via the “Order” button.
5.2. Unless authorized in writing by BICA, the Applicant is not entitled to claim any reduction, withholding or compensation whatsoever, nor to suspend its payment obligations. The transaction date stipulated on BICA account statements is deemed to be the date of actual payment.
5.3. BICA can also offer Modular Training courses, made up of modules or courses for which BICA grants the Candidate a set period of time in which to complete them. The duration of the Training begins when the Candidate registers for the first module. Once all the modules have been successfully completed within the allotted time, the Candidate receives the complementary modular diploma. Modular training courses can be paid for in instalments if BICA has explicitly agreed to this. In this case, the deposit and first instalment must be paid on registration. The next due date must be paid exactly one month later until the Minerval has been paid in full. If the Candidate withdraws from a separate module, the same withdrawal rules apply as for an ordinary course.
ARTICLE 6: LATE PAYMENT
6.1. If the Applicant fails to meet its payment obligations to BICA within the allotted time, it is automatically considered to be in arrears, without the need to send a formal notice. As soon as the due date has passed, BICA or its collection agency will send the Candidate a payment reminder and allow him/her a further 14 days from receipt of the payment reminder.
6.2. From the moment the Applicant is deemed to be in arrears, or from the expiry of the 14-day period for the Applicant until the day of full payment, interest on arrears of 1.5% per month or part of a month shall be payable by operation of law on the amount due, irrespective of BICA’s right to claim full compensation for damages under the law.
6.3. All legal and out-of-court collection costs are to be borne by the Candidate. They include the costs of seizures, bankruptcy petitions, collection fees, lawyers’ fees, bailiffs’ fees and other experts called in by BICA. These collection costs are capped at : 15% for amounts due up to €2,500, with a minimum of €40. BICA may waive the amounts and percentages in favor of the Candidate.
6.4. BICA will suspend interest rates and collection charges while a complaint or dispute is being processed.
ARTICLE 7: PRICES
7.1. All prices include VAT. Training prices may change from time to time.
7.2. If a price change occurs after the final conclusion of the Contract, this will have no effect on the price agreed and already paid by the applicant.
7.3. Discounts are not cumulative. They must always be taken into account at the time of registration. Repayment is therefore impossible.
7.4. BICA is a not-for-profit association and is exempt from VAT.
ARTICLE 8: CANCELLATION AND MODIFICATION OF A COURSE
8.1. No cancellation of an E-Learning distance learning contract is possible once the course fee has been paid. As soon as the E-Training is validated, the training syllabus is immediately delivered to the Candidate by computer.
8.2. The Candidate remains at all times responsible for meeting his or her obligations to pay the Minerval and other fees, even if he or she stipulated at the time of registration that these would be covered by his or her employer.
8.3 For classroom training, the candidate has a right of withdrawal of 14 calendar days from the conclusion of the order. Within this period, the candidate must inform BICA in writing (email) that he/she wishes to cancel his/her purchase and no longer take part in the chosen training course. The reimbursement of the course fee will only be made to the bank account used to pay for the course.
The candidate is entitled to a free refund of what he or she has paid. BICA will reimburse it as soon as possible, and in any case within 14 days of cancellation.
8.4. After the 14-day period, the only possibility of reimbursement is on presentation of a medical certificate (C.M.) attesting to the inability to follow the course.
However, the amount of the training is reimbursed under the following conditions:
- 100% if the C.M. is sent at least 1 month before the date of training.
- 75% if the C.M. is sent three weeks before the date of the training.
- 50% if the C.M. is sent two weeks before the date of training.
- 25% if the C.M. is sent one week before the date of the training.
8.5. If the candidate does not meet the conditions of article 8.3 or 8.4.a), the candidate may apply in writing to benefit from either :
– of the distance E-Learning course, without claiming reimbursement of the difference in fees between the face-to-face course and the distance E-Learning course.
– postponement of training to the earliest possible date, even if this has not yet been determined at the time of application.
ARTICLE 9: END OF TRAINING
9.1. If the Candidate stops attending the course before the end of the Training period, or if he/she no longer participates, for any reason whatsoever, including medical reasons, he/she will not be entitled to full or partial reimbursement of the Minerval. The candidate will automatically be registered for the next face-to-face training session, even if the date is not yet known. BICA will inform the Candidate of the date of this face-to-face training.
ARTICLE 10: COMPLIANCE
10.1. Training must comply with the Contract and be carried out competently using the correct facilities and infrastructures.
10.2. The Course Material supplied must comply with the Contract and must have all the specific features necessary for ordinary use under all circumstances, as well as for special use unless otherwise agreed.
ARTICLE 11: INTELLECTUAL PROPERTY RIGHTS
11.1. The Candidate is not authorized to erase or modify any indication on the delivered products concerning copyrights, trademarks, trade names, patents and other intellectual rights.
11.2. BICA (and/or its Trainers) retains the copyright and all intellectual property rights to the offers and quotations submitted, projects delivered, Course Materials, examinations, illustrations, etc., as well as all other intellectual property rights.
11.3. The rights to the data stipulated in the previous paragraph remain the property of BICA even if the Candidate has had to pay for their production. These data may not be copied, used or presented to third parties without the prior written authorization of BICA. In the event of a breach of this provision, the Candidate is liable to a fine of €25,000 per breach, irrespective of BICA’s right to claim full compensation for damages.
ARTICLE 12: EXEMPTION
12.1. The Applicant shall indemnify BICA against all costs and damages that BICA may suffer as a result of a claim brought against BICA by a third party for any reason for which liability towards the Applicant is excluded in these general terms and conditions.
12.2. Should BICA be attacked by third parties for this reason, the Candidate is required to do everything that can be expected of him/her to immediately assist BICA in any judicial or extrajudicial proceedings. If the Candidate fails to take the appropriate measures, BICA has the right to take them itself, without formal notice to the Candidate. All costs and damages thus incurred by BICA or third parties shall be borne entirely by and at the risk of the Applicant.
ARTICLE 13. BREACH OF CONTRACT
13.1. If one of the parties fails to comply with a contractual obligation, the other party may suspend compliance with its own obligations. In the event of partial or imperfect non-compliance, suspension is only authorized if the breach justifies it.
13.2. BICA has a right of retention if the Applicant fails to meet a due obligation, unless the failure does not justify such retention.
ARTICLE 14: LIABILITY
14.1. BICA is only liable for direct damage caused by BICA’s gross negligence or wilful misconduct – which must be proven by the Applicant – in the performance of its obligations under the Agreement between the parties.
14.2. BICA is in no way responsible for the consequences of inaccurate data provided by or on behalf of the Candidate. Nor is BICA responsible for a Candidate’s success or failure in any examinations.
14.3. BICA is not responsible if a Candidate does not follow the safety instructions.
14.4. BICA’s liability is in all cases limited to the Minerval paid by the Candidate.
14.5. BICA is not responsible for the truthfulness of the content of the affidavit completed and signed by the Candidate concerning his/her physical health at the beginning of the classroom training.
ARTICLE 15: FORCE MAJEURE
15.1. Should BICA be prevented from carrying out the Contract or the continuation of the Contract for Training due to temporary or permanent force majeure, whether foreseeable or unforeseeable, BICA has the right, without any obligation, to reschedule the Candidate for the next and nearest training session.
15.2. Force majeure includes all circumstances in which BICA is temporarily or permanently unable to meet its obligations, including but not limited to: unavailability (even temporary) of a Trainer due to illness and/or impediment, fire, (picketing of) strikes, riots, war, measures taken by public authorities, failure of suppliers, transportation problems, natural disasters, malfunctions or breakdowns in BICA’s business, power failures, as well as all circumstances for which BICA cannot reasonably be required to meet (the continuation of) its obligations to the Candidate.
ARTICLE 16: DISSOLUTION
16.1. The contract automatically terminates at the end of the course of study or training, regardless of the outcome of the training, as specified in the registration form. Mutual rights and duties cease to exist when this contract is terminated, with the exception of rights relating to consent.
ARTICLE 17: PERSONAL DATA AND DUTY OF DISCRETION
17.1. Within the framework of the law on the protection of privacy, BICA ensures that all data provided by the Candidate is recorded in its automated administrative system. This data will be processed and used internally for the purpose of customer and company management, for example, to enable training by Trainers and the dispatch of Course Material and related information. BICA will not provide this data to third parties without the Candidate’s explicit authorization.
17.2. Both parties are bound by a duty of confidentiality in respect of all confidential information obtained from each other or from any other source in connection with this Agreement. Information is considered confidential if one of the parties qualifies it as such, or if this follows from the nature of the information.
17.3. Information provided by Candidates is considered confidential by BICA, its staff and/or persons working for it. BICA complies with current privacy legislation.
ARTICLE 18: QUESTIONS AND COMPLAINTS
18.1. BICA responds to questions of an administrative nature or relating to the content of the Training Course within 20 working days of receipt. It responds by return mail to letters requesting a longer processing time, with an acknowledgement of receipt and an indication of a deadline after which the Applicant can expect a more detailed response.
18.2. Complaints concerning the performance of the Contract must always be submitted to BICA in a timely, clear and complete manner, after the Applicant has noted or been able to note the shortcomings. A complaint lodged within two months is always considered to be within the deadline. A complaint lodged after the deadline may result in the loss of the Candidate’s rights.
18.3. If a claim cannot be resolved by mutual agreement, the resulting dispute is subject to the dispute resolution procedure detailed in article 21.
ARTICLE 19: APPLICABLE LAW/JURISDICTION
19.1. This contract is governed by Belgian law.
19.2. All disputes arising out of or in connection with a contract shall in the first instance be submitted exclusively to the competent judge of the district of Brabant-Wallon.
ARTICLE 20: MODIFICATIONS
20.1. BICA has the right to modify its general terms and conditions. Changes are communicated through a global publication on the BICA website.
20.2. For their interpretation, the French version of these terms and conditions always takes precedence over any other translation.
ARTICLE 21. SETTLEMENT OF DISPUTES
21.1. The contract is governed by Belgian law, unless the binding law of another country applies.
21.2. Any disputes arising with BICA in connection with the execution or performance of contracts relating to services and goods delivered or to be delivered by BICA may be submitted, by either the Applicant or BICA, to the Consumer Mediation Service via the website : https://mediationconsommateur.be
21.3. When the Applicant submits a dispute to the Consumer Mediation Service, BICA is bound to respect this choice.
21.4. The Service de Médiation pour le Consommateur (Mediation Service for Consumers) takes into account the provisions of the regulations in force. Its decision takes the form of an opinion binding on the parties.
