General Terms and Conditions

Article 1. Definitions

Customer: a natural person whose actions related to the agreement are entirely unrelated to her or his commercial, corporate, artisanal, or professional activities;

Digital products: data that is produced and delivered in digital format, such as exercise packages and preparation courses;

Educational services: services supplied to the customer either through electronic means or via a personal encounter that provide support in terms of scientific knowledge or insight;

Long-term agreement: an agreement that entails the regular provision of educational services over a certain time span;

Provider: a natural or legal person who provides customers with digital products (remotely) and/or educational services (remotely or in person);

Remote agreement: an agreement concluded between the provider and the customer in the context of an organized system designed to sell in a remote way digital products and/or educational services, whereby up until the moment of closure of an agreement both the provider and the customer have appealed exclusively or at least partially to technical means of remote communication;

Right of withdrawal: the right of the customer to revoke an agreement within the withdrawal period;

Sustainable data carrier: any tool, device, or application, including email, that allows the provider or customer not only to store personally relevant information in such a way that the data can be straightforwardly consulted or used during a certain period of time for intended purposes at any point in the future, but also to reproduce the stored data whereby the data is left unmodified;

Technical means of remote communication: a tool, device, or application that can be used to close an agreement without the need for the provider and the customer to have been physically present simultaneously in the same room;

Template withdrawal form: the template included in Appendix 1 of these general terms and conditions that can be used to initiate the right of withdrawal;

Withdrawal period: the period during which the customer is legally entitled to invoke her or his right of withdrawal;

Article 2. Business information

Article 3. General provisions

The sole proprietorship A Circle Is Round owned by Olivier Loose, with its registered office located at Molenmeers 46, 8000 Bruges, Belgium, and company ID number 0783.853.139 (hereinafter “Provider”), provides the customer (hereinafter “Customer”) with the option of buying online digital products and educational services via the e-commerce website https://acircleisround.com.

The present General Terms and Conditions (“Terms”) stipulate the reciprocal rights and obligations arisen from the conclusion of a remote agreement between the Provider and the Customer, whereby the Terms are applicable to every agreement concluded.

With regard to a remote agreement in the context of both digital products and educational services concluded via the web shop of the Provider, the Customer must explicitly accept these Terms and in doing so the Customer agrees to their applicability with the exclusion of all other conditions. At the specific request of the Customer, the Provider is obliged to electronically send the Terms to the Customer.

Additional conditions supplied by the Customer are excluded, except when explicitly accepted beforehand in writing by the Provider.

Article 4. The scope of the offer

Every digital product or educational service is described in a complete and detailed manner, so that the Customer is able to formulate a well-considered judgement about the specific offer at hand. Any additional documents available in the description of the products or services, such as a table of contents of a preparation course, a summary list of exercises, or a preview of the digital products, have the aim to support the Customer in making a deliberate decision. All this information ensures that the Customer has attained clarity as to which rights and obligations are attached to the acceptance of an agreement.

Despite the fact that the online catalogue and e-commerce website are assembled with the utmost care, it is still possible that information may be incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the product selection are not binding for the Provider. With respect to the accuracy and completeness of the provided information, the Provider is solely bound to obligation of means and is in no way liable in event of obvious material or printing errors.

The product selection is valid while stocks last and may at any time be changed or withdrawn by the Provider. The Provider cannot be held liable for the non-availability of a product. If an offer is for a limited duration or subject to conditions, this will be explicitly stated in the offer.

Article 5. The agreement

A remote agreement is concluded when both the offer is accepted and the present Terms are met.

With respect to digital products as well as educational services, the Provider sends the following information to the Customer in such a way that it can be straightforwardly stored on a sustainable data carrier:

• The official address of the Provider to which the Customer can send a complaint;
• The conditions of applicability of and the way in which to invoke the right of withdrawal, as well as the clear indication of being excluded from invoking the right of withdrawal;
• The price including all taxes relevant to the product or service;
• The payment conditions and the conditions under which the agreement will be executed;
• If the right of withdrawal is applicable, the template of the withdrawal form.

In case of a long-term agreement, the provision stipulated in the previous paragraph only applies to the first delivery.

If the agreement is concluded electronically, the Provider must take appropriate technical and organizational measures in order to ensure a safe transmission of the data within a secure web environment. If the Customer is paying electronically, the Provider must equally take appropriate safety measures accordingly.

Article 6. Execution of the agreement

In the context of digital products, the agreement is executed immediately in the form of a download of a copy of the original digital product as soon as the payment is issued electronically.

Concerning the educational services, the Provider must execute the agreement as is described as per the information sent to the Customer (see paragraph 2 of Article 5).

With the acceptance of the Terms, the Customer acknowledges hereby the fact that the right of withdrawal for the ordered educational service is revoked as soon as the (first individual) service of the remote (long-term) agreement is completely executed (see paragraph 8, Article 10). The Customer is hereof informed within the description of the educational services on the website of the Provider.

Article 7. Long-term agreement: duration, cancellation, and renewal

When the Customer purchases an educational service that consists of at least two individual educational services, then the agreement is called a long-term agreement. The Customer retains the right to decide the duration of the long-term agreement.

After the termination of either the official withdrawal period (see paragraph 2, Article 10) or the delivery of the first individual service (see paragraph 3, Article 6), the Customer loses its right to withdraw the long-term agreement and the Provider must deliver all of the remaining individual educational services. Nonetheless, if the Customer wishes to cancel the remaining individual services—note that no refund is possible in this case (see paragraph 5 of Article 12)—the Provider must be notified electronically or in writing by such decision.

If the Customer wishes to add new individual educational services to the original long-term agreement after the termination of the withdrawal period, the Provider will then consider these services either as individual services under a new remote agreement (if the number of new individual services is equal to one) or as part of a new long-term agreement (if the number of new individual services is greater than or equal to two).

Article 8. Retention of title and copyright protection

Delivered digital products remain the exclusive property of the Provider until the moment the Customer pays for the products in full.

After full payment by the Customer, the Provider remains the rightful author of the delivered digital product and is thereby protected by Belgian Law (“Wetboek Economisch Recht”). No part of this work may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage or retrieval system, without prior permission in writing from the author. The use of this work is furthermore restricted to educational and informational purposes only and any commercial aspect with respect to its use is a violation of the Law.

The digital products are registered at e-dpo (https://e-dpo.com/en/).

Article 9. Responsibility clause

The Provider can be under no circumstances held liable for the results of an exam, test, or any other form of intellectual interrogation to which the Customer is subjected after the delivery of a remote agreement (or part of a long-term agreement) concluded between the Customer and the Provider. These results are solely and exclusively the outcome of the intellectual labour of the Customer.

Article 10. Right of withdrawal

The paragraphs 2 up till (and including) 7 of this Article only apply to Customers who, in their capacity of customer, have concluded either a remote agreement in the context of educational services or a long-term agreement with the Provider.

Within a withdrawal period of 14 calendar days, the Customer retains the right to withdraw from a remote agreement without providing any specific reason. The right of withdrawal period expires 14 calendar days after the date that “the agreement was entered into” (see paragraph 1, Article 5). The risk and the burden of proof for the correct and timely execution of the right of withdrawal lies entirely with the Customer and if the Customer decides to invoke the right of withdrawal, then all additional agreements become automatically annulled.

To invoke the right of withdrawal, the Customer must inform the Provider of their decision to withdraw the remote agreement through an unambiguous statement sent to the Provider in writing or via electronic means. The Customer can hereby make use of the template of the withdrawal form attached in Appendix 1 but is by no means obliged to do so. The Provider sends electronically to the Customer a confirmation of receipt of the decision by the Customer to invoke the right to withdraw.

To comply with the withdrawal period, the Customer must send a notification of their decision to exercise the right of withdrawal before the withdrawal period has expired.

If the Customer has requested that the provision of services start during the withdrawal period, the Customer shall pay an amount for the services provided up to the time that the Customer notified us of their withdrawal from the agreement that is proportional to the full completion of the agreement.

If the Customer withdraws from the agreement, the Provider shall repay all payments received from the Customer up until that time including standard shipment costs with a maximum of 14 calendar days of the date that the Provider was notified by the Customer of their decision to withdraw from the agreement.

The Provider shall repay the Customer using the same means of payment as the Customer used in the initial transaction unless the customer explicitly agreed otherwise. In any case, the Customer will not be charged any costs in connection with such repayment.

The Customer cannot exercise the right of withdrawal for:

• service agreements after the provision of the (first individual) service of the (long-term) remote agreement has been completed in its entirety (paragraph 3 of Article 6 duly informs the Customer and this information is equally shared with the Customer within the description of the educational services on the website of the Provider);
• the supply of digital content that is not supplied on a tangible medium when the service has started with the explicit prior consent of the Customer and provided the Customer has explicitly acknowledged that they thereby lose their right of withdrawal (e.g. downloading of music, software, documents, etc.).

Article 11. Price

All prices listed are expressed in EURO (EUR or €) and always include the Value-Added Tax (VAT) as well as all other required duties or taxes that the Customer must bear. Any shipping, reservation or administration fees that are charged must be specified separately.

The specified price refers solely to the digital products and educational services as set out in writing. Any added supportive digital documents that are available on the website, such as a table of contents of a preparation course, a summary list of exercises, or a preview of the digital products, merely have an informative character and can be viewed without being charged any type of costs.

Article 12. Payment conditions

To conclude a remote agreement in the context of a digital product ordered via the website of the Provider, the Customer has to click on the available link of the desired product and is subsequently taken to a web form to, after explicit acceptance of the Terms, complete the payment. After the payment, the Customer receives the information as outlined in paragraph 2 of Article 5, which includes a link through which the purchased digital product can be downloaded.

The Customer may choose between the following payment methods:

• by credit card
• by debit card (bancontact, iDEAL, giropay, EPS, Sofort, Przelewy 24, Alipay, and Multibanco)
• by Google Pay

To conclude a remote agreement in the context of an educational service ordered via the website of the Provider, the Customer has to click on the available link of the desired type of educational service and is subsequently taken to a web form to, after explicit acceptance of the Terms, complete the payment. After the payment, the Customer receives the information as outlined in paragraph 2, Article 5, and the Provider then contacts the Customer to make further practical arrangements with respect to the delivery of the remote agreement.

With regard to a remote agreement in the context of an educational service (or a long-term agreement) that is delivered either electronically or by means of a personal encounter, the Customer has the option to choose between the following payment methods:

• by credit card
• by debit card (bancontact, iDEAL, giropay, EPS, Sofort, Przelewy 24, Alipay, and Multibanco)
• by Google Pay

In case that the Customer wishes to cancel a number of individual services of a long-term agreement either after the termination of the withdrawal period or after the delivery of the first individual service (see paragraph 2, Article 7), it must be noted that a partial or full refund is no longer possible and the Customer loses the right to claim back any part of the original paid amount agreed upon under the long-term agreement.

The Provider is entitled to refuse an order pursuant to a serious breach on the part of the Customer with respect to their orders.

Article 13. Customer service

The customer service of the Provider can be reached at the phone number +32 478 234 830, via e-mail through this link, or by mail at the address “A Circle Is Round, Molenmeers 46, 8000 Bruges, Belgium”. Any complaints can be made through the aforementioned customer services contact methods.

Article 14. Privacy

The responsible party for processing personal data, the Provider, respects the General Data Protection Regulation (GDPR) and the Belgian Privacy Act of 30 July 2018.

The personal data you share with us is used only for the following purposes: the processing of the order, the execution of the remote agreement, invoicing, sending out newsletters (if opted in), and data analytics and optimization of the user experience of the website. The legal bases are: the remote agreement between the Customer and the Provider and the acceptance of the Customer of the Terms.

You have a statutory right to access, correct, supplement or remove your personal data. In a number of cases listed in the GDPR, you may also ask us to limit the processing of your personal data. You have the right to object to the processing of your Personal Data if you have serious and legitimate reasons that exceed our need to process your data. You have the right to request your Personal Data in digital and readable form and/or to have them transferred to another service provider of your choice. Insofar as our processing is based on your prior consent, you have the right to revoke that consent at any time.

In the case when information is used for direct marketing purposes, you may preclude the use of your information for direct marketing purposes at no cost to yourself.

To exercise your rights, you can always contact the Provider.

We treat your information as confidential and shall not communicate, rent, or sell it to third parties. For more information, see our Privacy Policy.

Article 15. Use of cookies

Our website uses cookies and similar technologies. This helps us to provide you with a better experience when you visit our website and also allows us to optimize our website. Without your prior consent, we only place those purely functional cookies that are necessary for the proper functioning of our website. For all other cookies, we ask for your prior consent.

For an overview of all cookies that our website places on your device, please refer to our Cookie Policy.

On your first visit to our Website, you will be asked to accept our cookies. You can manage your choices at any time afterwards.

You can set up your internet browser so that cookies are not accepted, or that you receive a warning when a cookie will be installed, or that the cookies will be deleted later from your hard drive.  To do so, you must change the settings of your browser settings (via the help function). Keep in mind that in doing so you may prevent certain graphic elements from appearing correctly or prevent you from using certain applications.

Article 16. Invalidation – non-relinquishment

If any provision of these Terms is declared invalid, illegal, or void, it shall in no way affect the validity, legality, and applicability of the other provisions.

Failure at any time by the Provider to enforce any of the rights set out in these Terms, or to exercise any equivalent right, shall never be deemed as a waiver of such provisions and will never invalidate these rights.

Article 17. Amendments of the Terms

Any amendments to these Terms only enter into force after being published in the appropriate manner on the website of the Provider, whereby any modifications implemented during the time that an offer is available on the website shall be such that the provision most beneficial to the Customer takes precedence.

Article 18. Means of proof

The Customer accepts that electronic communications and backups can be used as valid means of proof.

Article 19. Applicable law – jurisdiction

Belgian law is applicable with the exception of the stipulations of private international law with respect to applicable law and with the exception of the Vienna Convention on the International Sale of Goods. The courts that are located within the district of the residence of the Customer have jurisdiction in the case of any disputes. The Customer can also contact the Online Dispute Resolution (ODR) Platform (http://ec.europa.eu/consumers/odr/).

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Apppendix 1: Template – withdrawal form

Dear Customer, you should only complete this form and return it to the Provider should you want to withdraw from the agreement.

To:

A Circle Is Round

Molenmeers 46

8000 Bruges

Belgium

I/We (*) hereby inform you that I/we (*) want to withdraw from the agreement concerning the delivery of the following service:

Ordered on:

Name/Names of consumer(s):

Address of consumer(s):

Signature of consumer(s) [only when this form will be submitted on paper]:

Date:

(*) = strike out what is not applicable.