GENERAL TERMS AND CONDITIONS

DEFINITIONS

  • General Terms and Conditions: these general terms and conditions of sale of Wild Plant Forager BV

  • Course Material: all the teaching materials, in whatever form, that are offered by Wild Plant Forager BV as part of the Services, including the workbook, teaching videos, plant records, and audio material

  • Services: all services provided by Wild Plant Forager BV, including but not limited to offering the (online) wild foraging courses and to organising monthly Q&A sessions and live teaching days

  • Wild Plant Forager BV: a private limited liability company (‘besloten vennootschap’) with registered office in Krommehamlaan 5, 9031 Drongen, Belgium, and with company registration number (‘ondernemingsnummer’) BE 1008839590, to be contacted via herborist@kruidencursus.com

  • Customer: every natural person or legal person who wants to forage wild plants in a sustainable and safe way

  • Agreement: the agreement (remote) made between Wild Plant Forager BV and the Customer in the context of the (remote) sale of Services and related Products

  • Platforms: the teaching platform where the Course Material is offered by Wild Plant Forager BV and other possible platforms that Wild Plant Forager BV might use

  • Products: all products, including but not limited to the Course Material, offered by Wild Plant Forager BV in the context of the Services

  • Website: the website of Wild Plant Forager BV, https://www.kruidencursus.com/

APPLICABILITY GENERAL TERMS AND CONDITIONS

These General Terms and Conditions apply to all quotations, offers, services and invoices of Wild Plant Forager BV, as well as on all agreements made between Wild Plant Forager BV and her Customer. Deviations from these General Terms and Conditions are only enforceable against Wild Plant Forager if expressly agreed to in advance and in writing by Wild Plant Forager BV.

In the event of conflict between these General Terms and Conditions and any particular written agreement, the provisions of the particular written agreement prevail.

If the Customer places an order, this means that they fully and unreservedly agree to these General Terms and Conditions, which implies that the Customer completely waives the application of their own general terms and conditions.

CONCLUSION OF THE AGREEMENT

All quotations and offers issued by Wild Plant Forager BV are without obligation and do not bind them as such. They cannot be regarded as an offer, but only apply as an invitation to the Customer to place an order. The Agreement shall only be concluded if and insofar Wild Plant Forager BV accepts an order by the Customer in writing.
The Agreement between Wild Plant Forager BV and their Customer does not establish an exclusive relationship under any circumstances.

CLIENT INFORMATION

The Client agrees to provide Wild Plant Forager BV with all relevant data and information. The Client guarantees the accuracy, completeness and reliability of these data, even if they are verifiable.

DELIVERY TIMES

Delivery times for providing the Services and related Products in the context of the implementation of the Agreement are only mentioned for reference. Any possible delay in delivery cannot give rise to compensations or a termination of the Agreement.

PRICE AND PAYMENT

The Customer will be charged for the Services and Products at the prices mentioned on the Website. Unless explicitely agreed otherwise, the prices mentioned on the Website are inclusive of VAT and possible other taxes, fees and/or charges. These costs are always borne by the Customer.

The Services and Products are to be paid in advance via one of the following payment methods: Bancontact, iDeal or credit card. The invoice will be drawn up and sent via email immediately after payment has been received. The Customer commits to providing the correct billing details to Wild Plant Forager BV at the latest when placing the order.

If the invoice has not been paid by the due date:

(i) all other claims against the Customer that are not yet due shall become due and payable by operation of law and without prior notice of default;

(ii) Wild Plant Forager BV has the right, without prior notice of default, to completely or partly suspend their commitments to the Customer and thereby deny the Customer access to the Platforms;

(iii) Wild Plant Forager BV has the right, without prior notice of default, to refuse all future orders; and

(iv) the invoice amount will be increased, by operation of law and without notice of default being required, by a fixed compensation clause of 10% with a minimum of 100 euros, without prejudice to Wild Plant Forager BV's right to claim higher damages, provided that proof of higher actual damages is provided, and default interest as provided for in the Act of 2 August 2002 on combating late payment in commercial transactions.

CANCELLATION OR RESCHEDULING LIVE COURSE BY CUSTOMER

Cancellation or rescheduling of the planned training course by the customer can be done as followed:

  • In written by sending an email to herborist@kruidencursus.com up to 3 weeks before the course starts. For multi-day courses and blended education starting with an online session, the first day of the course applies. The date of receipt by Wild Plant Forager BV will count as the reference date for applying present cancellation conditions.

Cancellation or rescheduling is free of charge if it is done at least 3 weeks before the start of the course. 

If the cancellation or rescheduling of the course or lesson day happens less than three weeks before the course starts or before the lesson day, 100% of the participation fee for the course will be due. If, however, it concerns an activity where no external teachers are involved AND the customer has a valid medical certificate, rescheduling the course is free of charge.

The customer may arrange for a replacement at no cost, should they not be able to attend the planned training course themselves, provided that they send notice of this change by email to herborist@kruidencursus.com.

For the VIP trajectory of the year-long course in wild foraging, you can always switch to other classes within the relevant dates free of charge. If this does not offer a possible solution, the relevant lesson day can be made up for the following year. This arrangement cannot be applied to bonus classes and complementary follow-up sessions.

INTELLECTUAL PROPERTY

Wild Plant Forager BV and/or her licensers are and remain the only and exclusive owners of the Course Material and all related intellectual property rights (i.e. all registered and non-registered intellectual property rights and other related rights, including but not limited to copyright and neighbouring rights, moral rights, trademarks, trade names, design rights, database rights, trade secrets and all other similar or equivalent rights that exist now or in future in all parts of the world - hereafter ‘Intellectual Property Rights’). The Customer will respect the Intellectual Property Rights completely and unconditionally.

Wild Plant Forager BV grants the Customer for the duration of the Agreement a non-exclusive, non-transferable, non-sublicensable, royalty-free, world-wilde license to use the Course Material for their own personal purposes in accordance with these General Terms and Conditions. The Customer thereby has the right to download the downloadable content for personal use. It is, however, not permitted for the Customer to copy the workbooks. Nor is it permitted for the Customer to download the teaching videos, to record them or copy them. The license granted by Wild Plant Forager BV will cover all future updates that will be made available for the Customer from time to time.

Nothing in these General Terms and Conditions may be interpreted as granting any license or the right to commercially use the Course Material, without the prior written consent by Wild Plant Forager BV.

Wild Plant Forager BV reserves the exclusive right to correct errors in the Course Material.

REVOCATION FREE OF CHARGE

The Customer has the right to revoke the Agreement within a period of seven (7) calendar days free of charge and without giving reasons for the revocation. This period commences on the day the Customer gains access to the Platforms. The Customer can exercise this right to revocation by sending an email to herborist@kruidencursus.com copying in team@kruidencursus.com. If the Customer revokes the Agreement in a valid way, Wild Plant Forager BV will refund the payment received from the Customer to the Customer within a maximum of thirty (30) calendar days after Wild Plant Forager BV was informed of the revocation.

DISSOLUTION OF THE AGREEMENT

Wild Plant Forager BV has the right to dissolve the Agreement with the Customer at all times, with immediate effect, without judicial authorisation, without prior notice of default and without paying any compensation, in the following cases:

(i) if the Customer, despite written proof of default allowing a period of at least seven (7) calendar days, fails to pay an invoice;

(ii) if the Customer violates one or more provisions of these General Terms and Conditions;

(iii) in the event of suspension of payment or the (filing for) bankruptcy by the Customer;

(iv) in the event of liquidation or discontinuation of the Customer’s activities; or

(v) if (part of) the Customer’s assets are seized.

In the event of dissolution Wild Plant Forager BV reserves the right to claim compensation for the costs, interest and damage that Wild Plant Forager BV has suffered and all claims by Wild Plant Forager BV against the Customer become due and payable with immediate effect.

LIABILITY

Wild Plant Forager BV makes great efforts to ensure that the information provided via the Course Material is complete, correct, accurate and up-to-date. Wild Plant Forager BV cannot be held liable, however, for direct or indirect damage that may arise as a result of the use of the Course Material.

Wild Plant Forager BV does not guarantee the proper functioning of the Platforms, and cannot be held liable in any way for their malfunctioning or temporary unavailability or for any form of direct or indirect damage that may result from the access to or the use of the Platforms.

Except in case of fraud, wilful misconduct or gross negligence, Wild Plant Forager BV shall not be liable for or obliged to compensate for immaterial, indirect or consequential damage, including (but not limited to) damage to personal and psychological health, fines for violating the law.

Insofar Wild Plant Forager BV depends on the cooperation, services and deliveries of third parties for the realisation of her commitments, she is not liable for any damage resulting from their errors, including their gross negligence or wilful misconduct.

The contractual and non-contractual liability of Wild Plant Forager BV is limited to the invoice amount at all times.

FORCE MAJEURE

Wild Plant Forager BV is not responsible for any late delivery of Services or related Products in case of force majeure.

Force majeure is understood to mean: every unforeseen event beyond the reasonable control of Wild Plant Forager BV or any foreseeable event whose consequences cannot be avoided in a reasonable way, which wholly or partially hinders, delays or substantially impedes the execution of the Agreement. This includes, but is not limited to: accidents, natural conditions, strikes, terrorist attacks, epidemics or pandemics, governmental measures, hacking, delays at subcontractors, errors or delays caused by third parties, sudden illness, network, internet or telecom disruptions.

The contractual obligations of Wild Plant Forager BV will be suspended until the case of force majeure ceases to exist. If the case of force majeure continues for more than three (3) months, Wild Plant Forager BV and the Customer are entitled to terminate the Agreement without compensation.

DATA PROTECTION

In the context of the implementation of the Agreement, Wild Plant Forager BV may collect and process personal data of the Customer or their employees or appointees. The personal data provided by the Customer will be processed in accordance with Wild Plant Forager BV’s Privacy Policy that can be consulted on the website, https://www.kruidencursus.com.

MISCELLANEOUS

Indivisibility. The Customer cannot transfer, neither wholly nor partly, the rights and obligations arising from this Agreement and/or these General Terms and Conditions to third parties, without the prior written consent of Wild Plant Forager BV. Any transfer or assignment of their rights or obligations, in absence of Wild Plant Forager BV’s consent, shall be deemed unwritten.

No waiver. The failure or delay to exercise the rights under the Agreement or these General Terms and Conditions by Wild Plant Forager BV cannot be deemed as a waiver (whether express or implied, wholly or partially) and can neither prevent the further exercise of such rights. Every waiver of a right by Wild Plant Forager BV should be made expressly and in writing.

Severability. The provisions of the Agreement and/or of these General Terms and Conditions shall always be interpreted in such a way that their validity or enforceability is unaffected. In the event that one or more provisions are invalid, unenforceable or non-binding, this shall not affect the validity, enforceability and binding nature of the remaining provisions. In the event of the nullification of a clause, the parties will negotiate a valid replacement clause that corresponds as closely as possible to the result intended by the annulled clause.

APPLICABLE LAW AND COMPETENT COURTS

All quotations, offers, invoices and agreements to which these General Terms and Conditions apply, are governed exclusively by Belgian Law.

All disputes arising from this shall fall exclusively within the jurisdiction of the courts of the judicial district of East Flanders, Ghent division.

CHANGE TO THE GENERAL TERMS AND CONDITIONS

Wild Plant Forager BV reserves the right to amend the General Terms and Conditions to reflect changes in applicable legislation. The current updated version of the General Terms and Conditions can be consulted on the Website at all times.

Last update: [2 September 2024]