Terms and conditions

Sylvantia Terms and Conditions – Magda Fahsi

This is a courtesy translation. The French version of these Terms and conditions takes precedence over all others and is the only one deemed authoritative.

Definitions
 In these terms and conditions, the following terms are used with these definitions, unless expressly stated otherwise:
Sylvantia – Magda Fahsi: the user of these terms and conditions. Since Sylvantia is not a legal entity, the user is the owner of the site, Magda Fahsi, self-employed, with company number BE0758298587;
Client: the natural person who enters into an agreement with Sylvantia – Magda Fahsi;
Session: the Shinrin Yoku/Forest Therapy session or the phyto-aromatherapy or gemmotherapy session provided by Magda Fahsi;
Agreement: the agreement between Sylvantia – Magda Fahsi and the client;
Participant: the natural person to whom the agreement relates or with whom an appointment has been made for a session. If the client enters into an agreement for its own benefit, the client is also the participant.

General
These terms and conditions apply to any agreement between Sylvantia – Magda Fahsi and the client.
Once these terms and conditions have been applied within the framework of a legal relationship between Sylvantia – Magda Fahsi and the client, the client is deemed to have accepted the applicability of these terms and conditions to agreements entered into and to be entered into subsequently.
If one or more provisions of these general terms and conditions were or should become wholly or partially invalid at any given time, the other provisions of these terms and conditions remain and remain fully applicable. Lapsed or voided provisions will be superseded by Sylvantia – Magda Fahsi, taking into account as much as possible the purpose and scope of the original provision(s).
If Sylvantia – Magda Fahsi does not always require strict compliance with these terms and conditions, this does not mean that these provisions are not applicable; nor that Sylvantia – Magda Fahsi in any way loses the right to demand strict adherence to these Terms in other instances.
Sylvantia – Magda Fahsi reserves the right to modify these terms and conditions. The applicable version of the general terms and conditions is always the one that was in force at the time of the conclusion of the agreement.

Offer and prices
The price per session is clearly indicated to the client.
The price of a session as indicated to the client, when it is a consumer, is inclusive of tax.

Conclusion of the agreement
The agreement is deemed concluded when the client has made an appointment or registered for a session, appointment by which he expressly agrees to the general conditions.

Execution of the agreement
Sylvantia – Magda Fahsi will perform the agreement to the best of her knowledge and ability and in accordance with the craftsmanship requirements.
The commitment concerns an obligation of effort and not an obligation of result. Sylvantia – Magda Fahsi compensation does not depend on the result. Sylvantia – Magda Fahsi cannot guarantee any particular outcome; it does not guarantee that the effect desired by the client will be achieved by the execution of the agreement.

Obligations of the client and the participant
The Client is responsible for ensuring that the Participant complies with the provisions of these Terms and Conditions relating to the Participant.
The client and the participant are obliged to ensure that all data deemed necessary for the execution of the agreement by Sylvantia – Magda Fahsi, or those which the client or the participant should reasonably understand to be necessary, be forwarded to Sylvantia – Magda Fahsi in a timely manner.
If the information provided by the client or the participant is incomplete and/or inaccurate, this is at the expense and risk of the client.
The client and the participant are obliged to inform Sylvantia – Magda Fahsi without delay of facts and circumstances that may affect the execution of the agreement.

Session
If the participant behaves inappropriately during a session or makes the smooth running of the session excessively difficult or impossible, Sylvantia – Magda Fahsi reserves the right to terminate the session prematurely. In this case, the price of the session remains entirely due, without prejudice to the right of Sylvantia – Magda Fahsi to the reimbursement of any damages.
It is forbidden to be under the influence of alcohol or drugs during the session.
During the session, the participant must not be disturbed by phone calls, messages or emails, unless he has received express permission from Sylvantia – Magda Fahsi.
It is forbidden to take photos and/or make sound recordings of a session without the prior authorization of Sylvantia – Magda Fahsi.
If the participant is under the age of 18, he must be accompanied by a parent or legal guardian during the session.

Cancel a session
The client or participant can cancel the appointment for a session 24 hours or more in advance. In this case, he will have the possibility of making an appointment for a later session at his best convenience. Under no circumstances will the cancelled session be refunded, except in cases of force majeure (illness, accident, etc.) duly certified.
If the client or participant cancels a session less than 24 hours in advance, the client will be charged the agreed price for the session.
A session must be cancelled by phone or email.
Sylvantia – Magda Fahsi may be forced to postpone a Shinrin Yoku session when the weather conditions do not allow this session to take place in conditions of sufficient safety and comfort for the client/participant. In this case, it will offer other dates to the client.

 Invoicing and payment
The client is required to pay for the session when making the appointment.
For advice sessions in phyto-aromatherapy and gemmotherapy, the customer has the option of paying at the end of the session.
If Sylvantia – Magda Fahsi has not received payment for the session and the client does not follow up on the reminder sent to them, Sylvantia – Magda Fahsi reserves the right to suspend the execution of any session already scheduled until all invoices have been paid.
In the event of non-payment or late payment, the statutory interest will be borne by the customer from the due date of the invoice until the day of payment of all amounts due. In addition, all judicial and extrajudicial costs to be collected are the responsibility of the customer. Extrajudicial collection costs are determined in accordance with the law on collection costs.
Objections to the amount of an invoice do not suspend the payment obligation.

Complaints
Complaints about a session must be reported to Sylvantia – Magda Fahsi by the client, by post or email, as soon as possible after the session.
The customer is obliged to allow Sylvantia – Magda Fahsi to investigate the complaint. The fact that Sylvantia – Magda Fahsi investigates a complaint does not imply that Sylvantia – Magda Fahsi recognizes that the work performed does not meet the requirements.
Complaints do not suspend the payment obligation of the customer.
If Sylvantia – Magda Fahsi considers the customer’s complaint to be justified, the customer must give Sylvantia – Magda Fahsi the possibility of renewing its service. In the event that the provision of the service is no longer possible or useful, Sylvantia – Magda Fahsi will only be held liable within the limits of article 11.

Liability and statute of limitations
Sylvantia – Magda Fahsi cannot be held liable for any damage resulting directly or indirectly from:
An event which, in fact, is beyond its control and therefore cannot be attributed to its actions and/or omissions, such as those described in article 12;
Any act or omission of the client or participant.
Sylvantia – Magda Fahsi is not responsible for any erroneous interpretations of the participant on the content of a session.
The participant is responsible in all circumstances for the accuracy and completeness of the data he provides. Sylvantia – Magda Fahsi is in no way liable for damage caused (even partially) by incorrect and/or incomplete information provided by the participant. The client guarantees Sylvantia – Magda Fahsi against any claim in this regard.
The participant is entirely responsible for the decisions he makes, whether or not he follows the advice of Sylvantia – Magda Fahsi. The participant is at all times responsible for the choices he makes, his behaviour and the consequences that result from it. This is particularly valid for all sessions performed outdoors, in the forest or in nature in general.
Sylvantia – Magda Fahsi cannot be held responsible by the client in the event that the result of the sessions carried out by Sylvantia – Magda Fahsi does not meet the client’s expectations.
The participant is responsible for his own state of health. Attending a session or seeking advice from Sylvantia – Magda Fahsi should in no way replace consulting a doctor. Sylvantia – Magda Fahsi is not a medical facility.
Sylvantia – Magda Fahsi is not liable for incidental or consequential damages.
In the event that Sylvantia – Magda Fahsi is liable for any damage whatsoever, the liability of Sylvantia – Magda Fahsi will be limited to the amount of the payment made by the insurer of Sylvantia – Magda Fahsi. In any case, if the insurer does not make the payment or if the damage is not covered by the insurance, the responsibility of Sylvantia – Magda Fahsi is limited at most to the amount of the invoice of the services to which relates the responsibility.
The limitations of liability for direct damages described in this agreement do not apply if the damage results from gross negligence or wilful recklessness on the part of Sylvantia – Magda Fahsi.
The rights of recourse and other powers of the client towards Sylvantia – Magda Fahsi, invoked for any reason whatsoever, expire in any event within a period of three months from the moment when it is established that the client can use of these rights and/or powers with regard to Sylvantia – Magda Fahsi.

 Force majeure
Sylvantia – Magda Fahsi is not bound to perform any obligation to the client if it is prevented from doing so by circumstances which are not due to fault and for which it cannot be held liable under the law, a legal act or which is not attributable to it according to generally accepted conceptions.
In these general conditions, are considered as cases of force majeure, in addition to what the law and case law stipulate on this subject, all external causes, foreseen or unforeseen, on which Sylvantia – Magda Fahsi cannot exercise any influence, but which result in Sylvantia – Magda Fahsi not being able to fulfil its obligations. Examples of force majeure events include, but are not limited to: severe weather; traffic disruptions; flooding; landslides; terrorism; war and riots; interference by third parties; government measures; the disease of the natural person who exercises on behalf of Sylvantia – Magda Fahsi.
In case of force majeure, Sylvantia – Magda Fahsi will inform the customer as soon as possible.

Suspension and termination of the agreement
Sylvantia – Magda Fahsi is authorized to suspend the performance of its obligations or to terminate the agreement in the following cases:
If the customer does not fulfil his obligations under the agreement, does not fulfil them fully or punctually.
If after the conclusion of the agreement, Sylvantia – Magda Fahsi becomes aware of circumstances which give reason to fear that the customer will not fulfil his obligations.
Furthermore, Sylvantia – Magda Fahsi is entitled to terminate the agreement if circumstances arise which are of such a nature that the execution of the agreement is rendered impossible; or if other circumstances arise of such a nature that the maintenance intact of the agreement cannot reasonably be required of Sylvantia – Magda Fahsi.
In the event of termination of the agreement, the claims of Sylvantia – Magda Fahsi become due and collectible immediately. If Sylvantia – Magda Fahsi postpones the performance of the obligations, it retains its rights under the law and the agreement.
If Sylvantia – Magda Fahsi decides to suspend or dissolve the agreement, it cannot under any circumstances be held liable for compensation for damages and costs that may result.

Intellectual property rights
Sylvantia – Magda Fahsi reserves the rights and powers vested in it under copyright law and other intellectual property laws and regulations.
The client is obliged to respect the intellectual property rights of Sylvantia – Magda Fahsi at all times.

Confidentiality
Both parties are required to maintain the confidentiality of all confidential information obtained from each other or from a third party source under their agreement. Information is considered confidential if the other party has so indicated or if it follows from the nature of the information. The party receiving confidential information may only use it for the purposes for which it was provided.
If Sylvantia – Magda Fahsi – on the basis of a legislative provision or a judicial decision – is obliged to transmit confidential information to a third party designated by law or the competent court and Sylvantia – Magda Fahsi cannot invoke any legal framework or recognized jurisdiction to assert legitimate causes of excuse, then Sylvantia – Magda Fahsi will not be liable to pay any damages or compensation.
Sylvantia – Magda Fahsi processes personal data in accordance with applicable privacy laws and regulations. 

Applicable law and competent courts for Sylvantia – Magda Fahsi
All legal relationships to which Sylvantia – Magda Fahsi is a party are exclusively governed by Belgian law.
All disputes relating to the agreements between the client and Sylvantia – Magda Fahsi will be settled by the competent court of the district of Brussels.