Terms of Service

also know as Terms & Conditions

These are the terms and conditions of: AETERNUSSALUS BV (acting under the name: Whatswell or charlotteblle), with its registered office at Belgium, and with company registration number 

You can contact the Service Provider via email on support@whatswell.network 

Article 1 – Definitions

In these terms and conditions, the following definitions will apply:

1. Offer: every Offer and quotation issued by us with regard to Services and Products issues by the Service Provider, either on our website, on social media or via email. 

2. Service Provider: , acting under the name Whatswell or charlotteblle

3. Right to Withdraw: the customer’s right to withdraw from an Agreement within the statutory period of 14 calendar days and in accordance with article VI47 ev. WER. 

4. Commencement Date: the Agreement starts on the day that the customer consents to the Agreement, i.e. when purchasing a Product or Service. 

5. Customer: The entrepreneur or consumer that enters into an Agreement with the Service Provider and in doing so accepts the terms and conditions. 

6. Agreement: the Agreement between the Customer and the Service Provider.

7. Products and Services: the online downloads, (digital) workshops and/or webinars, online coaching trajectories (i.e., an online course and online coaching), online courses, and Products that the Service Provider sell on the website and/or on social media or via email. 

8. Coaching Trajectories: this is the combination of online accessible courses, consisting of video modules, templates, e-books, … with a predetermined amount of live, interactive online coaching calls via a digital video conferencing Service. 

9. Online Course: an online accessible course, consisting of video modules, templates, e-books, …

10. Subscription: a Service or Product to which one has access for as long as the periodically requested payment is made. 

11. Price: the amount due for a Service or Product

12. Written: the written communication like emails or registered mail if necessary. 

13. Websites: whatswell.network

Article 2 - Relevance of Terms and Conditions

2.1 In these terms and conditions, we describe the rules and regulations that form the basis of how the Service Provider will provide the Customer with the Services. These terms and conditions are applicable to all our Products and Services, Offers and Agreements of the Service Provider, and contain important information about the rights and obligations of the Customer. 

2.2 These terms and conditions always take precedence over terms and conditions of the Customer. 

2.3 The most recent and up to date version of this agreement is always applicable. 

Article 3 - Offer and Acceptance

3.1 The Service Provider always places Offers on the Websites, on social media, or sends them via email. The Prices are in Euros. BTW is calculated and charged.

3.2 The Service Provider always has the right to alter pricing and/or conditions. The Offer that was communicated on the moment that the Customer accepts the Product or Service and, in other words, purchases it, is the applicable Offer. 

3.3 The Service Provider cannot be held to their Offer if the customer can reasonably understand that the Offer, or a part of it, contains an obvious or a clerical error, such as an unrealistically high discount or an unusually low asking Price. 

3.4 Upon accepting the Offer for the delivery of a Service or a Product, the Customer agrees that the Agreement is immediately acted upon and fulfilled. The Customer-consumer wavers their Right to Withdraw (if it were applicable). 

Article 4 - Implementation of the Agreement and disclosure to the Customer

4.1 The Service Provider Offers different kinds of Services and Coaching Trajectories. 

Unless otherwise agreed in writing, the activities of the Service Provider will consist of giving holistic health and wellness advice in the broadest sense of the word. 

With certain trajectories, an intake interview will take place. Afterwards, the Customer and Service Provider can choose whether or not to start the chosen trajectory. This will be explicitly mentioned for each trajectory. 

When the Customer chooses to start the trajectory and, in doing so, accepts the Offer, the payment obligation stands for the full sum. Even when the Customer ends the trajectory prematurely, they will have to pay the trajectory in full. 

4.2 When entering into the Agreement, the Customer accepts the modalities of the Service or Product as described by the Service Provider. These modalities take precedence over the provisions written in these Terms and Conditions. If the trajectory is offered on the Websites, the Customer always has to accept these Terms and Conditions before completing the payment. Once the payment is complete, the Agreement between the Customer and the Service Provider starts.  

4.3 The Service Provider implements the assignment to the best of their abilities and insight. The Service Provider is not liable for not achieving the result or goal that the Customer envisaged. The envisaged result is always dependent on the effort of the Customer. 

4.4 The Service Provider can only properly perform their duties when the Customer provides them with the necessary information in time, being during the intake interview or via a questionnaire that is provided in advance. The Customer is responsible for the accuracy, the exhaustiveness, and the reliability of the information provided, even if it is provided by third parties. The Service Provider will treat this information confidentially. 

4.5 When the Customer does not provide the necessary information in time or at all, and this delays the implementation of the assignment, the subsequent supplementary costs are for the account of the Customer. 

4.6 The Service Provider is not liable for any damage, of any kind, attributable to wrong or incorrect information that is provided by the Customer. 

4.7 For certain Services, specific (online) appointments will be planned between the Customer and the Service Provider. These appointments will be described in writing in the Offer. If the Customer cannot take part in any of these activities due to illness, the Customer is expected to communicate this to the Service Provider as soon as possible. All meetings need to be cancelled 24 hours before the scheduled start; if not, the Customer loses an appointment, or they will be required to pay a fee. 

Article 5 – Pricing, Invoicing and Payment

5.1 Price

5.1.1 The Price is always dependent on the chosen Product or Service. The Prices are always listed on the Websites of the Service Provider or if the Offer is communicated elsewhere via social media or e-mail. 

The listed Prices are excluding VAT, unless explicitly stated otherwise. The pricing that is agreed upon includes all costs except supplementary Products or Services and transport costs. Potential supplementary costs will always be specified and are for the account of the Customer.

5.2 Invoicing and payment

5.2.1 When the Customer accepts the Offer and this Offer is not a subscription, the obligation exists to pay the sum in full, albeit in full in one payment, or in installments if the Service Provider provides the possibility. 

5.2.2 Products or Services purchased via the Websites must be paid immediately and via the Websites, except for Services or Products for which the option ‘payment by invoice’ is available and the Customer has the choice. For Services or Products that are not purchased via the Websites, the Service Provider will send an invoice, unless agreed otherwise. The invoice needs to be paid within eight calendar days. 

5.2.3 Upon accepting the Offer, the Customer agrees that the Price for the Service or Product has to be paid in full, even when the Customer wishes to annul or end the Agreement during the trajectory. 

5.2.4 When the Product or Service that is offered is a subscription, this subscription, for which a minimum duration can be determined by the Service Provider in advance where appropriate, is payable per predetermined period (periodically). The Customer cannot cancel the subscription when the minimum duration period is not over and must complete the periodical payments during the minimum duration period. 

5.2.5 Unless it is explicitly stated otherwise in the Offer, the Services and Products can be paid monthly (payment plan). The monthly payment is paid monthly in advance, unless agreed otherwise, either via SEPA European Direct Debit, or via invoice. The first monthly payment is paid immediately and, in doing so, the Customer approves the SEPA Direct Debit. 

Afterwards, the monthly payment will take place exactly one month after the previous payment (e.g. registered on July 1st, the consecutive payment will take place on august 1st). The Service Provider will write an invoice for every payment. 

If the payment plan, chosen by the Customer, exceeds the duration of the Service, and anyway if a payment plan is chosen when purchasing a Product, the Agreement will apply until the payment plan is fulfilled in its entirety. 

5.2.6 If a monthly payment is not possible or is not agreed upon, the Customer will transfer the entire amount in full on the account number BE488 7360 7521 1541 of the Service Provider indicating the invoice number that can be found on the invoice. The invoice needs to be paid within eight calendar days. 

The customer can also choose to pay the invoice online via options provided on the Websites of the Service Provider. 

5.2.7 If the Customer does not pay on time, the Service Provider is entitled to end the Service until the amount due has been paid. The obligation to pay loses none of its force in this situation. 

5.2.8 Upon non-payment of the invoice within the prescribed period, all the outstanding invoices are immediately due and payable automatically and without formal notice. The Customer is owed automatically and without formal notice a late payment interest of 10% per year on the invoice amount, as well as a flat-rate compensation amounting to 10% with a minimum of €150,00. In case of partial payment, the compensation is owed in full regardless. 

Article 6 - Changing or Ending the Agreement

6.1 The duration of the Services is explicitly described in the Offer. The Service Provider will always state beforehand how long the coaching trajectory will last. This information will always be made available on the Websites or if the Offer is communicated elsewhere, via social media or e-mail. The Agreement is effective for the full duration of the Service and, as article 5.2.5 states, in any case until the payment plan is paid in its entirety. 

6.2 The Agreement, in principle, cannot be terminated prematurely. The purchased Service has a duration stated upon purchase. Upon accepting the Offer, the Customer agrees that the Price for the Product or Service must be paid in its entirety, even if the Customer wishes to annul or terminate the Agreement during the foreseen duration. 

6.3 When the Customer opts to cancel the trajectory, they have no right whatsoever to a reimbursement of any kind, nor to a non-payment of sums payable in the future. 

6.4 The Service Provider is entitled to dissolve the Agreement in full or in part without the obligation to pay compensation if the Customer does not honor their obligations in full or in part. The Service Provider can only properly implement their assignment if the Customer honors their contractual obligations. These Terms and Conditions are an integral part of the Agreement. 

Article 7 – Liability

The Service Provider will always make every effort to act to the best of their ability and insight and according to the requirements of good craftsmanship. The Customer acknowledges that the Service Provider only has a commitment on a best-efforts basis, not an obligation to achieve results. 

The Service Provider has the right to engage third parties for the implementation of the Agreement. The Service Provider has selected said third parties with the utmost care in order to achieve a good quality of Service. These third parties must honor the rights and obligations of the Customer, as defined in, amongst others, these Terms and Conditions.

Article 8 - Right to Withdraw

8.1 The provisions in this article only apply to customers that purchase articles online in the capacity of consumer. 

The Customer has the right to withdraw from purchasing the purchased physical Products within a period of 14 calendar days. The Service Provider has the right to ask the Customer for a reason as to why they withdraw, but the Customer is not obliged to provide said reason. 

The cooling-off period of 14 calendar days, as described in the previous paragraph, starts on the day when the Customer, or a designated third party, receives the confirmation email. 

8.2 Exceptions: The right to withdraw does not apply to non-physical Products or Services like online courses, downloads, online coaching trajectories, …. The dissolution of downloads and other deliveries of digital content, not delivered on a physical carrier, is impossible when the Customer, prior to delivery, explicitly agreed to the start of the fulfilment of the Agreement before the end of the cooling-off period and acknowledged that they lose the right to withdraw by agreeing. 

8.3 To execute the right to withdraw, the Customer is obliged to send the Service Provider an unambiguous declaration (e.g. in writing via mail, or via email), to inform them of their decision to withdraw from the Agreement. This declaration must reach the Service Provider before the end of the cooling-off period. 

8.4 The Customer must send the Products back to the Service Provider without delay and in any case no later than 14 calendar days after the day when the Customer communicated their decision to withdraw from the Agreement. The Customer is not late when he returns the Products before the end of said term of 14 calendar days. 

8.5 The direct costs for the return of the Products are for the account of the Customer. 

8.6 If the returned Product has lost value in any way, the Service Provider reserves the right to personally hold the Customer responsible and to demand compensation for every lost value of the Product that is the direct result of the Customer’s use of the Product that exceeds what is necessary to determine the nature, characteristics, and operation of the Products. Products must be returned, and will only be accepted, in original packaging and they must be returned with all accessories, user manual and invoice or proof of purchase. 

8.7 If the Customer withdraws from the Agreement, the Service Provider will refund all of the payments, including standard delivery costs, within a period of 14 calendar days after being informed of the decision of the Customer to withdraw from the Agreement. With sales contracts, the Service Provider can hold off on the refund until they have received the returned Products or until the Customer provides proof of returning the Products, depending on which event comes first. 

8.8 The Service Provider refunds the Customer with the same means of payment used by the Customer when originally purchasing the Product, unless the Customer explicitly agreed on a different means of payment; in any case, the Customer will not be charged for extra costs relating to the refund. 

Article 9 – Delivery

9.1 For purchasing Products, the following provisions apply: The Customer provides the shipping address. The Service Provider is not responsible for errors or omissions in the delivery information as it is provided by the Customer.

9.2 The Service Provider ships the Products within 3 to 5 business days. If Products are not in stock, the Customer will be informed of the modified delivery date. 

9.3 When the delivery is delayed, the Customer will be informed as soon as possible. If the delivery takes longer than 30 calendar days, the Customer has the right to cancel the agreement without extra costs. 

9.4 The Service Provider ships only to Belgium and The Netherlands. 

Article 10 – Disputes

The Customer is obliged to communicate in writing any possible complaints about invoices and/or Services or Products delivered by the Service Provider within 8 days after first noticing the subject of the complaint. 

When the Customer reports a flaw of a physical Product after said period of 8 days, the Customer does not have the absolute right to restoration, replacement, or compensation. 

The Customer can always choose to file a complaint to the Consumer Mediation Service of the Federal Government. They can do so via the following link: https://consumerombudsman.be/en 

Article 11 - User Account for Online Courses

11.1 In order to get access to online Services or Products, and to trainings amongst other things, the Customer needs to create an account on the Websites or the online platform of the Service Provider. The Customer needs to make sure that the information in that account is up to date at all times. Furthermore, the Customer will choose a unique and safe password. 

11.2 Access to the user account is always intended for strictly personal use only. Access to the account, account information and login details cannot be shared with third parties. 

11.3 In the case of a suspicion on the part of the Service Provider that the account information has been shared with third parties, the access to the account will be suspended indefinitely, without any obligation on the part of the Service Provider to pay a compensation of any kind or amount. 

11.4 When the Customer acts in a way that does not comply with these Terms and Conditions or in a way that is unlawful or damaging to the Service Provider, the Service Provider is entitled to deny the Customer access to the account without being obliged to pay any compensation. 

11.5 The Customer needs to have access to at least an e-mail address and an internet connection, a web browser, and all necessary appropriate equipment, to use the Services and Products.

Article 12 – Availability of online course material

12.1 With regards to the coaching trajectory "6 month coaching program": after the end of this trajectory, consisting of the course and online coaching, Customers have ‘lifetime access’ to the course material, i.e., for as long as the Service Provider, the online training and the online platform exist. The recordings of the online coaching sessions will be available for a period of five years. If the Service Provides chooses to no longer offer the online training, the Customer will be notified in due time. 

12.2 With regards to all other coaching trajectories: the Customers have access to the contents for the duration of the trajectory. 

12.3 With regards to the online courses: the Customers have ‘lifetime access’ to the online course material, i.e., for as long as the Service Provider, the online training and the online platform exist. If the Service Provider chooses to no longer offer the online training, the Customer will be notified in due time.

Article 13 – Liability

13.1 Force Majeure

The Service Provider does not accept any liability when they, as result of force majeure or external cause, cannot fulfill their obligations. When the force majeure is temporary, the Service Provider will try to meet the contractual obligations from the moment when it is reasonably possible. 

If it appears that it is not possible to continue the Services, the Agreement will be revised or dissolved in mutual agreement. 

13.2 Relations with Third Parties

As far as the Service Provider is dependent upon cooperation, Services and deliveries from third parties, the Service Provider cannot be held liable for damage arising out of these relationships or the dissolution of it. The Customer explicitly agrees, by agreeing with these Terms and Conditions, that the Service Provider shares the necessary information about the Customer with these Third Parties. The Service Provider assures that said third parties must honor the rights and obligations of the Customer, as defined in, amongst others, these Terms and Conditions.

13.3 Contractual Defects

If, in implementing the Agreement, gross misconduct is attributable to the Service Provider, the Customer can give them a written notice of default, in which case the Service Provider is given a reasonable term and opportunity to meet the obligations after all. The Service Provider can only be held liable for providing a compensation as replacement that is lower than or equal to the invoice amount. The Service Provider cannot be held liable for any shortcomings on the part of a third party. 

Every liability is excluded with regards to any other form of damage or loss, including compensation for indirect damage, consequential damage, or loss of acquired income or profit. 

13.4 Technical Issues of the Website

13.4.1 The Service Provider cannot guarantee a certain uptime of the Websites. The digital content can be unavailable for short periods of time. The Customer cannot demand any compensation when this remains within reasonable proportions. 

The Service Provider makes every effort to make sure that the Websites and online Services are available again as soon as reasonably possible. However, the Service Provider cannot guarantee anything. 

13.4.2 The Service Provider is not liable for damage caused by breaking into or hacking of the Websites. The Service Provider will take every reasonable safety precaution, consistent with the current state of IT developments and techniques available. 

The Service Provider is not liable for damage caused by phishing, farming, or other forms of internet fraud or criminal activities. 

13.5 Personal Responsibility of the Customer 

The Service Provider supports the Customer and provides them with advice. The Service Provider cannot be held liable for decisions made by the Customer during the online trajectory with regards to the Customer’s business. 

The Customer must refrain from every use of the (content in) online trainings that is unlawful or can be damaging to the Service Provider. 

Article 14 - Intellectual Property Law

14.1 By accepting these terms and conditions, the Customer confirms explicitly that all the designs, information, images, emails, downloads, schemes, modules, materials and other content on the Websites and online teaching platform, as well as Products, are property of the Service Provider and are protected by the relevant laws and regulations of intellectual property, including but not limited to copyright, trademark law, database rights, neighboring laws, patents, and design rights. 

14.2 The Service Provider grants the Customer a limited, personal, non-exclusive, non-sublicensable, non-transferable, and non-revocable license to use the Services and Products for personal purposes only and under certain conditions, as stated in these Terms and Conditions, for the duration of the Agreement. 

14.3 The Customer is explicitly prohibited from using, copying, altering, and publicizing, the designs, information, images, and other content designed by the Service Provider. Furthermore, he is explicitly prohibited from using the abovementioned content for direct or indirect commercial purposes, and from passing it on to third parties. 

The Customer is explicitly prohibited from passing on the provided license to third parties. The Customer can only download and save the content for strictly personal use. 

14.4 Contracting parties can depart from this by means of a written Agreement. 

Article 15 - Data Processing

15.1 By accepting an Offer, the Customer declares to agree with the processing of their personal data consistent with the Service Provider’s Privacy Policy. These Terms and Conditions are to be read in combination with the Privacy Policy that is accessible on the Websites. 

15.2 By creating an account, the Customer accepts these Terms and Conditions without reservation. Furthermore, the Service Provider needs to process personal data to be able to create said account and to draw up certain documents. How this takes place is explained in the Privacy Policy. 

15.3 The Service Provider processes personal data of contacts provided by the Customer in the context of their Services. The contact information of these people may be processed in the context of customer administration, for marketing purposes, and for properly implementing the Agreement between the Customer and the Service Provider. 

Article 16 – General

16.1 No party can transfer their rights and/or obligations resulting from these Terms and Conditions or Agreements to a third party without the explicit consent of the Service Provider. 

16.2 The Terms and Conditions and Agreement is governed by Belgian law. The parties submit all their disputes regarding the implementation of a contract or in relation to invoices to the exclusive jurisdiction of the courts.