Last modification: 04/21/2024

Article 1. Description of the Services and scope of application

1. These general conditions of sale apply to all orders for Services (as defined in article 1.2) placed between a Buyer (any natural or legal person who places an order) and VICITRA, the limited liability company whose the head office is located at Rue Washington, 107, 1050 Ixelles, known to the Carrefour des Entreprises bank under number 0701.673.749. (Hereinafter “VICITRA”) or via the VICITRA website available via the url: vicitra.us
2.

1. The acquisition of a Service (placing an order) on the Site or on the dedicated VICITRA space by a Buyer implies its acceptance without these general conditions of sale.
2. “Services” means all Services offered by VICITRA for sale via its Site.

A/ The Services offered by VICITRA include the following categories:

• Training and lessons related to Yoga provided in the form of pre-recorded or live content with access to replays;
• Live classes (live online classes);
• Where applicable, the provision of additional support for teaching, training or courses (books, manuals, translations of texts) available in digital format or sent in physical form (book);
• Individual Yoga Therapy consultations online or in person as well as individual sessions to support the practice of Yoga Therapy sessions;
• The possibility of reserving places for face-to-face training courses (in Belgium or abroad).

B/ Special remarks regarding the Services:

• The special conditions for each of the Services are specified on the description sheet for each Service available on the Site and are applicable to orders in addition to these general conditions of sale, subject to what is indicated in article 1.5.
• Orders for Services may, depending on their specific conditions, be paid for by the Buyer in one go or by recurring payments (in particular with regard to Services offered in the form of subscriptions. See article 3.4 on this subject)
• Access to videos (pre-recorded content or replays of “lives”) for certain Services may, depending on the specific conditions of the Service concerned, be limited or unlimited in time.
• Some offers also include access to VICITRA's private chat group on the Telegram platform.

4. These general conditions of sale prevail over any other general or specific conditions of the Buyer not expressly approved by VICITRA.

5. In the event of a conflict between the provisions of VICITRA's general conditions of sale and the particular provisions of a specific Service offered by VICITRA on its Site, the provisions of the special conditions will prevail over the provisions of these VICITRA general conditions of sale to with the exception of articles 1,4,7,8 and 10 to 15 of the VICITRA general conditions of sale which always prevail over the specific provisions of a Service.

6. VICITRA reserves the right to modify these general conditions of sale at any time. The applicable version of the general conditions of sale is that in force at the time the order is finalized by the Buyer according to the order process described in article 3. It is always indicated above the table of contents the last date of modification and reference of the General Conditions of Sale.
7. If one or more of the clauses of VICITRA's general conditions of sale should be declared null or invalid, this nullity will not affect the rest of the clauses which will remain applicable.

In this case, the parties (VICITRA and the Buyer(s) concerned) undertake to consult as soon as possible in order to replace the clause(s) deemed void or invalid(s) by one or valid clause(s) having the same purpose and an equivalent economic scope.

Article 2: Offers.

1. VICITRA's offers (which appear on the VICITRA Site) are always accompanied by a complete and detailed description of the contents of the Services offered. This description allows the Buyer to have a faithful and complete description of the Services offered before committing. The photos available on the Site are excluded from the contractual scope.
In the event of a manifest error in the description VICITRA is not obliged to deliver the Service concerned. (The error is human).
2. If an offer is temporary or subject to special conditions, this is always clearly stated in the respective offer.

Article 3: Description of the order process.

1. In order to place an order (on the VICITRA Site), the Buyer (natural person) must be at least 18 years old. If this is not the case, he or she must obtain the prior consent of his or her parents, guardian or legal representative in order to place an order. If VICITRA notes that the order was made by a minor, VICITRA reserves the right to refuse this order.

2. The Buyer (natural or legal person) is always responsible for the accuracy of the information he provides to VICITRA via the Site.

Order process on the VICITRA Website:

• To purchase a Service via the Site, the Buyer must go to the page with the specific conditions describing the desired Service or in their personal space “My Account” and click on the button (often at the bottom of the page) which allows them to go to the order page for the Service in question.
• The Buyer then fills in information relating to their identity and billing details.
• On this page, the Buyer who wishes to finalize his order must then accept the application of these general conditions of sale as well as the conditions of use of VICITRA by checking the boxes provided for this purpose and finally activate the button with the mention “ order with obligation to pay. (Or a similar mention)
• This last step (activation of the order button) makes the order final for the Buyer.

* As an exception to what is provided above, when purchasing a monthly subscription to the online Yoga course program, to Autonomy training and to Yoga Therapy training, when Buyers finalize their order, they are entitled to a free period. Monthly automatic withdrawals do not begin at the end of the free period.

** When it is a contract of indefinite duration or tacit renewal this is indicated on the order page as well as the conditions of termination.
3. The order becomes final for VICITRA upon receipt of a valid payment from the Buyer who confirmed his order.
4. Where VICITRA has received valid transaction (payment) approval for an order or as an exception to this principle, valid order approval with respect to online courses or the first trial week is free of charge, VICITRA sends the Buyer an e-mail (via the address provided by the Buyer on the order page) with confirmation of payment and a summary of the order.
5. If this is a new customer, VICITRA then sends the Buyer confirmation of the creation of their customer account on the Site (allowing them to manage orders).
• If applicable (if applicable in the specific conditions of the Service), VICITRA also sends a final email containing information allowing the Buyer to join the online program they have just purchased as well as the link allowing them to join a VICITRA discussion group on TELEGRAM.

Article 4: Prices and accepted means of payment.

1. All prices indicated on the Site are prices in euros including VAT.
2. During the period of validity mentioned in the offer, the prices of the Services offered on the Site are not increased, except for price changes resulting from changes in the applicable VAT rates.
3. VICITRA accepts the following payment methods: Visa, MasterCard, American Express, Discover, Diners Club, JCB as well as several of the payment methods present on the site offered by its payment service provider, namely STRIPE.

4. Transaction data is encrypted with SSL technology.

Article 5: Right of withdrawal (only applicable to consumers).

1. When a Consumer places an order on the Site, from VICITRA the rules of the Belgian Economic Code regarding the right of withdrawal apply, namely, the consumer has the right to withdraw from the contract within 14 days following its conclusion without giving reasons.

2. If a Consumer withdraws from an order, he or she will be reimbursed by VICITRA only by online transfer to the account indicated in his or her order without delay and, in any event, no later than 14 days after VICITRA has been informed of its decision to withdraw from all payments made at that time.

For contracts also concerning goods (e.g. books on physical media), the reimbursement will be made within 14 days after receipt of the undamaged good by VICITRA.

The refund includes all the Buyer's costs for the order concerned including delivery costs unless the consumer has chosen a more expensive delivery method than the standard delivery method (the cheapest) then the excess will not be refunded by VICITRA.

Any costs relating to the return of goods to VICITRA by the Buyer and the costs owed to VICITRA for the Service provided until the moment the consumer has exercised his right of withdrawal (after having requested that the service contract begin but before the end of the withdrawal period) are borne by the consumer who exercises his right of withdrawal.

3. For contracts for the supply of digital content not supplied on a material medium, if execution has started, VICITRA pays an amount which is proportional to what was supplied up to the moment it was informed of the exercise the right of withdrawal in relation to all the services provided for in the contract. (Article VI.53 paragraph 3 of the Code of Economic Law.)

4. To exercise his right of withdrawal, the Buyer must inform VICITRA (by ordinary mail: Vicitra srl – rue Washington 107 – 1050 Ixelles, or by e-mail contact@vicitra.yoga) of his decision to withdraw from the contract at by means of an unequivocal declaration. The consumer can use the model withdrawal form below (use of this form is not obligatory):

“To: Vicitra srl – Rue Washington 107 – 1050 Ixelles, e-mail: contact@vicitra.yoga
I/we (*) hereby inform you/you of my/our desire (*) to terminate the Sales Agreement for the following Services:
– Ordered/received on
- Name
- Address
– Signature (only if the form is sent on paper)
-Date
– Account on which to make the reimbursement:
(*) = delete unnecessary information »

Article 6: Quality of Services provided or content provided.

1. VICITRA is bound by an obligation of means towards the Buyer for the execution of any order placed by him on the VICITRA Site.

2. VICITRA undertakes to do everything possible according to the rules of the art and in good faith to carry out the order in accordance with the Buyer's expectations, taking into account the specifications of the Service, the digital content or possibly goods accompanying a service ordered on the Site.

3. VICITRA is never required to implement means of a disproportionate nature with regard to the objective to be achieved.

4. The Buyer understands and accepts that if a defect or difference between the description of the Service, the digital content or possibly the good accompanying a service ordered on the VICITRA Site is minor, he or she cannot demand reimbursement for this Service.

Article 7: Legal guarantee (only applicable to consumers).

1. (Attention: Applicable only to consumers with regard to the sale of consumer goods as well as for Digital Content and Services)
Consumers benefit from the two-year legal guarantee period which applies in the event of non-conformity of Services or digital content or material goods. Once a defect has been noted, the Consumer must report it to VICITRA within two months of the discovery.
This means that in the event of defects in conformity discovered by a Consumer up to 2 years following their supply or delivery and reported to VICITRA within a reasonable time from the moment the lack of conformity is noted, the latter has the simplified possibility of requesting compliance of the service or good or a replacement and if this is not possible a proportional reduction in the price and in certain cases the termination of the contract (only if the defect is not minor – see also point 7.4). The Consumer can contact VICITRA preferably by email at the address: contact@vicitra.yoga

2. If the defect is noted within the first 24 months, the defect is presumed to have existed since delivery. The seller must prove otherwise if he disagrees. If the observation is made more than 12 months after delivery, the consumer is required to prove the existence of the non-conformity at the time of delivery.

Article 8: Limitation of liability.

1. VICITRA is only liable for direct damage caused to a Buyer due to serious or intentional misconduct on its part in the performance of its obligations. VICITRA is never responsible for any consequential or professional damages, or any indirect damages, in particular cases of loss of profits.

2. The Buyer acknowledges sole responsibility for all consequences and all risks which could be linked, either directly or indirectly, to the material conditions of the place where he practices or to the execution of the remote yoga exercise. . (VICITRA cannot physically verify the practice and environment of the Buyer who practices remotely).

3. The Buyer generally acknowledges being aware that the physical activities offered by VICITRA through teaching, training, content or online courses (live or pre-recorded) or during face-to-face courses require to pay particular attention to their limits and their health conditions. The Buyer must practice with kindness, never force, respecting his limits in order to avoid any risk of injury, accident or discomfort.

4. The Buyer understands that VICITRA does not guarantee any medical or sporting results. The results obtained vary from person to person and vary depending on each person's physical differences and the frequency of practice.

5. In the event of damage (even indirect, including loss of profit) during the practice of Yoga, particularly in the context specified in points 8.2 to 8.4 (except in the event of serious or intentional misconduct on the part of VICITRA), the Buyer undertakes to ensure that neither he/she, nor his/her relatives, nor, where applicable, his/her legal representative accuses and/or claims any damages from VICITRA, its collaborators or its beneficiaries and holds VICITRA out of harm's way. cause in such proceedings or claims.

Article 9: Case of force majeure.

1. The Buyer acknowledges that VICITRA is exempt from all liability and cannot be required to pay him any damages (including indirect or in connection with a loss of profit) in the event of an unfulfilled obligation, in whole or in part, or delayed following a case of force majeure (e.g. unfavorable weather conditions, accident or material impossibility for a teacher to provide training, including following an illness or death), measures taken by a competent authority (e.g. : obligations in the event of a Pandemic) as well as any other facts of third parties or over which VICITRA has no control (for example connection problems linked to the Services of a network provider).
2. If VICITRA is presumed to be in one of the cases provided for in the preceding paragraph, the Buyer acknowledges that VICITRA's obligations are suspended at least for the duration of the generating event and that VICITRA will not have to establish unforeseeability, nor the irresistibility of the event, nor the impossibility of performance of the contract.
3. If VICITRA is presumed to be in one of the cases provided for in the preceding paragraph, VICITRA will offer to the Buyers concerned, to the extent possible and what is reasonable taking into account the nature of the service and the uses of its sector, a replacement service at a later date or will proceed (at its own discretion, according to its assessment of the situation and without prior notice) to the termination of the orders concerned. This possible termination will take effect from the moment the exemption case began. In this case, the Buyers concerned will not be able to claim any reimbursement for services not performed by VICITRA from that moment on.

Article 10: Duration of the Services and possibility of termination by a Buyer.

1. The duration of the Services is indicated on the Service description pages and shown on the Order pages. A fixed-term contract can only last 2 years (maximum).
2. The ordered content can be viewed by the Buyer only for the duration mentioned on the specific order page for the service at the time it was ordered.
3. The viewing of replays may be extended by VICITRA for each specific product to a longer duration, subject however to the modifications that VICITRA may make to them as provided for in article 5.3 of its general conditions of use.
4. The Buyer may, if it is a subscription of indefinite duration, terminate the contract for the entire duration of the contract via his User account on the VICITRA Site. Termination takes immediate effect if the request is made by a Buyer during the trial week. In all other cases, termination takes effect on the anniversary date of the renewal of the Buyer's subscription.

Article 11: Causes that may lead to the termination of an order by VICITRA.

VICITRA reserves the right to immediately terminate (without prior warning or formal notice) an order placed by a Buyer as well as to immediately terminate or suspend access to the Site and, where applicable, to the VICITRA discussion group on Telegram (for a temporary or permanent duration) if the Buyer finds himself in one of the cases listed below:

has. Generally speaking, when a Buyer does not respect its obligations towards VICITRA under the law or commits a serious violation of its contractual commitments towards VICITRA which are included in these general conditions of sale or in VICITRA's conditions of use that he or she explicitly accepted when finalizing his or her order;

b. As part of a subscription or other Services where payment is made in several installments, if it turns out that the payment request made by the payment service provider or VICITRA's bank has been refused and that the Buyer does not make payment within 7 calendar days after being contacted by VICITRA;

vs. If VICITRA discovers that the Buyer is a minor or provides VICITRA with inaccurate information (article 3.1);

d. If the Buyer is a legal entity, in the event of bankruptcy or judicial restructuring.

In the case provided for above, the Buyer will not be able to claim any reimbursement from VICITRA for the part of the order not yet executed and may (if applicable);

e. Case of force majeure (article 9);

f. Violation by a Buyer of VICITRA's intellectual property rights (article 14).

Article 12: Cancellation policy.

1. If a Buyer has registered for training or teaching provided live by VICITRA and cannot participate, he or she automatically has access to the replay but the missed session will be taken into account (he or she will not be entitled to a live replacement session).
2. As an exception to what is provided for in the previous point, online courses (coherence program) are offered live only without the possibility of replay. There are 14 weekly courses which can be accessed by logging into your personal space on the VICITRA Website and on condition of having previously registered in the Cohérence program. Registrants must read the online course schedules and ensure that they are able to participate before registering for the Cohérence program. In the event of a missed session, the Buyer will not be entitled to a replacement session.
3. For events organized in person VICITRA works with a deposit system. If a person cannot participate in an in-person event for which he or she is registered, he or she will not be eligible for a replacement event or reimbursement of the deposit paid to VICITRA for the booked event.

Article 13: Execution by third parties

1. The Buyer acknowledges that VICITRA has the right to involve third parties in the context of the execution of the Services offered on its Site (stakeholders, collaborators, guests).

2. All clauses concerning the exclusion or restriction of liability of VICITRA and the exemption of VICITRA for claims of third parties are stipulated for the need of the persons, both in the service of VICITRA and of third parties, for whom VICITRA may be liable by their actions or their shortcomings.

Article 14: Intellectual Property

1. The Buyer expressly acknowledges and undertakes to respect all intellectual property rights which concern the content to which he or she will have access during his or her visit to the Site and/or as part of his or her order for a Service, in particular those which arise from the provisions relating to copyright and related rights of the Belgian economic law code (Title 5 of Book X) of VICITRA and/or Marc BEUVAIN or third parties who have granted them a license.

By content : VICITRA refers in particular (non-exclusive list): to live videos/recordings, to replays and/or pre-recorded content regardless of the medium, to additional content such as books, manuals or translations provided by VICITRA on digital media or physical to Users who are linked to its Services as well as any other information or documents provided by VICITRA to the Buyer via their User Account on the Site and/or via the VICITRA discussion group which would benefit from protection according to the law.

The Buyer expressly acknowledges and undertakes to respect the rights attached to the registered trademarks or trade names or company names operated by VICITRA and/or by Marc BEUVAIN as part of the services offered by VICITRA.
2. Unless prior written authorization from VICITRA and/or Marc Beuvain providing for a written, specific and prior exemption, the Buyer acknowledges that he or she can only use said content (described in the previous paragraph) only within the framework of its use personal, excluding any commercial exploitation and in accordance with the specific conditions of the Service ordered.
3. The Buyer acknowledges that his access and use of the content within the framework of an order never entails any transfer of the intellectual property rights of VICITRA and/or Marc BEUVAIN or of third parties having granted them a license/assignment from his view.
4. The Buyer who has violated one of the intellectual property rights or has infringed a brand, of VICITRA or used its commercial name without its authorization will be immediately indebted to VICITRA and/or to Marc Beuvain or the third parties who have granted them a license (depending on the case) of a lump sum of 2,500 euros per offense and per day or the offense continues without formal notice or prior warning. This is without prejudice to any possible additional damages which could be claimed by VICITRA and/or from Marc Beuvain or third parties who have granted them a license for all direct and indirect damages suffered in connection with the violation(s) observed and which would exceed this amount.

Article 15: Protection of personal data.

1. VICITRA processes the personal data of Buyers in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of this data and repealing Directive 95/46/EC (hereinafter the general data protection regulation or “GDPR”) as well as the law of July 31, 2018 relating to the protection of natural persons with regard to the processing of personal data and its Privacy & Cookies Policy available via the link:https://vicitra.us/politique-de-confidentialite-2/

2. For information purposes and in accordance with VICITRA's privacy and cookies policy, in the context of orders placed on the Site, personal data are processed by VICITRA in order to enable it to meet its contractual or pre-contractual obligations. towards the Buyer and in order to meet its legal obligations (in particular in matters of accounting or taxation). If the Buyer does not object, his email address may be used by VICITRA to send him emails regarding similar Services. (The Buyer is informed of this possibility and of the ability to object to it on the order page and then via an unsubscribe link in each email).

3. For information purposes and in accordance with VICITRA's privacy and cookies policy, the personal data of Buyers are not kept for longer than the period necessary to allow VICITRA to execute its contractual or pre-contractual and legal obligations arising from of the order or to defend its interests in the event of litigation. The email address of a Buyer who does not object to receiving emails from VICITRA for similar services may be kept by VICITRA for a longer period but which does not exceed 10 years after the date of the order.

4. For information purposes and in accordance with VICITRA's privacy and cookies policy, Buyers' personal data are not transferred to third parties except to the extent that this is necessary to enable VICITRA to perform its contractual obligations. and legal and are stored securely. The list of subcontractors and technical and organizational measures taken by VICITRA are available on request.

5. To exercise their rights, Buyers can contact VICITRA by sending an email to the following address: privacy@vicitra.yoga This is without prejudice to Buyers who are not satisfied with VICITRA's response to file a complaint with the Data Protection Authority: contact@apd-gba.be

Article 16: Complaints, applicable law, interpretation and competent jurisdictions

1. If a Buyer wishes to file a complaint regarding the Services, he or she may contact VICITRA by sending an email to the address contact@vicitra.yoga or he describes the Services concerned, his requests and identifies himself. VICITRA undertakes to process the complaint within one month of receipt of the complaint. (Obligation of means) Except in cases of possible application of the right of withdrawal or the legal guarantee, any request for complaint must be submitted within 8 calendar days following the observation of the facts which give rise to the complaint, otherwise the request is considered by VICITRA to be time-barred.

2. Belgian law is exclusively applicable to the interpretation and application of these general conditions of sale of VICITRA, to the exclusion of any other legislation.

3. In the event of difficulty in interpretation, the French language version of these general conditions of sale takes precedence over any other version in another language.

4. In the event of disagreement, the parties will always first try to find an amicable solution. All disputes relating to or arising herefrom are subject to the exclusive jurisdiction of the Belgian courts and tribunals of the judicial district of Brussels.

5. (Attention: Applicable only to consumers) In the context of extrajudicial dispute resolution, the Consumer Mediation Service set up by the Federal Government is competent to receive any request for extrajudicial resolution of consumer disputes. This service will process the request itself or transfer it to the qualified entity. You can contact the Consumer Mediation Service via the following link: http://www.mediationconsommateur.be//fr  

In the event of a cross-border dispute (Only for Consumers), the Buyer can contact the “Online Dispute Resolution” Site of the European Union via the link: https://ec.europa.eu/odr