Application and opposability
The present Terms of Sale (hereinafter: “TS”) govern the relationship between EKV BV, a company incorporated and existing under the laws of Belgium, with registered offices at D'Haenestraat(HEU) 34, 9070 Destelbergen listed in the Belgian Trade and Companies Register under 1008.800.493, (hereinafter “ ROW”) and its clients (hereinafter: “Clients”).
These TS are applicable to all services, products, offers, orders, contracts and invoices rendered or issued by ROW to the Client, unless otherwise agreed in writing. ROW is only bound by the conditions set out in these TS and ROW’s General Terms of Use. The application of any other conditions is excluded. This applies in particular to any written or oral communication or negotiation preceding the acceptance of an order.
By purchasing any product or service of ROW, the Client explicitly confirms to have read and accepted the TS without any reservation. ROW reserves the right to modify these TS at any time, without any prior warning, in order to comply with the (changing) legal obligations or to improve our service for you. Each time the Client wishes to place an order, he or she must ensure to have read and understood the TS applicable at the time when he or she enters into an agreement with ROW.
If you should have any questions or complaints concerning the present TS, please contact ROW at the following address hello@rowreformer.com.
1. Purchasing ROW’s products and services
Purchasing products or services. ROW offers the possibility to purchase any products or services offered on the website www.rowreformer.com (the “Website”), on the ROW application (the “Application”) or at the front desk of ROW Ghent.
Pricing options and formulas. ROW offers different pricing options and formulas (drop-in, sessions pass, membership subscriptions, gift cards,…). The different formulas are accessible on ROW’s website under the “Pricing” section:
🡢 “drop-in” grants access to a single session. They are valid for one specific session and cannot be refunded if unattended.
🡢 “membership subscription” grants access to a limited number of sessions. They involve periodic payment.
🡢 “pass” grants access to a limited number of sessions. The number of sessions depend on the pass (e.g. 10-session, 20-session or 50-session passes). Their use can be limited in time.
Every purchase gives you access to our open gym and sessions in our studio, but excludes workshops or other special events.
The activation date of your pass is the date of the first session booked and not cancelled, even if not attended.
The activation date of your membership is the date of the purchase, when the payment is made.
Promotional offers can be subjected to specific terms.
In addition, ROW may offer tailor-made solutions for which pricing will not be available on ROW’s website but will directly be communicated by ROW to the client.
All purchases are definitive. ROW does not offer refunds on services or products for change of mind, injury, illness, change of address or any other reason. ROW however grants a suspension right subject to conditions set forth in article 3.4.
Fee increases. Fees may increase. Increase in fees applies to new passes or drop-in sessions only. With respect to the membership subscriptions, changes in fees shall only apply as from their automatic renewal, except as specifically stated otherwise in writing by ROW.
Gift cards. Gift cards can be redeemed for drop-ins, passes, subscription memberships, events or products. They are in no case redeemable for cash.
Age. To register or purchase from the ROW online booking system and to attend regular sessions, you must be over sixteen (16) years of age. Clients under sixteen years of age may only participate in dedicated sessions.
2. Conclusion of an agreement
Non-binding offers. The offers are always non-binding, unless otherwise mentioned in writing. Pricing options and formulas may change over time. Furthermore the offers are valid for maximum thirty (30) days unless otherwise stated by ROW.
Steps to conclude an agreement online. When it comes to online sales, each online purchase by the Client is wholly binding on the Client, but the sale is only final when a confirmation has been sent by ROW via e-mail. We advise you to save this confirmation e-mail. ROW reserves the right to refuse each sale without stating any reasons. After receiving the e-mail, an agreement (hereinafter the “Agreement”) is established between ROW and the Client.
Potential inaccuracies and errors. Any inaccuracies or alleged inaccuracies in the confirmation email must be reported by the Client in writing within eight (8) days from the date of dispatch of the confirmation email. If ROW is incapable of delivering a good or service, for example because the availability has expired or because of an error in the displaying of the price, ROW will contact the Client as soon as possible. If a product should no longer be available, ROW reserves the right to offer a replacement good to the Client of an equivalent quality and price. In case the Client has already paid the goods and does not wish to receive replacement good of an equivalent quality and price, ROW will reimburse the Client as soon as possible using the same payment method as the Client when placing the order.
3. Price and payment
Applicable price. The prices are indicated in euro (EUR), and include VAT. The prices are the prices applicable on the day of the offer, on the Website, the Application or in the studio, depending on whether it is an online or an offline sale.
Online sales. Regarding online sales, ROW will undertake the utmost effort to ensure that the payments will proceed as efficiently and safe as possible. To ensure this, ROW relies on the safe and reliable services of Webflow and Bsports. Webflow and Bsports provide ROW with an online e-commerce platform which allows ROW to sell the services on the Website and the Application.
Payment timing. The Client will pay the price when buying the products or services, unless specifically otherwise mentioned in writing. In case ROW and the Client explicitly agree that payment will not be performed at the time of the sale, the Client will receive further information from ROW concerning the timing and modalities of payment. The Client shall fulfill the requirements of which he or she shall be informed in order to fulfill his/her payment obligation. In any event, payment for all sessions, workshops and events must be received prior to the scheduled session, workshop and event date.
Payment means. Regarding online sales, the Client will perform his or her payment obligation by choosing one of the payment methods indicated when placing the order (such as Visa, Mastercard, Bank transfer, …). Regarding offline sales, the Client will perform his or her payment obligation by means of the payment methods indicated at the studio (such as for example Visa, Mastercard, Maestro).
Formulas involving periodical payments. Some of the formulas offered by ROW (for example monthly or yearly membership subscriptions), require payments to be made on a regular basis. In order to ensure that the Client does not experience any interruption, its subscription shall be renewed automatically on their expiration date unless terminated by written notice prior to expiration thereof. The renewals shall be conducted for a renewal period equal in time to the last valid subscription. In case of notice of termination, the notice shall be sent by email and shall only be deemed valid after the confirmation receipt has been sent by ROW to the Client. The Client is not entitled to cancel its subscription or obtain a reimbursement hereof, unless agreed otherwise in writing between parties. The Client agrees to approve such regular payment be made by credit or debit card on the dates predetermined and under the conditions stipulated in these TS.
Difficulties to process the periodical payments. It is the responsibility of the Client to ensure there are sufficient funds available to cover the payment. If a payment is declined due to insufficient funds, the transaction will fail. In case of rejected or refused payment, our policy is to reprocess the payment according to the following steps. First, the initial card will be reprocessed. Secondly, if failed, any other card registered under the member’s account will be processed. Thirdly, if failed again or if no other card could be found, the contract will be cancelled. ROW reserves the right to suspend the Client's membership or to prohibit the Client from attending sessions until the unpaid participations or negative balance are settled.ROW is in no way responsible for additional bank fees that may incur from the Client’s bank.
Non-payment or late payment. In case of non-payment or late payment or any other problem relating to the payment, the entirety of the payments owed to ROW shall become immediately due and payable by operation of law. This amount will be increased by operation of law with yearly interests of three percent (3%) of the originally owed amount.
Incorrect price. Regarding online sales, ROW will undertake all reasonable measures to ensure the correct presentation of prices of goods and services on the Website. Despite these efforts, it is still possible that certain goods mentioned on the Website are displayed with an incorrect price. If ROW discovers this error in pricing in the goods ordered by the Client, ROW will inform the Client thereof and offer to continue the sale at the correct price or allow the Client to cancel the sale. ROW will not process the order of the Client until ROW receives instructions from the Client. If ROW is incapable of contacting the Client via the contact information provided by the Client when placing the order, ROW will consider the order to be cancelled and ROW will inform the Client in written form.
4. Withdrawal right for online sales
Withdrawal right. Regarding online sales, the Client has the right to withdraw from the Agreement within fourteen (14) days without giving any reason. The term of withdrawal expires fourteen (14) days from the day of the conclusion of the contract.
Exercising the withdrawal right. To exercise his or her withdrawal right, the Client must inform ROW about his or her intention to withdraw from the Agreement by means of an unambiguous statement (e.g. a letter sent by post, or e-mail) in this regard. The Client can also use the model form attached to the present TS as Annex 1. To meet the withdrawal deadline, it is sufficient for the Client to send the aforementioned statement or communication concerning the exercise of the withdrawal right before the withdrawal period has expired.
Reimbursement. If the Client withdraws from this Agreement, ROW shall reimburse the Client all payments received excluding delivery costs from the latter without undue delay and in any event not later than fourteen (14) days from the day on which ROW is informed about the decision of the Client to withdraw from this Agreement. ROW will carry out such reimbursement using the same means of payment as the Client used for the initial transaction, unless the Client has expressly agreed otherwise; in any event, the Client will not incur any fees as a result of such reimbursement.
Exceptions to the withdrawal right. The Client can, as set forth in article VI.53 of the Belgian Code of Economical Law, not invoke his/her right of withdrawal in the following cases:
🡢 service contracts, after the service has been fully performed if the performance has begun with the Client’s prior express consent. Indeed, once the contract has been fully performed, the Client loses his right of withdrawal;
🡢 the supply of goods made to the consumer’s specifications or clearly personalised.
5. Attending the sessions
Booking policy
Sessions should be booked in advance. Spots are available for online booking every Monday at noon for the following two weeks, and it is possible to register either through the Website or Application. A maximum of 10 sessions can be booked in advance, including waitlists.
“Reserve” allows you to book a spot.
“Add to Waitlist” allows you to put your name on the waiting list in case the session is fully booked.
A notification is sent to you by email once you are confirmed at the session. You are confirmed at the session if (i) you booked a spot, or if (ii) after registration on the waitlist a spot becomes available for you.
Booked sessions are valid until 5 minutes before the session starts. Clients that booked a session are required to do the check-in at the front-desk by then. After those 5 minutes, your booking will be cancelled, and any spot left will be offered to members that have been added to the waitlist, or that are waiting at the front-desk.
6. Cancellation policy
If the Client can’t attend a session for which he/she booked a spot or has been added to the waitlist, the Client must cancel the booking in due time in order to make the spot available to other clients. Cancellations must be made via the Website or Application within 24 hours before a session. Cancellations will not be accepted via phone or email.
ROW insists that being on a waiting list for a session is like a commitment to joining that session. If the Client is waiting for a spot but has changed his/her plans in the meantime or can’t make it to the session, the Client must remove himself/herself from the waitlist in a timely manner.
Impact of the failure to cancel in due time. The ROW account status of the Client will be marked with a “Late Cancel” if the Client fails to cancel in due time, or “No Show” if the Client fails to cancel. Late Cancels and No Shows credits will not be reimbursed and are not subject to a refund.
In case of memberships, if the client has a No Showl, he will get a first warning. The second time, another and last warning will be given. For every other no show starting with the third no show, the client will automatically be charged a €5 penalty fee. Warnings are valid for 31 days on a rolling basis. In the case of Late Cancel your credit is lost and full class price is charged.
7. Studio(s) rules
Studio access. Clients booking open-gym sessions have complete access to our matstudio. They are free to train alone and unattended and use our facilities. Due to safety reasons the reformer machines cannot be used without supervision. All other equipment is available to use outside the class hours. Clients booking group fitness classes must arrive prior to the start of the start of the session as outlined in their booking confirmation. No late entry will be permitted. ROW reserves the right to refuse entry to the studio(s).
Sessions delivery. Every possible effort is made by ROW to deliver sessions and services on time as announced. However, the schedule is subject to change or cancellation, with notice when possible. ROW will refund, transfer or offer compensation of any kind for sessions that are changed or cancelled for any reason within 24 hours.
Studio security. ROW is not responsible for any loss, damage or theft of personal property within the studio(s).
Storage wall . A storage wall is provided free of charge. This can only be used to store your clothing and other personal belongings while attending a class. Our storage walll need to be emptied after you have attended class and can in no circumstance be used to store any belongings over day or overnight. Every item left in a locker for an extended period of time will be considered lost and transferred to our lost & found
Studio lost & found. All items found within our studios will be kept behind the front desk counter. It the lost & found items have not been picked up within a 14 days window, ROW reserves the right to send the items to a charitable organization.
8. Suspension Policy
Client’s right to suspend their membership. All Clients (except for discovery pack members) have the right to suspend their membership without any suspension fee being due under the following conditions:
The suspension can be requested once every calendar year maximum.
The suspension has to be taken in one go.
The suspension can be applied for any reason. Medical suspensions will fall under this policy (hereinafter “Medical Suspensions”).
The suspension request must mention a start and an end date. The suspension must be of minimum 1 weeks and maximum 4 weeks. Medical Suspensions can however be requested for up to 3 months upon submission of an official doctor’s note.
Requests for suspension must be made via hello@rowreformer.com with a 5-day notice period before the start of the suspension. For Medical Suspensions, the doctor’s note must be submitted maximum 10 days after the start date of the suspension.
ROW’s right to suspend its obligations. In case the Client fails to comply with its obligations under the agreement - including these TS as well as the Terms of Use – ROW will be entitled to suspend its obligations without this constituting a cancellation of the agreement. When the Client has executed its obligations, ROW will remain free to proceed with the execution of its contractual obligations without prejudice to any changes of prices and terms induced by this suspension. Moreover, in case of total or partial persistence of the deficiencies for a period of fifteen (15) days after the notice, ROW will be regarded as legally dissolved from any of its obligations to the prejudice of the Client.
9. ROW’s rights and liabilities
Intellectual property
Without prejudice to the Terms of Use of the Website and the Application, the Client acknowledges that ROW, or any company aligned with ROW, remains the exclusive owner of all intellectual property rights concerning all elements of the Website and the Application, and the services (this includes sessions, workshops, and any other activity organized by ROW). Furthermore, ROW remains the sole owner of the name, trade mark and logo used to sell the products and provide the services, whether online or offline.
10. Waiver and liability
ROW undertakes to make every effort to provide the services according to the rules of art and the highest level of professionalism (obligation of means). ROW cannot be held liable for any damage or theft inside or outside the premises/the studios. ROW shall in no event be liable for any material, immaterial or corporeal damage caused by a third party. ROW cannot be held liable for indirect consequential damages, including (but not limited to) loss of profits, loss of revenue, production limitations, administrative or personnel costs, loss of customers or claims by third parties.
The Client is only entitled to hold ROW liable in the event of damage resulting from ROW's intentional or grossly negligent breach of the Agreement, in the event of fraud or willful misconduct by ROWor personal injury or death caused by ROW. This waiver does not affect the statutory rights of the consumer.
ROW is not liable for technical problems that have an impact on the communication of information through its Website or Application. ROW is not liable to the Client for any modification, interruption, defect or termination of its Website or Application. Nor is ROW liable for websites referenced on its Website or Application.
In attending classes at ROW, you agree that neither you, your heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against ROW Studios or its members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise. I do not have a medical or physical condition that would prevent myself from properly using any ROW’s classes and facilities.
11. Personal data
Data accuracy. Every member ensures that the details provided on registration or at any time at ROW are correct and complete.
Processing of personal data. ROW processes and stores the personal data of the Client in accordance with the General Data Protection Regulation (EU Regulation 2016/679 of 27 April 2016) and all other applicable data protection legislation such as the Belgian Act of 30 July 2018 regarding the protection of natural persons in relation to the processing of personal data (“Applicable Data Protection Laws”), and as further detailed ROW’s Privacy Policy (www.rowreformer.com/privacy). The Client can ask any questions related to the processing of personal data by sending an e-mail to the following address: privacy@rowreformer.com.
12. Force majeure
Neither ROW nor the Client is liable for any delay or failure in performance of the Agreement, if it is due to force majeure. Force majeure shall be deemed to be what is generally considered by the case law of Belgian courts in this respect, and in particular any event beyond the express will of the parties which prevents the normal execution of the TS, including a total or partial strike within or outside the company, lock-outs, exceptional weather conditions, epidemics, blocking distribution or stocking for any reason, earthquake, fire, storm, flood, water damage, freezing of computer systems or telecommunication, theft, pandemic, …
The party invoking force majeure shall notify the other party thereof and shall take all reasonable steps to overcome the temporary force majeure situation.
Should the situation causing the force majeure last for a period of more than ninety (90) days, each party has the right to terminate the Agreement without any form of compensation payable to the other party.
13. Assignment
In the framework of providing products and/or services to the Client, ROW is entitled to enter into agreements with subcontractors (among other the teachers) for delivery hereof without prior consent of the Client. ROW can assign the Agreement or any part thereof to any person, firm or company.
All membership subscriptions are nominative and non-transferrable. They thus may not be shared. Anyone breaching this article will be denied entry and forfeit their membership permanently.
14. Miscellaneous
Failure or delay by ROW in enforcing or partially enforcing any provision of the TS shall not be construed as a waiver of any of its rights under the TS, now or in the future.
If at any time any provision of these TS are in any way illegal, invalid or unenforceable, or would become so under applicable law, this will not affect neither the legality nor the validity or enforceability of the remaining provisions of these TS and the Agreement, nor damage these in any way. ROW and the Client shall make all reasonable efforts and take all necessary measures to replace any illegal, invalid or unenforceable provision of these TS by a lawful, valid and enforceable provision having substantially the same economic scope for the parties and, to the extent permitted by law, contain the original intention.
The original version of these TS is written in English. In case of dispute these TS shall be construed and interpreted according to the text and spirit of the English version.
15. Applicable law – jurisdiction
These TS are governed by Belgian law.
Both parties undertake to first seek an amicable solution in case of any discussions or disputes regarding the application or interpretation of these TS before starting any legal proceedings.
The competent courts for disputes regarding these TS will be the courts of East-Flanders, unless otherwise imposed by mandatory statutory provisions.
ANNEX 1MODEL FORM OF WITHDRAWAL (Only fill in and send us this form if you want to withdraw from the agreement)
By mail: EKV BV, D'Haenestraat(HEU) 34, 9070 Destelbergen
By e-mail: hello@rowreform.com
I/We hereby give notice that I/We withdraw from my/our Agreement of sale of the following goods:_____
Ordered on _____/_____/_____ Received on _____/_____/_____ Name:_____ Address:_____
Signature of customer(s) (only if sent by mail)
Date: _____/_____/_____ DATA CONTROLLER
EKV BV.D'Haenestraat(HEU) 34
9070 Destelbergens
Belgian Trade and Companies Register n°1008.800.493
privacy@rowreformer.com
