Terms and conditions
Table of contents
– Article 1: General information
– Article 2: Definitions
– Article 3: Conclusion of the Contract – Application form
– Article 4: Entry into force and term of the Contract
– Article 5 : Modification of a substantial element of the Contract
– Article 6: General rights and obligations of GOBOX
– Article 7: General obligations of the Customer
– Article 8 : Right of withdrawal for the consumer customer
– Article 9: Registration for sessions – right of access – cancellation
– Article 10 : Invoicing
– Article 11 : Invoice dispute
– Article 12 : Cancellation by GOBOX
– Article 13 : Liability of GOBOX
– Article 14 : Method of communication
– Article 15 : Proof
– Article 16 : Insurance
– Article 17 : Website
Article 1: General information
1.1.
The GOBOX SRL is registered with the B.C.E. under number 0776.986.727 and its registered office is established at 1050 Ixelles, Chaussée de Wavre, 88A (hereafter: ‘GOBOX’). It is registered for VAT under number BE0776.986.727.
GOBOX is a limited liability company, active in the operation and management of sports centres and facilities, including in particular the operation and management of gyms, fitness centres and body-building centres.
GOBOX also aims to offer its customers comprehensive support in terms of sport, well-being and nutrition.
The present general conditions are applicable to the ‘workout sessions’ service offered by GOBOX, to the use of its website www.gobox.be (hereafter: ‘the website’) and the GOBOX application by the customer.
1.2.
The details of the ‘workout sessions’ service offered by GOBOX can be consulted on its website (membership, payment, booking, organisation of coaching, modification or cancellation of bookings, etc.).
Under no circumstances is it a question of organising a boxing match or any other equivalent or similar activity.
The service is also subject to internal regulations and/or instructions for use, which constitute an appendix to these general terms and conditions and therefore have the same status.
Together they form the Contract of which they are the components.
1.3.
In the event of any conflict or inconsistency between the elements of the Contract, the following descending order of priority shall apply:
- The individual information given by GOBOX (web information, mailing, personal e-mail, etc.)
- Applicable regulations and/or instructions for use;
- General terms and conditions.
1.4.
The Contract must be interpreted and applied from the point of view of the objective of the ‘workout sessions’ service, i.e. to maintain the health, both physical and mental, of its members and, in general, their well-being.
Consequently, the customer undertakes to work for his or her own health and safety, but also that of other customers, GOBOX coaches and, in general, anyone present in the GOBOX centre(s).
1.5.
The customer is bound by these general conditions by registering, without reservation, for the ‘workout sessions’ service.
They will also be asked to tick the box ‘I agree with the general terms and conditions of which I have been made aware’.
If there is no reaction within seven (7) days of the General Terms and Conditions being communicated to the Customer, this shall be deemed to be acceptance without reservation.
In order to concentrate the standards in force, the internal regulations are annexed to these general conditions.
GOBOX recommends the customer to keep a paper copy of the elements of the contract.
Article 2: Definitions
For the purposes of these General Terms and Conditions, the following definitions shall apply:
- Customer: Any person, consumer or professional, having submitted a membership application, subsequently accepted by GOBOX.
- Customer consumer: Any customer natural person having introduced its request for adhesion at ends which do not enter within the framework of its professional activity;
- Professional customer: Any customer who is not a consumer customer;
- User customer: customer paying the consideration for registration for one or more sessions (single workout, 2-session, 2-week Unlimited, 5-pass 10-pass, 20-pass, 50-pass Flex Unlimited, 1 year Unlimited…);
- Contract: The set formed by the general conditions, the house rules and/or the instructions for use as well as the individual information given by GOBOX;
- Membership: Adhesion to any pass or subscription sold at GOBOX;
- Price: All the prices relating to the ‘workout sessions’ service, as communicated prior to the conclusion of the Contract;
Article 3: Conclusion of the Contract – Application for Membership
3.1.
No person can take part in a session provided as part of the ‘workout sessions’ service without subscribing or purchasing access, which is then accepted by GOBOX.
No person suffering from epileptic seizures can be admitted, so that his application will be automatically rejected by GOBOX.
3.2.
At the time of the introduction of the request for adhesion, the interested person will personally provide to GOBOX the exact information requested by this last, including an identity document, the electronic address and the telephone number with which it wishes that GOBOX communicates within the framework of the contractual relation.
The interested party must also make the following sworn declaration:
‘I declare on my honour that I am in good physical health or, failing that, that I undertake to inform a coach or supervisor at GOBOX of any new or pre-existing physical/health problem that I encounter before the start of each session in which I take part. I am in no way subject to epileptic seizures’.
Minors must provide GOBOX with written parental authorisation. This authorisation must relate to (i) the application to join GOBOX and (ii) participation in the sessions provided as part of the ‘workout sessions’ service.
An electronic or paper copy of these elements will be written upon signing up for a membership request to GOBOX.
If the above elements are not provided, the membership application will be automatically rejected by GOBOX.
3.3.
The customer is the only one responsible for the information thus transmitted and will inform GOBOX immediately and in writing (by electronic way) of any change intervened before or during the execution of the Contract.
In addition, GOBOX reserves the right to ask the customer, during the execution of the contract, for additional relevant information or an update of that already provided. The customer will then have a reasonable time in order to answer the request of GOBOX.
3.4.
GOBOX reserves the right to refuse a membership application, however advanced the pre-contractual procedure, without being liable to pay any compensation, for one or more of the following reasons:
- The interested party does not provide or provides incomplete/erroneous official documents required or expressly requested (identity document, e-mail address, telephone number, parental authorisation, etc.);
- The interested party has already submitted a membership application, which has been accepted by GOBOX ;
- The interested person does not respect the obligations which fall to him under another contract concluded with GOBOX;
- In the event of obvious fraud or serious doubt as to the solvency of the person concerned;
- When the ‘workout sessions’ service cannot be provided or postponed due to circumstances beyond GOBOX’s control (Force majeure, government measures, etc.);
- The interested party’s membership has already been terminated by GOBOX.
3.5.
In the event of refusal of a membership application by GOBOX, GOBOX will notify the interested party, provided that a valid means of communication has been provided.
The interested party has no right of appeal against a decision to refuse membership. However, he/she may submit a new application for membership subject to the same conditions.
3.6.
In the event of refusal of the application for membership by GOBOX, the interested party will not be bound by any of the conditions of the Contract unless otherwise stipulated of which the latter will have been made aware in advance.
Article 4: Entry into force and duration of the contract
4.1.
Except contrary stipulation, the Contract will come into force the day of the acceptance by GOBOX of the request for adhesion of the interested person. This one will assume as of this moment the quality of ‘customer’.
The acceptance of GOBOX will be notified to the Customer.
The Customer will then receive his/her user name and password (which can be changed at his/her discretion).
The Customer undertakes to keep his username and password secure at all times.
4.2.
The Contract is concluded for a fixed term. It terminates at the end of the contractually agreed term mentioned on the website and may vary depending on the adhesion type taken by the Customer.
4.3.
Unlimited membership is concluded for a period of twelve (12) months of full payment (excluding the 4-week pause if the client avails of this) and is automatically renewed unless the Customer gives notice of the end of the membership in writing (electronically) at least 30 days before the expiry date.
The Customer will be given reasonable notice of the automatic renewal.
4.4.
If the Customer wishes to terminate the contract before the end of the contract period, the Customer will be required to pay 100% of the remaining value of the contract.
4.5.
Customers with a multi-session pass must use their sessions within the period following their purchase:
- 10 sessions: 6 months after first session
- 20 sessions: 1 year after first session
- 50 sessions: 2 years after first session
If the customer does not use the remaining sessions within the period mentioned above, the pass officially expires and GOBOX is under no obligation to extend the validity of the pass.
Article 5: Modification of a substantial element of the Contract
5.1.
GOBOX can modify a substantial element of the Contract by notifying the Customer of the modification, in writing and at the latest one month before the entry into force of the modification(s).
5.2.
The Customer who does not accept the modification(s) may terminate the contract without cost or compensation, at the latest on the first day of the month following the entry into force of the modification(s).
In this case, GOBOX will not be liable to pay any compensation to the Customer.
Article 6: General rights and obligations of GOBOX
6.1.
Unless otherwise stipulated, GOBOX’s obligations are qualified as obligations of means.
6.2.
In the event of a problem encountered by the Customer during the performance of the contract and reported to GOBOX in accordance with Article (7.4.), the latter undertakes to implement the means reasonably necessary to resolve the Customer’s problem as soon as possible.
6.3.
The presentations of the service ‘Workout sessions’ present on the website or any other means of communication do not guarantee in no case an identical offering during the sessions of the customer.
In the same way, GOBOX can modify unilaterally the service ‘Workout sessions’, in a measured and appropriate way, in the event of unforeseen circumstances or others escaping the control which the Customer can reasonably expect from it.
Article 7: General obligations of the Customer
7.1.
The Customer commits himself benefiting from the service ‘Workout sessions’ in accordance with the standard of the prudent and diligent individual placed in the same circumstances and that in the respect of the provisions of the Contract, any applicable law, the public order, the good morals and possible particular instructions (non-exhaustive examples: instructions of use of a punching bag, bikes, reformers, other xsports material, or instructions of the coach animating a session).
He will take particular care of the equipment used, made available by GOBOX, and will behave with the other people present at the same time as him in accordance with the objective of well-being of oneself and others promoted by GOBOX.
He will compensate GOBOX for any damage which would occur in his head following the non-observance of the aforementioned standards.
7.2.
Except contrary and express stipulation, it is forbidden for the Customer to place at the disposal or transmit its adhesion with a third with the contract, in a direct way, indirect, in whole or partly.
7.3.
The Customer recognizes that the services proposed by GOBOX are subjected to elements foreign to this one and, consequently, accepts that the adaptations judged necessary by GOBOX are carried out by this one unilaterally with a view to the good execution of the service.
Such an adaptation will not be regarded as a modification of a substantial element of the Contract in such a way that the Customer will not be able to prevail himself of it in order to obtain an unspecified compensation or cancellation of the Contract.
7.4.
In the event of a problem encountered by the Customer during the performance of the Contract, the Customer must immediately notify GOBOX electronically (hello@gobox.be) or by telephone (General: +32 471 78 03 21).
7.5.
By concluding the Contract, and unless expressly stipulated otherwise, the Customer undertakes not to organise, finance or, in any general way whatsoever, set up services identical or similar to those offered by GOBOX.
This prohibition applies to the territory of the European Union and for a period of three (3) years from the date of conclusion of the Contract.
Article 8: Right of withdrawal of the consumer customer
8.1.
In accordance with the legal provisions in force, the Customer can cancel his purchase within a period of 14 calendar days provided that the contract was concluded at a distance or outside the establishment of GOBOX. This applies as long as the customer has not yet activated his contract by going to a session.
GOBOX’s place of business is located at :
- Rue Juste Lipse, 25, 1000 Brussels
- Quai du commerce 48, 1000 Brussels
This period begins on the day the Contract is concluded.
8.2.
Consumer customers who exercise their right of withdrawal must do so in writing, either by sending the withdrawal form available on the FPS Economy website (https://economie.fgov.be/sites/default/files/Files/Forms/Formulaire-de-retractation.pdf), or by means of a simple, unambiguous statement setting out their decision to withdraw from the Contract.
8.3.
Provided that the legal requirements set out above have been complied with, the Consumer Customer’s right of withdrawal will be exercised without reason or compensation.
The only costs that may be charged to the Consumer Customer are, on the one hand, the costs of returning any items accessory to the service received and, on the other hand, any transaction costs including the refund fee.
8.4.
In the event of a valid exercise of the right of withdrawal, the former consumer customer will not be bound by any of the conditions of the Contract unless otherwise stipulated, of which the former consumer customer will have been made aware in advance.
Article 9: Registration for sessions – right of access – cancellation
9.1.
Once their membership has been validated, the Customer may register at any time for the session in which they wish to participate via the www.gobox.be website, the Bsport platform or on the GOBOX application, subject to availability and payment of the access fee.
Sessions last a maximum of 50 minutes.
9.2.
The right of access to one or more sessions is priced on the website and can be adapted at any time.
The timetable and types of sessions can also be adapted at any time.
Depending on the timetable (so-called ‘free’ sessions), the customer may also access the workout rooms and use the equipment without the supervision of a trainer.
9.3.
Purchases are made via the www.gobox.be platform, the GOBOX app, the Bsport platform or on site. The purchase is recorded on the platform under the customer’s user name.
9.4.
Given the availability of sessions, the payment of an access fee does not guarantee that the customer will necessarily have access to a particular session.
Sessions are filled on a ‘first come, first served’ basis.
9.5.
If, for any reason, a session has to be cancelled by GOBOX, the latter will notify the customer and the access fee paid (excluding unlimited access) will be credited to the customer’s account on the www.gobox.be website, the Bsport platform or the GOBOX application.
9.6.
The Customer may cancel his registration free of charge no later than 6 hours before the session.
The cancellation must be made from the website www.gobox.be, the Bsport platform or on the GOBOX application, failing which it will not be taken into account.
In the absence of a valid cancellation, the penalties will be as follows:
- Cancellation less than 6 hours before the start of the session is not permitted. The credit used will be lost.
- If you have an Unlimited / Flex Unlimited subscription, a no-show / late cancellation fee of €5 will apply.
9.7.
When you are added to the waiting list, you will automatically be added to a session when a place becomes available. You will receive a booking confirmation email when you are added to a session, so be sure to check your email.
The client will only be automatically added 60 minutes or more before the start of the session.
Article 10: Invoicing
10.1.
Unless otherwise stipulated, each right of access purchased, in the form chosen, will then be the subject of a single invoice issued for acknowledgement.
10.2.
The invoice includes details of the items purchased.
10.3.
Flex Unlimited and Unlimited subscriptions are invoiced monthly. Flex Unlimited subscriptions may be cancelled by sending an email to hello@gobox.be no later than 14 days before the next billing date. Unlimited memberships are full one-year contracts. Cancellations of an Unlimited subscription before the end of one year will result in payment of the remaining months to complete the 12-month period. Memberships are automatically renewed for a further year after a one-year period.
Article 11: Invoice disputes
11.1.
The Customer has 7 calendar days in which to contest the invoice. Failing this, the invoice is irrevocably deemed to have been accepted.
11.2.
The dispute must contain the amount and the number of the disputed invoice, failing which it will be automatically considered as inadmissible.
Article 12: Termination by GOBOX
12.1.
GOBOX may terminate the Contract immediately, without prior notice and without any compensation or refund (right of access to use, unlimited access, etc), in the following cases:
- It appears that the customer is under 16 years of age;
- It transpires that the minor customer aged over 16 did not have or no longer has the required parental authorisation;
- The Customer has more than one membership;
- The medical questionnaire has not been completed correctly or changes in the Customer’s state of health have not been reported by the Customer;
- The Customer’s contact details have been changed and the Customer has not reported this/these change(s);
- The Customer has committed fraud, serious misconduct or minor misconduct on more than one occasion;
- The customer is in a situation of collective debt settlement, cessation of activity, bankruptcy, judicial reorganisation or liquidation;
- The customer has provided an incorrect or false identity;
- The actions of the Customer are likely to make negative publicity with GOBOX or to damage, in a generally unspecified way, its reputation, its other customers, its material, its partners, its workers or its representatives.
12.2.
In the event of termination for one or more of the aforementioned reasons, GOBOX will notify the Customer as soon as possible, mentioning the reason(s).
The Customer has no right of appeal against a termination decision.
He can nevertheless introduce a new request for adhesion subjected to the conditions mentioned in the present general conditions.
Article 13 : Responsibility of GOBOX
13.1.
The contractual responsibility of GOBOX will be only committed in the event of heavy contractual fault, of fraud, of usual light faults or in the event of non-fulfilment of an essential or substantial obligation.
The customer has the burden of proof of this fault.
Under no circumstances will an element relating to the services of a third party partner or another Customer (coach, Bsport platform, etc.) or the loss/theft of a personal object left, or not, in the lockers be considered as a fault which could engage the contractual liability of GOBOX.
13.2.
GOBOX’s contractual liability is limited to compensation for foreseeable, direct, personal and certain damage suffered by the Customer, to the exclusion of any indirect or immaterial damage (loss of earnings, additional expenses, loss of profit, loss of clientele, damage caused to a third party, etc.).
It is capped at :
- €2,500,000.00 for material damage and consequential non-material damage;
- €250,000.00 for pure non-material damage.
The customer shall bear the burden of proof for this damage.
13.3.
No limitation of liability applies in the event of physical injury or death attributable to GOBOX or in any other case not authorized by Belgian legislation.
Article 14 : Mode of communication
14.1.
GOBOX will communicate with the customer by means of information published on its website, transmitted by electronic mail and, in a general way, any generally unspecified mode of communication in writing (instant messaging, sms, etc).
The date of receipt of this communication will be the date on which the information is posted on the website or the date on which the communication is sent in writing to the address provided by the customer (electronic or postal).
14.2.
The customer will communicate with GOBOX only by electronic mail or by registered mail with acknowledgement of receipt.
The date of reception of this communication will be that of the sending of the communication by electronic mail or then that included in the slip of reception signed by GOBOX of the registered mail.
Article 15: Proof
Proof of the performance or lack of performance of one or more obligations arising from the Contract may be administered by any legal means, including electronic communications, data or overviews from the GOBOX system, the customer or third party partners.
Article 16: Insurance
16.1.
GOBOX has in particular an insurance objective liability and civil liability exploitation.
16.2.
The customer will be responsible, during all the execution of the contract, for all its facts.
To this end, the customer has or undertakes to take out, at its own expense, and to maintain in force throughout the performance of the Contract, insurance covering its civil liability for all types of damage, whether physical, material or immaterial, direct or indirect, caused by its actions.
The customer will have to prove his subscription at the first request of GOBOX.
Article 17: Website
17.1.
The entire content of the www.gobox.be website and the system through which the content is accessible are the exclusive property of GOBOX and, to a certain extent, of its third party partners.
17.2.
The customer commits himself not using the website at ends which are not exclusively private, except authorization express of GOBOX.
17.3.
The website is an integral part of the ‘GOBOX’ brand.
The brand names of products, services and names of third party partners mentioned or displayed on the website are also covered by property rights held by the partners.
17.4.
The website is made available as it appears online.
GOBOX undertakes to draft and administer the website with the greatest care and to carry out the necessary updates.
It is an obligation of means and not of result so that, in particular, GOBOX cannot guarantee that the information, in the broad sense, which is included, with the exception of the description of the service offered and its price, are free of any error.
