TERMS AND CONDITIONS

Identity and Contact Information of the Company

Name: GrowthMotive
Commercial Name: Gear
Legal Form: Limited liability company (BV)
Headquarters: Excelsiorlaan 17, 1930 Zaventem (Belgium)
Company Number: 0803.610.158
VAT Number: BE 0803.610.158
Brussels Register of Legal Entities (Dutch-speaking)
Phone Number: +32 2 569 25 70
E-mail: info@gear.be

Applicability of the General Terms and Conditions

II.1 These general terms and conditions apply to all quotations, offers, invoices, and contracts between the private limited company "GrowthMotive" (trade name "Gear"), with registered office at Excelsiorlaan 17, 1930 Zaventem (Belgium), and the client (hereinafter "the client"), to the exclusion of all general and special terms and conditions of the client.

II.2 By relying on Gear, the client declares to have knowledge of these general terms and conditions and to accept them. Gear strives to give the client sufficient opportunity to consult the general terms and conditions and accept them. The client can freely consult these general terms and conditions via the website or request a copy by sending an e-mail to info@gear.be.

II.3 Any nullity or invalidity of one of these conditions shall not entail the nullity of the other clauses or the agreement. The invalid or void provision should then be read as a valid provision with a result as close as possible to the intended result.

II.4 If Gear and the client conclude a separate written contract, the provisions of the separate contract shall take precedence over these general terms and conditions. These general terms and conditions shall then serve as supplementary law, to the extent applicable.

Establishment and Execution of the Agreement

III.1 Gear offers various training and coaching services, both online and offline, aimed at guiding companies and their teams in the automotive retail sector.

III.2 The contract shall be established through a written or electronic signature of Gear's quotation by the client, or by express agreement with the quotation via e-mail, WhatsApp, or any other communication channel.

III.3 The client may rely on Gear to always perform the contract and assignments to the best of its ability and in accordance with industry practices, with reasonable care expected by the client.

III.4 Regarding contract execution, the client acknowledges and accepts that the contract always implies an obligation of effort for Gear. Gear in no way guarantees success, improvement, or specific results.

III.5 Gear always retains creative, professional, technical, and organizational freedom to perform the contract according to its ability and understanding, in line with the original order or quotation.

III.6 Gear reserves the right to engage specialized third parties if deemed necessary for proper contract execution, whether subcontracted or otherwise.

Cancellation Policy

IV.1 The client may cancel a scheduled training or coaching session free of charge up to 30 (thirty) calendar days before the scheduled start date.

IV.2 In case of cancellation less than 30 days before the start, the following fees apply:

Between 30 and 21 calendar days: 25% of the total invoice amount
Between 21 and 14 calendar days: 50% of the total invoice amount
Between 14 and 7 calendar days: 75% of the total invoice amount
Less than 7 calendar days: 100% of the total invoice amount

IV.3 Cancellations must be made in writing (via e-mail or registered mail) and are valid only after written confirmation from Gear.

IV.4 The date of receipt of the cancellation by Gear is considered the cancellation date.

IV.5 In case of non-appearance without cancellation ("no-show"), the full invoice amount is always due.

Quotes and Payment Terms

V.1 Quotations are non-binding and made under all reservations by Gear.

V.2 Quotations are valid only for the time stated in the quotation, typically 30 (thirty) days, unless agreed otherwise.

V.3 Past offers or agreements do not create any rights for future agreements.

V.4 All prices provided by Gear, whether via oral communication, website, social media, or e-mail, are in euros and exclusive of VAT. Additional costs are shown separately.

V.5 Gear reserves the right to request advance payments.

V.6 Invoices must be paid within 30 (thirty) days from the day after their sending by e-mail, unless agreed otherwise in writing.

V.7 If the payment term is exceeded, Gear may initiate collection proceedings, potentially involving external parties. The client remains liable for all extrajudicial and/or judicial collection costs.

V.8 Late payments incur interest at the reference interest rate plus 8 percentage points, rounded up to the nearest half percentage point. Additionally, unpaid amounts will be increased by a fixed 10% compensation (minimum €40), without prejudice to Gear’s right to further recovery costs.

V.9 If an invoice remains unpaid, all outstanding invoices become immediately due.

V.10 Gear reserves the right to suspend further performance or terminate the contract in case of non-payment, without judicial intervention.

V.11 Invoice disputes must be submitted via registered letter within 8 (eight) calendar days of receipt, or they will be considered accepted.

Liability and Force Majeure

VI.1 Gear and its representatives are not liable for damages unless caused by intent or gross negligence. Gear is not responsible for indirect damages such as loss of profits, sales, or clientele.

VI.2 Gear’s liability is always limited to the lower of:

The respective invoice amount (excluding VAT), or
The amount received from its insurer under its liability policy.

VI.3 Neither party is liable for non-performance due to force majeure (e.g., natural disasters, government restrictions, or other unforeseen events). If force majeure continues for more than 60 days, either party may terminate the contract without penalty.

Processing of Personal Data

VII.1 Gear collects and processes client personal data for contract execution, complaint handling, customer management, and marketing in compliance with GDPR and Belgian law. More details are available in our Privacy Statement on the website.

Intellectual Property Rights and References

VIII.1 All training and coaching materials provided by Gear remain its exclusive property. Clients may use them for personal or internal business purposes but may not copy, modify, distribute, or grant rights to third parties. Unauthorized use may result in additional charges.

VIII.2 The client acknowledges and agrees that Gear may reference their company name for marketing or reviews unless agreed otherwise.

Disputes and Applicable Law

IX.1 In case of disputes, parties will seek an amicable solution.

IX.2 If no resolution is reached, disputes will be governed exclusively by Belgian law, and only the Dutch-speaking courts of Brussels shall have jurisdiction.

These general terms and conditions were prepared by The Digital Lawyer.
www.dedigitalejurist.be