Terms and conditions of Miyagi bvba (“Elizabeth Van Den Bergh”)

Scope of application

Art. 1 These general terms and conditions apply to all agreements entered into with and services provided by Miyagi bvba, with registered office in 1982 Elewijt, Tervuursesteenweg 431, Belgium and with company/VAT number BE0704.879.697 (hereinafter: Miyagi). The commercial name of this bvba is Elizabeth Van Den Bergh.

These general terms and conditions take precedence over any general terms and conditions of the client. Deviations from and additions to these General Terms and Conditions (e.g. on the invoice or on the offer) are only binding if accepted in writing by Miyagi.

Quotation and order confirmation

Art. 2 Specifications and price quotations drawn up by Miyagi are only valid up to and including the stipulated expiry date. If the Customer does not accept the specifications or the quotation within this indicated period, Miyagi will be able to modify its specifications or quotations. The agreement is concluded when the customer signs the offer unchanged and returns it to Miyagi.


Art. 3 Miyagi commits itself to deliver within the delivery time specified by Miyagi. An exception is made for delays caused by the client’s own attitude / additional questions, which make timely delivery impossible or seriously impede it, and force majeure.

In the absence of timely delivery, the customer will notify Miyagi by registered letter to deliver within one month. Once again, Miyagi is not bound to do so in the event of its own attitude / additional questions from the client that make timely delivery impossible or seriously impede and force majeure.

Art. 4 Miyagi shall not be held liable for delays or instances of non-performance due to circumstances or causes beyond its reasonable control, including, without limitation, strikes, lock-outs, acts or omissions, or failure by any third party (other than subcontractors) to cooperate, fire or other similar contingency, acts of God, epidemic, war or other acts of violence or any law, order or requirement of any government agency or government.

Art. 5 If Miyagi commits itself to deliver services or performances, the full training amount needs to be paid when signing the offer/order form. The client can only participate in a training course once the invoice has been paid in full.

Art. 6 In case the customer pays via the KMO-portefeuille, the customer has to transfer the VAT amount immediately after receipt of the invoice to the account number mentioned on the invoice. At the same time, the client must immediately process the application for the KMO-portefeuille. The client undertakes to respect the shortest possible turnaround time for the request for payment. The client is responsible for the correct use of the KMO-portefeuille and for obtaining this subsidy. In the event of irregularities, incorrect or unlawful use of this subsidy, the client is responsible for the consequences and will be obliged to pay for the service provider’s services in full. If there are negative consequences for Miyagi as a result, the Customer may be held liable. Any consequences and associated costs shall be borne by the client.

Cancellation of order or termination of agreement

Art. 7 An official cancellation by the client is done via email. The cancellation may also be preceded by a notice by telephone.

Cancellation terms:
– if the client cancels more than 30 calendar days before the start of the assignment, he must pay 50% of the amount of the agreement.
– if the client cancels less than 30 calendar days before the start of the assignment, he must pay 75% of the amount of the agreement.
– if the client cancels less than 14 days before the start of the assignment, he must pay the full 100% of the amount of the agreement.

In addition, a compensation of 10% of the invoice amount, with a minimum of € 125,- is due as a compensation clause and without prior notice.

Art. 8 Cancellation or suspension by Miyagi may occur if there are not enough participants. The registration fee will then be refunded.

Art. 9 In case of sickness/family circumstances/force majeure of Miyagi, the service will be suspended until further notice and will be restarted as soon as Miyagi is able to do so. Suspension of service does not entitle the client to any compensation.

Reimbursement, invoicing and payment

Art. 10 The compensation will be determined in the offer. If, after acceptance of the quotation, the client wishes to make changes to the assignment or scope, these additional assignments will be carried out at the prevailing hourly rate, unless otherwise agreed.

Art. 11 All invoices are payable in cash, unless stipulated otherwise.

Art. 12 Every invoice from Miyagi is considered accepted by the client if it has not been protested within 8 days after the invoice date in writing and exclusively by registered mail. The client will always mention the date and number of the invoice in his letter.

Art.13 In the event of non-payment, Miyagi reserves the right to suspend further deliveries, performances and services until the client has paid the due invoice, as well as the right to terminate the agreement out of court. In the latter case, Miyagi will send the client a registered notice of default. In the absence of payment by the client within a period of 15 days, Miyagi will again notify the client by registered letter that it considers the agreement between the parties to have been dissolved out of court, subject to collection of the outstanding invoice.

Art.14 Miyagi also reserves the right to regard the agreement as dissolved by operation of law and without prior notice of default in the event of bankruptcy, obvious insolvency or any change in the customer’s legal situation.

Online purchase of training materials

Art.15 The client chooses which products he wants to purchase by adding them to his online shopping cart. When he clicks on Checkout, he proceeds to payment. The customer can also agree on a purchase with Miyagi by email, by indicating which product(s) he wishes to purchase. In that case, Miyagi will send him instructions to pay by email. After successful payment, the sale is completed and the products are shipped to the client.

Art.16 The customer has the choice between the following payment methods:
– by credit card;
– by bank card;
– by bank transfer;
– through PayPal.

Art.17 The client has the right to withdraw the agreement within a period of 14 calendar days without motivation. In order to exercise the right of withdrawal, the customer must inform Miyagi of its decision to withdraw from the contract by means of an unequivocal statement by email. In that case, Miyagi will refund to the client all payments received up to that time in respect of this Agreement within a maximum of 14 calendar days of Miyagi being informed of the Customer’s decision to withdraw the Agreement. Miyagi shall reimburse the client using the same means of payment with which the client carried out the original transaction, unless the client has expressly agreed otherwise; in any case, the client shall not be charged any fee for such reimbursement.

Art.18 The client cannot exercise the right of withdrawal for:
– service contracts;
– the supply of goods manufactured to the customer’s specifications, or which are clearly destined for a specific person;
– agreements where the client has specifically requested Miyagi to visit him to provide urgent services.

Intellectual property rights

Art. 19 The client accepts that the intellectual property rights on the delivered training material will not be transferred. Insofar as these are subject to intellectual property rights, the client will be granted a non-exclusive right of use.


Art. 20 Miyagi can only be held liable towards the client for the proven and actually suffered direct damage resulting from the agreement and which can be attributed to her. Miyagi shall not be liable for consequential damages, such as trading losses or other indirect damages, including lost profits and lost savings.

Art. 21 The possible compensation will in no case exceed the total amount of the services as invoiced to the client.

Processing of personal data

Art. 22 It is possible that, as part of Miyagi’s order, Miyagi creates websites, promotional films, brochures or other material for Miyagi’s own commercial purposes, in which the client’s personal data are processed.

Art. 23 Miyagi commits itself to only use the personal data made available to it by the client in accordance with the client’s instructions and according to these general terms and conditions. For more information on Miyagi’s Privacy Policy, please visit https://speaker.coach/privacy/.

Use of services and references

Art. 24 Under no circumstances is the client allowed to use purchased services for unlawful, punishable behaviour or for acts contrary to public order and morality.

Art. 25 The client agrees that the work performed by Miyagi will be included in the reference portfolio and/or website of Miyagi.


Art. 26 If Miyagi fails to exercise a certain right included in these terms and conditions, this will have no impact whatsoever on its right to pursue this right with the client at a later stage. The annulment of a clause or part of a clause of these Terms and Conditions shall not affect the other clauses or parts of clauses. The annulled part should, if possible, be replaced by a legally valid and economically equivalent provision.

Applicable law – competent court

Art.27 The agreement between Miyagi and the client is subject to Belgian law. All disputes arising from the agreement will be submitted exclusively to the competent court of the district of Antwerp, department Mechelen.