Terms and Conditions
Article 1 - Definitions
In these terms and conditions shall apply:
- EntrepreneurThe natural or legal products and / or remote services and consumer services;
- Consumer: The natural person not acting in the exercise of professional or business and a distance contract with the entrepreneur;
- Distance contractMeans an agreement made in the context of a system organized by the Entrepreneur for distance sale of products and / or services, to conclude the agreement exclusive use of one or more means of distance communication;
- Technology for distance communication: means that can be used to conclude an agreement, without the consumer and trader being in the same place at the same time;
- Reflection time: the period within which the the consumer can make use of his right of withdrawal;
- Right of withdrawal: The ability for the consumer to waive the distance contract within the cooling-off period;
- Day: Calendar;
- Length Transaction: a distance contract with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;
- Durable medium: Any means that the consumer or business that enables information addressed personally to him to store in a way that future consultation and unaltered reproduction of the stored information.
Article 2 - Identity of the entrepreneur
Body and Gym Shop
Terbregse Rechter Rottekade 178
3055 XH Rotterdam (the Netherlands)
Phone: + 31 (0) 10 - 818 34 36
Chamber of Commerce number: 77092775 (Rotterdam, the Netherlands)
VAT identification number: NL860897655B01
Mon 10: 30 - 18: 00 hours
Tue through Fri 09: 00 - 18: 00 hour
Saturday: 09: 00 - 17: 00 hour
Article 3 - Applicability
- These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance between businesses and consumers.
- Before the distance contract is concluded, the text of these general conditions made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, indicated that the general conditions for the entrepreneur to see and they will be sent. As soon as possible free of charge to the consumer
- If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions are set in such a way that the consumer in the consumer made available electronically a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, indicated where the general conditions may be taken and that they electronically or otherwise will be sent free of charge. Request of the consumer electronically
- In the event that in addition to these terms and conditions specific product or service conditions apply, the second and third paragraphs shall apply and the consumer in case of conflicting terms always rely on the applicable provision that is most favorable to him 's.
Article 4 - The offer
- If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
- The offer includes a complete and accurate description of the products and / or services. The description is sufficiently detailed to allow. Proper assessment of the offer by the consumer If the contractor uses these images are a true representation of the products and / or services. Obvious mistakes or errors in the offer does not bind the entrepreneur.
- Each offer contains such information that is clear to the consumer what rights and obligations are involved in accepting the offer. This concerns in particular:
- · The price including taxes;
- · The possible costs of delivery;
- · The manner in which the agreement will be concluded and which actions are required for this;
- · Whether or not the right of withdrawal is applicable;
- · The method of payment, delivery or implementation of the agreement;
- · The period for accepting the offer or the period for which the price is honored;
- · The level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate;
- · If the agreement is filed after conclusion, how the consumer can consult it;
- · The way in which the consumer can become aware of acts he does not want before concluding the agreement, as well as the way in which he can rectify these before the agreement is concluded;
- · The languages in which, in addition to Dutch, the agreement can be concluded;
- · The codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
- · The minimum duration of the distance agreement in the case of an agreement that involves the continuous or periodic delivery of products or services.
Article 5 - The contract
- The agreement is subject to the provisions of paragraph 4, established at the time the consumer accepts the offer and meet the corresponding conditions.
- If the consumer has accepted the offer electronically, the trader will immediately confirm electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed, the consumer may rescind the contract.
- If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the trader will take suitable security measures.
- The entrepreneur can - within the law - to inform or to satisfy the consumers of its payment obligations, and of all those facts and factors that are important to a sound conclusion of the distance contract. If the operator under this investigation was justified not to conclude the contract, he is entitled to refuse an order or application or to bind. Implement special conditions
- The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
the visiting address of the establishment of the business where the consumer can lodge complaints;
b. the conditions under which and the manner in which the consumer of the right of withdrawal may be exercised, or a clear statement regarding the exclusion of the right of withdrawal;
c. information on existing after sales service and guarantees;
d. contained in Article 4 3 paragraph of these conditions, unless the trader has provided before concluding the contract this information to the consumer;
e. the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite.
6. If the entrepreneur has undertaken to deliver a range of products or services, the provision in the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
You have the right to return your item within 14 days, without giving a reason (right of withdrawal). Within this period you can view, review and / or fit the item as you do in the store, unless stated otherwise.
The withdrawal period expires 14 days after the day on which the item is in your possession. By this we mean when the package has been received by you or a third party designated by you. If you revoke the agreement, you will immediately receive all payments you have made up to that point, including shipping costs (with the exception of any additional costs resulting from your choice of a different method of delivery than the cheapest standard delivery offered by us) and in any case no later than 14 days after we have received the cancellation notice. If you return only part of your order, the delivery costs will not be refunded. We will pay back with the same payment method that the transaction was originally used for, unless you have expressly agreed otherwise; in any case no costs will be charged for the reimbursement. We may wait with a refund until we have received the goods back, or until you have demonstrated that the goods have been returned, whichever is the earlier. After cancellation you must return or hand over the goods to us as quickly as possible and within 14 days. You are on time if the goods have been returned before the 14 days period has expired. The direct costs of returning the goods are for your own account. In addition, you are only liable for the depreciation of the goods that results from the use of the goods that goes beyond what is necessary to determine the nature, characteristics and operation of the goods. In that case, we may settle this depreciation with the amount to be refunded.
Article 7 - Costs in case of withdrawal
- If the consumer makes use of his right of withdrawal, the costs of return will not exceed the cost of the return. This amounts to a personal contribution of € 5 per return shipment. If an item has to be exchanged due to an error on our part, the costs for return are for our account.
- If the consumer has paid an amount, Body and Gym Shop will charge this amount as soon as possible, though no later than within 14 days after the return or cancellation, refund.
You do not have to pay a return fee for the following exceptions:
The wrong product has been delivered
The package was delivered incorrectly
The product is over the date (without mention on the product page and outside of the statutory best-before period)
Article 8 - Price
- During the period mentioned in the offer prices of the products and / or services have not increased, except for price changes resulting from changes in tax rates.
- Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, with variable prices. These fluctuations and the fact that any price targets, are stated in the offer.
- Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
- Price increases 3 months after the conclusion of the contract are only permitted if the trader has agreed to this and:
a) they are the result of statutory regulations or provisions; or
b) the consumer has the authority to cancel the contract on the day on which the price increase takes effect.
- The supply of products or services mentioned prices include VAT.
Article 9 - Conformity and Guarantee
- The trader guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and and on the date of the conclusion of the agreement existing legal provisions / or government regulations.
- An arrangement offered by the trader, manufacturer or importer as a guarantee does not affect the rights and claims that consumers entrepreneur can assert on the basis of the law and / in respect of a failure to fulfill the obligations of the employer against or the distance contract.
Article 10 - Delivery and implementation
- The entrepeneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has informed to the company.
- With due observance of the provisions in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but no later than within 14 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification no later than one month after placing the order. In that case, the consumer has the right to terminate the contract without penalty and the right to any compensation.
- In the event of dissolution in accordance with the previous paragraph, the entrepreneur will pay the amount the consumer has paid as soon as possible, but no later than within 14 days repay after dissolution.
- If delivery of an ordered product appears to be impossible, the entrepreneur will endeavor to make a replacement item available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. With replacement items it is possible right of withdrawal cannot be excluded. The costs of return shipment are borne by the entrepreneur.
- The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless explicitly agreed otherwise.
Article 11 - Duration transactions
- The consumer can cancel an agreement that has been concluded for an indefinite period of time at any time with due observance of the agreed termination rules and a notice period of at most one month.
- A contract that has been entered into for a definite period has a maximum duration of two years. If it has been agreed that the distance contract will be extended if the consumer is silent, the contract will be continued as a contract for an indefinite period of time and the cancellation period after continuation of the contract will be a maximum of one month.
Article 12 - Payment
- a) Unless otherwise agreed, the amounts owed by the consumer must be paid within fourteen days after delivery of the goods or in the case of an agreement to provide a service, within 14 days after the delivery of the documents relating to this agreement .
- b) When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. When an advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service (s), before the advance payment has been made.
- c) The consumer has the duty to immediately report inaccuracies in payment data provided or stated to the entrepreneur.
- d) In the event of non-payment by the consumer, the trader has the right, subject to legal restrictions, to charge the consumer reasonable costs that have been made known to the consumer in advance.
- e) Afterpay is used for the "Postpay" payment option.
AfterPay introduces complete the full payment process afterwards. This means that you will receive a digital giro collection form from AfterPay via e-mail to pay for the purchased product (s). You can atpay with a digital giro collection form up to an amount of € when you pay via AfterPay for the first time. If you are already familiar with AfterPay you can pay up to an amount of €.
You can always contact AfterPay if you have any questions. For more information, refer to it consumer part of the AfterPay website.
Article 13 - Complaints
- The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
- Complaints about the implementation of the agreement must promptly, fully and clearly described to be submitted to the entrepreneur, after the consumer has discovered the defects.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the 14 period with a message of receipt and an indication when the consumer can expect a more detailed answer.
Article 14 Intellectual property.
The Buyer expressly acknowledges that all intellectual property rights of displayed information, communications or other expressions with regard to the products and / or with regard to the website rest with Body en Gym Shop, its suppliers or other entitled parties.
Article 15 Personal Data.
Article 16 Applicable law and competent court.
All offers from Body and Gym Shop, its agreements and the implementation thereof are exclusively governed by Dutch law. The applicability of the Vienna Sales Convention is expressly excluded.
Article 17 Links
Article 18 Your rights
You can always ask Body and Gym Shop which data about you is processed. You can send an e-mail for this. You can also ask Body & Gym Shop by e-mail to make improvements, additions or other corrections, which Body and Gym Shop will process as soon as possible. If you no longer wish to receive information, you can inform Body & Gym Shop. Information is only sent if you have provided your e-mail address.
Article 19 - Additional or different terms
Additional or different provisions of these terms may not be to the detriment of the consumer and should be recorded or in such a way that they can be stored on a durable medium. Consumers in an accessible manner