Article 1 - Definitions
Article 2 - Gymlethics’ identity
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Exercising the Consumer’s right of withdrawal and the costs
Article 8 - Obligations of Gymlethics in case of withdrawal
Article 9 - Preclusion from right of withdrawal
Article 10 - The price
Article 11 - Performance of an agreement and extra Guarantee
Article 12 - Delivery and execution
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 – Disputes
Article 1 – Definitions
In these Terms and Conditions, the following terms shall have the following meanings:
1. Additional agreement: an agreement in which the consumer acquires products, digital content and/or services with respect to a distance agreement and these goods, digital content and/or services are delivered by Gymlethics or a third party on the basis of an arrangement between this third party and Gymlethics;
2. Reflection period: the period during which the consumer may use his right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period;
7. Sustainable data carrier: any means, including email, that allow the consumer or Gymlethics to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible.
8. Right of withdrawal: the consumer’s option not to proceed with the distance agreement within the reflection period;
9. Gymlethics: the natural or legal person who provides products, (access to) digital content and or services to consumers at a distance;
10. Distance contract: a contract concluded by Gymlethics and the consumer within the scope of an organized system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;
11. Standard form for withdrawal: the European standard form for withdrawal included in Appendix 1;
12. Technology for distance communication: a means to be used for concluding an agreement without the consumer and Gymlethics being together in the same place at the same time.
Article 2 – The Entrepreneur’s identity
2904 PA, Capelle aan den IJssel
E-mail address: email@example.com
Chamber of Commerce number: KVK 64916820
VAT identification number: BTWNL855901901B01
Article 3 – Applicability
1. These General Terms and Conditions apply to any offer from Gymlethics and to any distance contract concluded by Gymlethics and the consumer.
2. Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, in what way the general terms and conditions are available for inspection at the trader’s premises and that they will be sent free of charge to the consumer, as quickly as possible, at the consumer’s request.
3. If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be provided to the consumer electronically in such a way that the consumer can easily store it on a long-term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they will be sent to at the consumer´s request free of charge, either via electronic means or otherwise, before concluding the distance contract;
4. In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.
Article 4 – The offer
1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If Gymlethics makes use of illustrations, these will be a true representation of the products and/or services being offered. Gymlethics is not bound by obvious errors or mistakes in the offer
3. All images and data specifications in the offer are indicative and may not lead to compensations or rescission of the contract.
4. All offers contain such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This includes, in particular:
Article 5 – The contract
1. Subject to the provisions in paragraph 4, the contract becomes valid when the consumer has accepted the offer and fulfilled the terms and conditions set.
2. If the consumer accepted the offer via electronic means, Gymlethics shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the consumer may repudiate the contract.
3. If the contract is concluded electronically, Gymlethics will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the consumer can pay electronically, Gymlethics shall observe appropriate security measures.
4. Gymlethics may, within the limits of the law, gather information about the consumer’s ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, Gymlethics has sound reasons for not concluding the contract, Gymlethics is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.
5. Before delivering the product, Gymlethics shall send the following information along with the product, the service or the digital content in writing or in such manner that the consumer can store it in an accessible manner on a long-term data carrier:
a. the visiting address of Gymlethics´s business establishment where the consumer may get into contact with any complaints;
b. the conditions on which and the manner in which the consumer may exercise the right of withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal;
c. the information corresponding to existing after-sales services and guarantees;
d. the price including all taxes of the product, service or digital content, where applicable the delivery costs and the way of payment, delivery or implementation of the distance contract;
e. the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.
6. In case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.
7. Each agreement is entered into under the condition precedent of sufficient availability of the products.
Article 6 – Right of withdrawal
1. The consumer can repudiate a purchase contract for a product without giving reasons for a period of reflection of at least 14 days. Gymlethics may ask the consumer about the reason for the withdrawal but cannot force him to state his reason(s).
2. The period mentioned in the previous paragraph commences on the day after the product was received by the consumer or a representative whom was designated by the consumer.
3. During this period the consumer will treat the product and its packaging with care. He will only unpack or use the product as far as necessary in order to be able to assess whether he wishes to retain the product. The premise here is that the consumer should only handle and inspect the product as he would be allowed to do in a shop. If he wishes to exercise his right of withdrawal, then he will return the product to Gymlethics, with all associated components, and – in as far as this is reasonably possible – in the original state and packaging, in accordance with the instructions that were provided by Gymlethics.
4. If the consumer wishes to make use of the right of withdrawal, he shall do this, within the grace period, by using the standard withdrawal form. The consumer returns the product as soon as possible but within 14 days from the day following the provisions of paragraph 3.
5. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the consumer.
6. If the Consumer exercises his right of withdrawal, all additional agreements end by operation of law.
Article 7 – The costs of exercising the right of withdrawal
The consumer shall bear the direct costs of returning the product. If Gymlethics pointed out that it will bear the costs itself, the consumer does not need to pay the cost of returning the product.
Article 8 – Obligations of Gymlethics in case of withdrawal
1. Gymlethics will send a confirmation e-mail after Gymlethics receives a withdrawal notification from the customer.
2. Gymlethics reimburses the consumer immediately with all payments, though at the latest within 30 days after the goods were returned or after the withdrawal. This is on condition that the product has been received back by Gymlethics or if a conclusive evidence of complete return can be submitted to Gymlethics.
Article 9 – Preclusion from right of withdrawal
1. Gymlethics can preclude the consumer from having a right of withdrawal as far is provided for in paragraph 2 of this article. The preclusion of the right of withdrawal is only valid if Gymlethics clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract.
2. Exclusion of the right of withdrawal is only possible for products:
a. Products or services whose prices are subject to fluctuations in the financial market that are beyond Gymlethics’s control, at variable prices that can happen during the period of withdrawal;
b. which are established by the entrepreneur to the consumer’s specifications;
c. that are clearly personal in nature;
d. that can not be returned because of their nature;
e. Hygiene products that are sealed and who's the consumer has broken the seal.
Article 10 - The price
1. The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject tochanges in price due to changes in VAT rates.
2. Contrary to the previous paragraph, Gymlethics may offer products or services whose prices are subject to fluctuations in the financial market that are beyond Gymlethics’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
3. Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.
4. Price increases from 3 months after concluding the contract are permitted only if Gymlethics has stipulated it and
a. they are the result of legal regulations or stipulations, or
b. the consumer has the authority to cancel the contract before the day on which the price increase
5. All prices indicated in the provision of products or services are including VAT.
Article 11 – Performance of an agreement and extra Guarantee
1. Gymlethics guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded. If agreed, Gymlethics also guarantees that the product is suitable for other than normal use.
2. A guarantee arrangement offered by Gymlethics, manufacturer or importer does not affect the legal rights and claims that a consumer, as a result of the contract, can enforce against Gymlethics.
3. Any defects or faulty deliveries must be reported to the entrepreneur in writing within 7 days after delivery. Return of the products must occur in the original packaging and in new condition.
4. The guarantee period of the entrepreneur corresponds to the manufacturer's warranty period. The entrepreneur, however, is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The guarantee does not apply when:
o The consumer has repaired and/or processed, or had a third party repair or process the delivered products;
o The delivered products were exposed to abnormal circumstances or treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
o The defect is fully or partially the consequence of current or future governmental regulations regarding the nature or the quality of the materials used.
Article 12 – Delivery and execution
1. Gymlethics shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.
2. The place of delivery is at the address given by the consumer to Gymlethics.
3. With due observance of the stipulations in Article 4 of these General Terms and Conditions, Gymlethics shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer shall be informed about this within one month after ordering. In such cases, the consumer is entitled to repudiate the contract free of charge. The consumer does not have a right to receive compensation.
4. After repudiation in conformity with the preceding paragraph, Gymlethics shall return the payment made by the consumer promptly but at least within 14 days after repudiation.
5. All delivery dates are indicative. If any delivery term is exceeded, the consumer is not entitled to compensation, nor is he/she entitled to cancel the order or dissolve the agreement.
6. The risk of loss and/or damage to products will be borne by Gymlethics until the time of delivery to the consumer or a representative appointed in advance and made known to the consumer, unless explicitly agreed otherwise.
Article 13 – Payment
1. Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the consumer must be settled within 14 days after concluding the agreement. In case of an agreement to provide a service, this period starts on the day that the consumer received the confirmation of the agreement.
2. The consumer has the duty to inform Gymlethics promptly of possible inaccuracies in the payment details that were given or specified.
3. In case the consumer has not complied with his payment obligation(s) in time, and Gymlethics has pointed out to the consumers that the payment was late and allowed the consumer a period of 14 days to comply with the payment obligations, the consumer is obligated to pay the statutory interest on the amount. Also, Gymlethics is entitled to charge the consumer with any extrajudicial collection costs. These extrajudicial collection costs amount to no more than 15% for outstanding amounts up to € 2,500, 10% for the following € 2,500 and 5% for the following € 5000, with a minimum of € 40. Gymlethics may deviate from the aforementioned amounts and percentages in favor of the consumer.
Article 14 – Complaints procedure
1. Gymlethics shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.
2. Complaints about the performance of the contract shall be submitted fully and clearly described to Gymlethics within 7 days after the consumer discovered the defects.
3. The complaints submitted to Gymlethics shall be replied within a period of 14 days after the date of receipt. Should a complaint require a foreseeable longer time for handling, Gymlethics shall respond within 14 days with a notice of receipt and an indication when the consumer can expect a more detailed reply.
4. If the complaint cannot be solved in joint consultation within a reasonable time or within 3 months after submitting the complaint, there will be a dispute that is open to the dispute settlement rules.
Article 15 - Disputes
1. Contracts between Gymlethics and the consumer to which these General Terms and Conditions apply, are exclusively governed by Dutch law.
2. The UN Convention on Contracts for the International Sale of goods (also referred to as the Vienna Sales Convention) shall not apply.