GENERAL CONDITIONS GYM WAREHOUSE
Table of Contents:
Article 1 – Definitions
Article 2 – Identity of the company
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion of the right of withdrawal.
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and execution
Article 12 – Duration transactions: duration, termination and renewal
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or different provisions
ARTICLE 1 – DEFINITIONS
For the purposes of these terms and conditions, the following definitions shall apply:
1. Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
5. Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
7. Model form: the model form for withdrawal that the entrepreneur makes available that a consumer can fill out when he wants to exercise his right of withdrawal.
8. Company: the natural or legal person offering products and/or services to consumers at a distance;
9. Distance contract: an agreement in which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
10. Technology for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur having come together simultaneously in the same room.
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR
Gym Warehouse B.V.
2157 LP Abbenes
Phone : +31 85 401 9828
Chamber of Commerce number: 81167814
VAT identification number : NL86196598B01
ARTICLE 3 – APPLICABILITY
1. These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be stated that the general conditions are available for inspection at the entrepreneur’s premises and that they will be sent free of charge as soon as possible at the consumer’s request.
3. If the distance contract is concluded electronically, in derogation from the previous paragraph and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that, at the consumer’s request, they will be sent electronically or otherwise free of charge.
4. In case specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in case of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to him/her.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall remain in force for the rest and the provision in question shall be replaced without delay in mutual consultation by a provision that approximates the purport of the original as closely as possible.
6. Situations not covered by these general terms and conditions should be judged “in the spirit” of these general terms and conditions.
7. Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted “in the spirit” of these general terms and conditions.
ARTICLE 4 – THE OFFER
1. If an offer has a limited validity period or is made subject to conditions, this shall be expressly stated in the offer.
2. The offer is without obligation. The company is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the company uses images these are a true reflection of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
4. All images, specifications data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
5. Images accompanying products are a true representation of the products offered. Company cannot guarantee that the colors displayed will exactly match the true colors of the products.
6. Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. In particular, this concerns:
o the price including taxes;
o the cost of shipping, if any;
o The manner in which the agreement will be established and what actions are necessary to do so;
o Whether or not the right of withdrawal applies;
o the method of payment, delivery and performance of the agreement;
o the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
o the amount of the rate of distance communication if the cost of using the technique for distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
o Whether the agreement is archived after its conclusion, and if so in what way it can be accessed by the consumer;
o the way in which the consumer, before the conclusion of the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
o any other languages in which, in addition to Dutch, the agreement may be concluded;
o the codes of conduct to which the trader is subject and how the consumer can consult these codes of conduct electronically; and
o The minimum duration of the distance contract in the case of an endurance transaction.
Optional: available sizes, colors, type of materials.
ARTICLE 5 – THE AGREEMENT
1. The agreement, subject to the provisions of paragraph 4, is concluded at the time of acceptance by the consumer of the offer and the fulfillment of the conditions set forth therein.
2. If the consumer has accepted the offer electronically, the company shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the company, the consumer can dissolve the contract.
3. If the agreement is established electronically, the entrepreneur shall take appropriate technical and organizational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the company will take appropriate security measures.
4. The company can inform himself – within legal frameworks – whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
5. The company will include 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 way on a durable medium:
6. the visiting address of the establishment of the company to which the consumer can address complaints;
7. the conditions under which and the manner in which the consumer can use the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
8. the information about warranties and existing service after purchase;
9. the data included in article 4 paragraph 3 of these conditions, unless the company has already provided this data to the consumer before the execution of the agreement;
10. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
11. In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.
12. Each agreement is entered into under the conditions precedent of sufficient availability of the products in question.
ARTICLE 6 – RIGHT OF WITHDRAWAL
Upon delivery of products:
1. When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative previously designated by the consumer and announced to the company.
2. During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack the product to the extent necessary to view the product to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and in the original condition and packaging to the company, in accordance with the reasonable and clear instructions provided by the company.
3. If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the company within 14 days, after receiving the product. Notification should be made by the consumer using the model form. After the consumer has expressed his desire to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of shipment.
4. If the customer has not made known after the expiration of the periods mentioned in paragraphs 2 and 3 that he wants to use his right of withdrawal or has not returned the product to the company, the purchase is a fact.
When providing services:
5. When providing services, the consumer has the option of dissolving the agreement without giving reasons for at least 14 days, starting from the day of entering into the agreement.
6. To make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the company in the offer and/or at the latest at the time of delivery.
ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL
1. If the consumer makes use of his right of withdrawal, he shall bear no more than the cost of return shipment.
2. If the consumer has paid an amount, the company will refund this amount as soon as possible, but at the latest within 14 days after revocation. This is subject to the condition that the product has already been received back by the merchant or conclusive proof of complete return can be provided.
ARTICLE 8 – EXCLUSION OF RIGHT OF WITHDRAWAL
1. The company may exclude the consumer’s right of withdrawal for products described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the company has clearly stated this in the offer, at least in good time before concluding the contract.
2. Exclusion of the right of withdrawal is only possible for products:
3. that have been created by the company in accordance with the consumer’s specifications;
4. Products put into service.
5. Products that are assembled and therefore require disassembly.
6. Products containing signs of use.
7. that are clearly personal in nature;
8. which by their nature cannot be returned;
9. that may spoil or age quickly;
10. whose price is subject to fluctuations in the financial market over which the company has no influence;
11. for single newspapers and magazines;
12. for audio and video recordings and computer software for which the consumer has broken the seal.
13. for hygienic products whose seal has been broken by the consumer.
14. Exclusion of the right of withdrawal is only possible for services:
15. concerning lodging, transportation, restaurant business or leisure activities to be performed on a specific date or during a specific period;
16. whose delivery has begun with the consumer’s express consent before the cooling-off period has expired;
17. concerning betting and lotteries.
ARTICLE 9 – THE PRICE
1. During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the company may offer products or services whose prices are subject to fluctuations in the financial market and over which the company has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices are mentioned with the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the company has stipulated it and:
5. they result from legal regulations or provisions; or
6. the consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.
7. The prices mentioned in the offer of products or services include VAT.
8. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the company is not obliged to deliver the product according to the incorrect price.
ARTICLE 10 – CONFORMITY AND WARRANTY
1. The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the company also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the company, manufacturer or importer does not affect the legal rights and claims that the consumer under the agreement can assert against the company.
3. Any defective or wrongly delivered products should be reported to the company in writing within 7 days after delivery. Return of the products must be in the original packaging and in new condition.
4. The company’s warranty period corresponds to the manufacturer’s warranty period. However, the company 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 warranty does not apply if:
o The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by a third party;
o The delivered products have been exposed to abnormal conditions or otherwise carelessly treated or contrary to the instructions of the company and/or treated on the packaging;
o The defectiveness is wholly or partially the result of regulations that the government has made or will make regarding the nature or quality of the materials used.
ARTICLE 11 – DELIVERY AND EXECUTION
1. The company will take the utmost care in receiving and carrying out orders for products and in assessing applications for the provision of services.
2. The place of delivery shall be the address which the consumer has made known to the company.
3. Subject to what has been stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but at the latest within 30 days, unless consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this within 30 days after the order was placed. In this case, the consumer has the right to terminate the contract without charge. The consumer is not entitled to compensation.
4. All delivery dates are indicative. The consumer cannot derive any rights from any deadlines mentioned. Exceeding a deadline does not entitle the consumer to compensation.
5. In case of dissolution in accordance with paragraph 3 of this article, the company will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the company will make every effort to make available a replacement item. No later than at the time of delivery, it will be reported in a clear and understandable manner that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment shall be borne by the company.
7. The risk of damage and/or loss of products rests with the company until the moment of delivery to the consumer or a representative designated in advance and made known to the company, unless otherwise expressly agreed.
ARTICLE 12 – DURATION TRANSACTIONS: DURATION, TERMINATION AND RENEWAL
1. The consumer may contract for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, denounce the applicable termination rules and a notice not exceeding one month.
2. The consumer may contract for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term denounce the applicable termination rules and a notice not exceeding one month.
3. The consumer may enter into the agreements mentioned in the previous paragraphs:
o cancel at any time and not be limited to cancellation at a particular time or period;
o at least terminate in the same manner as they were entered into by him;
o always cancel with the same notice period as the company has stipulated for himself.
4. A contract entered into for a definite period of time and which aims at the regular supply of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time.
5. Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer can terminate this extended contract by the end of the extension with a notice period not exceeding one month.
6. A fixed-term contract that has been concluded for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a period of notice that does not exceed one month and a period of notice that does not exceed three months in the event that the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. An agreement of limited duration to regularly deliver daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
8. If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
ARTICLE 13 – PAYMENT
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period referred to in Article 6 paragraph 1. In the case of a contract to provide a service, this period shall begin after the consumer receives confirmation of the contract.
2. The consumer has the duty to immediately report inaccuracies in payment information provided or stated to the company.
3. In case of non-payment by the consumer, the company has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
ARTICLE 14 – COMPLAINTS PROCEDURE
1. The company has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
2. Complaints about the execution of the agreement must be submitted to the company within 7 days fully and clearly described, after the consumer has found the defects.
3. Complaints submitted to the company shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.
4. A complaint does not suspend the obligations of the company, unless the company indicates otherwise in writing.
5. If a complaint is found to be justified by the company, the company will, at its discretion, either replace or repair the delivered products free of charge.
ARTICLE 15 – DISPUTES
1. Contracts between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. Even if the consumer resides abroad.
2. The Vienna Sales Convention shall not apply.
Article 16 – Additional or different provisions
Additional provisions or provisions that deviate from these general conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be stored in an accessible manner on a durable data carrier.