Table of contents:

Article   1 – Definitions

Article   2 – Identity of the entrepreneur

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 right of withdrawal

Article   9 – The price

Article 10 – Conformity and warranty

Article 11 – Delivery and execution

Article 12 – Payment

Article 13 – Complaints procedure

Article 14 – Disputes

 

 

Article 1 – Definitions

In these terms and conditions:

1. Reflection period: the period within which the consumer can make use of his right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration 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;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unchanged reproduction of the stored information.
6. Right of withdrawal: the option 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 in if he wants to make use of his right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance agreement: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, use is made of one or more techniques for distance communication;
10. Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur coming together in the same room at the same time.
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

 

 

Article 2 – Identity of the entrepreneur

GYMDOMINATORS
Strevelsweg 36
3075 AK Rotterdam
E-mail address: info@gymdominators.com

Chamber of Commerce number: 81966210
VAT number: NL003629571B42 

 

 

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and orders between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him. is.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will otherwise remain in effect and the relevant provision will be replaced in mutual consultation without delay by a provision that has the purport of of the original as closely as possible.
6. Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
7. Uncertainties about the explanation or content of one or more provisions of our terms and conditions must be explained 'in the spirit' of these terms and conditions.

 

 

Article 4 – The offer

1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur 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 enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
5. Images of products are a true representation of the products offered. 
6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
• the price including taxes;
• any shipping costs;
• the manner in which the agreement will be concluded and which actions are required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery and performance of the agreement;
• the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
• the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
• whether the agreement is archived after the conclusion, and if so, how it can be consulted by the consumer;
• the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
• any other languages ​​in which, in addition to Dutch, the agreement can be concluded;
• the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance contract in the case of a long-term transaction.

 

 

Article 5 – The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and compliance with the conditions set.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can - within legal frameworks - inform himself 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 reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation.
5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
6. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
7. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
8. the information about warranties and existing after-sales service;
9. the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
10. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of an indefinite duration.
11. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
12. Every agreement is entered into under the conditions precedent of sufficient availability of the relevant products.

 

 

Article 6 – Right of withdrawal

1. You have the right to withdraw from the agreement within 14 days. The withdrawal period expires 14 days after the day on which you or a third party designated by you, who is not the carrier, acquires physical possession of the goods.
2. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of the model form. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of dispatch.
4. If the customer has not made it known after the expiry of the periods referred to in paragraphs 2 and 3 that he wishes to make use of his right of withdrawal resp. has not returned the product to the entrepreneur, the purchase is a fact.

 

 

Article 7 – Costs in case of withdrawal

1. If the consumer exercises his right of withdrawal, the costs of return will be borne by him, unless the consumer has received an incorrect or damaged product.
2. If the consumer has paid an amount, the entrepreneur will repay this amount as soon as possible. This is subject to the condition that the product has already been returned to the entrepreneur in an undamaged condition.

 

 

Article 8 – Exclusion right of withdrawal

1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
3. that have been created by the entrepreneur in accordance with the consumer's specifications;
4. that are clearly personal in nature;
5. which cannot be returned due to their nature;
6. for hygienic products for which the consumer has broken the seal and worn the product.
7. all other stated reasons that must be met in the return conditions

 

 

Article 9 – The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered may be changed as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
5. they are the result of legal regulations or provisions; or
6. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
7. The prices stated in the offer of products or services include VAT.
8. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

 

 

Article 10 – Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and/or or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur within 7 days of delivery. Products must be returned in the original packaging and in new condition.
4. The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur 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:
• The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
• The delivered products have been exposed to abnormal conditions or are otherwise carelessly treated or are contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
• The defect is wholly or partly the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.

 

 

Article 11 – Delivery and execution

1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Taking into account what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but no later than within 7 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified.
4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.
5. If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement item available. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment are for the account of the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid immediately after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement with 'Klarna' as the payment method, this period expires.
2. The consumer is obliged to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

 

 

Article 13 – Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within 30 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 30 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
5. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
6. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its option, replace or repair the delivered products free of charge.

 

 

Article 14 – Disputes

1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.